Unlicensed contractor gets 5 years
Bilked of $1-million, two dozen homeowners spoke at his sentencing.
By JOSE CARDENAS
Published June 26, 2007
CLEARWATER - More than two dozen homeowners fell victim to Mark Shannon Kiser the way Kenneth Cichowski did.
Cichowski hired Kiser in 2002 to add a room to his house in St. Petersburg and replace the roof. Cichowski paid $28, 000 to Kiser, who said he was a licensed general contractor.
But Kiser lied, according to prosecutors. He was not licensed. He never finished the work to Cichowski's house, either.
Prosecutors charged Kiser in 2003 with bilking victims across Pinellas County out of more than $1-million. Earlier this year, he pleaded no contest to a count of scheme to defraud. On Friday, Kiser, 52, was sentenced to five years in prison followed by 15 years of probation.
Judge Joseph A. Bulone also ordered Kiser to pay $500, 000 in restitution, according to defense attorney George Tragos.
Kiser believed prosecutors could prove the charges if the case went to trial, Tragos said.
"He basically took full responsibility, apologized to the victims, " Tragos said.
Kiser once lived in Largo and Clearwater. The contracts for various home improvement projects were signed with the victims between 2000 and 2002, court records show.
Kiser used the business names "Hill Construction" and "Hill Construction and Design."
He misled victims into believing that he was covered by the license of Duane D. Hill Jr., a Charlotte County general contractor. Hill's attorney told investigators that Hill once gave permission to Kiser to use his name and license to solicit work, but that he withdrew it in November 2001.
Such permission is legal when the owner of the license registers another person as a legal agent with the state. But prosecutors allege Kiser was never registered, or "qualified, " as Hill's legal agent.
Kiser negotiated contracts and asked for substantial deposits upon signing of the contract and at the start of work, prosecutors said. He didn't finish the work but he continued signing contracts.
Assistant State Attorney William Burgess could not be reached for comment.
Tragos said 24 victims spoke at sentencing. They urged the judge to sentence Kiser to 30 years.
In letters to the court, Kiser's wife, relatives and friends said he was a hard-working family man.
Tragos said Kiser, who had no other criminal record, would work on paying restitution when free. "Five years is certainly reasonable in our opinion, " Tragos said.