Kyong Sun McMahon Dba Marin Wine Cellar v. Bureau of Alcohol, Tobacco and Firearms, United States Department of the Treasury

Petitioner Kyong Sun McMahon appeals from the Regional Regulatory Administrator’s denial of her application for a basic permit to import wine and wholesale it in the United States. We affirm the Order of the Administrator.

I

The Administrator’s denial was based on two grounds. First, the Administrator concluded that petitioner had willfully concealed material facts in her permit application. This finding was supported by substantial evidence. McMahon failed to disclose that she had been in the retail wine business, that she had been a massage parlor owner, and that she had been convicted of a misdemeanor. The Administrator found that the omissions were either negligent or intentional; he noted that petitioner had owned businesses that were subject to police or administrative inspection and required applications and licenses or permits and that she had competent legal and accounting advisors available to her.

The finding of willful concealment is not undermined by petitioner’s allegation that 27 C.F.R. § 1.26 was not followed. The Administrator reasonably concluded that the Bureau of Alcohol, Tobacco, and Firearms had complied with 27 C.F.R. § 1.26 by giving petitioner an…