UMTED STATES COAST GUARD,

Complainant,

vs.

WENDELL E. NANCE, JRRespondetrt

Docket Number 20234072

Enforcement Activity Number 7636260

ORDERGRANTING COAST GUARD'S MOTION FOR Df,FAULT ORDER

Issued: November 17. 2023

UNITED STATES OF AMDRICA

U.S. DEPARTMENT OF EOMELAND SECIIRITY UNITED STATES COAST GUARI)

APPearances:

ANDRE* t'#I"li;X"i? 

"nter 

or Expertise

USCG SusPensi* *i*t;';'t"ast 

Guard

WENDELL E' NAITICE' JR" Pro se

For the Respondent
ORDER GRANTL\*G COAST GUARD'S MOTION FOR DEI,'AULT ORDER

The United States Coast Guard Mariner Credentialing Fraud Task Force (Coast Guard)

issued a Complaint dated February 21, 2023, against WENDELL E. NANCE, JR. (Respondent)

seeking to revoke his Merchant Mariner Credential (MMC) for violations of misconduct under

46 U.S.C. $ 7703(lXB) and 46 C.F.R. $ 5.27.

Specifically, the Coast Guard alleges on or about October 1, 2019, Respondent submitted

Applications for Merchant Mariner Credential (CG-719B) to the Coast Guard National Maritime

Center to obtain new endorsements and raise in grade. In support of the applications,

Respondent submitted to the Coast Guard fraudulent course completion certificates. He also

falsely indicated "No" on the applications when asked "Have you ever been convicted by any

court - including military court - for an offense other than a minor tra{fic violation", in violation

of 18 U.S.C. g 1001. Respondent's violation of 18 U.S.C. $ 1001 is misconduct as described by

46 U.S.C. $ 7703(l)@) and defined by 46 C.F.R. $ 5.27.

The Coast Guard filed its Return of Service for Complaint on March 6, 2023, indicating it

served a copy of said Complaint to Respondent at his residence by express courier. A person of

suitable age and discretion residing at the address sigrred for the document on March 3, 2023.

As set forth in the Complaint, Respondent's Answer is due within 20 days of receipt in

accordance with 33 C.F.R. $ 20.308. Respondent's Answer was due no later than March 23,

2023. Respondent did not file an Answer, nor requested an extension of time to file an Answer

by the deadline; therefore, the Coast Guard filed its Motion for Default Order (Default Motion)

on May 19,2023, requesting the Administrative Law Judge (ALJ) issue a Default Order against

Respondent imposing the sanction asked for in the Complaint.

1
The ALJ Docketiag Center assigred this matter to me for rwiew and adjudication on

June 15, 2023. After reviewing the case file, I determined that service ofthe Default Motion

upon Respondent was incomplete. Further, I found that the Coast Guard had not complied with

the applicable provisioas of33 C.F.R. $$ 20.310 and 20.304(d) and (g). Therefore on July 13.

2023, t issued an Order Denying the Coast Guard's Motion for Default Order directing the Coast

Guard to refile its Default Motion and to properly serve Respondent with the document.

On October 6,2023, the Coast Guard refiled its Default Motion. It subsequently filed its

Retum of Service for the Default Motion on November 6, 2023, stating the document was

personally served on Respondent at his residence by Coast Guard lnvestigative Service (CGIS)

Special Agents on October 17,2023.\ Title 33 C.F.R. g 20.310 provides "the respondent alleged

to be in default shall file a reply to the motion 20 days or less after service of the motion."

Respondent's reply was due no later than November 6,2023. To date, Respondent has not filed

his reply.

Upon firther review ofthis file, I frnd that the applicable provisions of 33 C.F.R. $$

20.310 and 20.304(d) and (h) have been complied with and Respondent is in DEFAULT. Under

33 C.F.R. g 20.310(c) a default constitutes an admission ofall facts alleged in the C6mplaint and

a waiver of Respoodent's right to a hearing.

Accordingly, I find the violations alleged in the Complaint are PROVED. I have

carefully reviewed the Complaint and the Default Motion and further find the proposed sanction

ofrevocation is appropriate under the provisions of46 C.F.R. $ 5.569.

I As proof of service, the Coast Guard attached to the Rsturn of Service for tbe Defaolt Motion, CGIS Action

Report #AR2310001502.

')
SANCIION

IT IS IIEREBY ORDERED that Respondent WENDELL E. NANCE, JR.'s Merchant

Mariner Credential is REVOKED.

IT IS FURTHER ORDERED that Respondent immediately surrender his MMC to the

United States Coast Guard. Suspension and Revocation National Center of Expertise, 100 Forbes

Drive. Martinsburg, WV 25404. If Respondent knowingly continues to use his MMC, he may be

subject to criminal prosecution.

PLEASE TAKE NOTICE that under 33 C.F.R. $ 20.310(e), for good cause showq an

Adminishative Law Judge may set aside this finding of Default. Respondent may file a motion

to set aside the finding with the ALJ Docketing Center, Baltimore, MD.

PLEASE TAI(E FURTHER NOTICE that service of this Order upon Respondent

serves to notifu Respondent ofhis right to appeal as set forth in 33 C.F.R. $$ 20.1001 -20.1004.

(Attachment A).

Done and dated Novemtler 17 ,2023

New York, NY