Search


About

Flipping Frenzy.com is your source for news, information, and commentary on Real Estate and Mortgage Fraud. Click here to learn more.


Suspect Fraud?

If you believe you have been a victim of real estate or mortgage fraud, start here! Select your state from the pulldown menu below:

Articles

Our founder, Ralph Roberts, has written many eye-opening articles about Real Estate and Mortgage Fraud. Click here for more information.

Contact Ralph

If you would like to talk with us about a Real Estate or Mortgage Fraud-related matter, please click here.


Click Above for Info

Categories

Ralph's Latest Book: Click Above for Info

October 2010
S M T W T F S
« Sep   Nov »
 12
3456789
10111213141516
17181920212223
24252627282930
31  

Click Above for Info

Recent comments

The FBI Investigates Mortgage Fraud!

Recent posts

Archives

October 21, 2010

La Crosse Man Pleads Guilty to Bank Fraud

MADISON, WI—John W. Vaudreuil, United States Attorney for the Western District of Wisconsin, announced that Dennis J. Deeny, 58, of La Crosse, Wis., pleaded guilty Thursday, October 14, in U.S. District Court in Madison to bank fraud.
U.S. District Judge William M. Conley scheduled sentencing for December 9, 2010, at 1:00 p.m. Deeny faces a maximum penalty of 30 years in prison.
The indictment to which Deeny pleaded guilty alleged that he was one of two shareholders in a Wisconsin Corporation known as Affordable Homes of Tomah, Inc. Affordable Homes of Tomah, Inc. had entered into a floor plan loan agreement with Farmers and Merchants Bank of Tomah, Wisconsin, for the purpose of financing modular homes which would then be sold by Affordable Homes of Tomah, Inc. The loan agreement required that upon receipt of the proceeds of the sale of a modular home held as collateral by Farmers and Merchants Bank, the proceeds would be held in trust for the bank and promptly paid and delivered to the bank.
Deeny pleaded guilty to violating the floor plan agreement and failing to promptly provide the bank with approximately $227,540.00 in sales proceeds.
The charge against Deeny was the result of an investigation conducted by the La Crosse office of the Federal Bureau of Investigation. The prosecution of the case has been handled by Assistant U.S. Attorney Grant C. Johnson.

Posted By: Ralph Roberts @ 12:03 am | | Comments (0) | Trackback |
Filed under: Bank Bribery

Emanuel County Couple Sentenced in Mortgage Fraud Scheme

STATESBORO, GA—BRIAN STEPTOE, 41, and NATASHA STEPTOE, 38, both from Emanuel County, Georgia, were sentenced yesterday in federal district court for their roles in a mortgage fraud scheme that occurred in Swainsboro, Georgia.

“The U.S. Attorney’s Office will continue to work with law enforcement partners to investigate and prosecute those who engage in financial crimes, especially crimes such as mortgage fraud, that affect the heartland of our country,” stated United States Attorney Edward J. Tarver.

Evidence presented during their guilty pleas revealed that the Steptoes, with the assistance of others, knowingly submitted a false loan application and other documentation to Bank of America with regard to a $400,000 home loan. The investigation revealed that the Steptoes’ scheme was to defraud Bank of America in order to pocket sizeable sums of money for themselves and others. The property went into foreclosure soon after it was sold and remains on the market to this day.

BRIAN STEPTOE was sentenced to fifty-four (54) months, $410,236.59 in restitution to be paid jointly and severally with his co-defendants, and five (5) years of supervised release. NATASHA STEPTOE was sentenced to twenty (20) months, $340,297.54 in restitution to be paid jointly and severally with her co-defendants, and three (3) years of supervised release.

This case was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.

U.S. Attorney Tarver recognized the extensive efforts of the FBI in bringing this criminal activity to light, and particularly praised the efforts of Statesboro FBI Special Agent Cornelius Harris, who investigated this case.

Assistant United States Attorneys Natalie Lee and Frederick Kramer prosecuted this case. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.

Posted By: Ralph Roberts @ 12:00 am | | Comments (0) | Trackback |
Filed under: Georgia,Loan Fraud,Mortgage Fraud,Mortgage Fraud Scheme

October 20, 2010

New York Couple Charged With Bank Fraud

PREET BHARARA, the United States Attorney for the Southern District of New York, JANICE K. FEDARCYK, the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and PETER ZEGARAC, the Inspector-in- Charge of the New York Division of the United States Postal Inspection Service (“USPIS”), announced that PAULETTE GABBIDON, a/k/a “Paulette Hibbert,” a/k/a “Paulette Webb,” a/k/a “Alliyah Adstroy,” a/k/a “Alliyah Hibbert,” JASON LEWIS, and JOYCE LEWIS were arraigned last Friday in White Plains federal court on a Superseding Indictment charging them in 27 counts with conspiring to commit bank fraud and to make false statements to financial institutions, bank fraud, and making false statements to financial institutions. They had previously been charged in a five-count Indictment unsealed in June that was part of a nationwide mortgage fraud sweep. That Indictment charged them with one count of conspiring to commit bank fraud and four counts of bank fraud. A fourth defendant named in the Superseding Indictment, JAMON LEWIS, voluntarily surrendered last Tuesday. He was arraigned and released on bail conditions.
According to the Superseding Indictment:
GABBIDON was associated with businesses known as Mortgage Opt Corporation, Alliyah Advisory Group, Alliyah I Property Management Group, Alliyah I Advisory Group and Alliyah Hibbert Incorporation. For two years, from August 2003 through August 2005, GABBIDON, JASON LEWIS, JOYCE LEWIS, and JAMON LEWIS engaged in a scheme to defraud three financial institutions, National City Bank/National City Home Equity (hereafter, “NCB”), Wells Fargo Bank, and IndyMac Bank, by obtaining equity lines of credit and a mortgage through these financial institutions by submitting false and fraudulent information to the financial institutions.
In four instances, they obtained equity lines of credit from NCB on residential properties that did not actually exist but were represented to be located in Rockland County, New York, and New Jersey (hereafter, the “Fake Properties”). In other instances, they obtained equity lines of credit and mortgages on properties using the names and purported employment and financial information of other people, as well as other false information (hereafter, the “False Information Properties”). These properties were also located in Rockland County, New York, and New Jersey.
In order to obtain the loans, GABBIDON, JASON LEWIS, JOYCE LEWIS, and JAMON LEWIS submitted and caused to be submitted to NCB, Wells Fargo, and IndyMac certain documents, including, among other things, forms entitled “Loan or Line Registration/Submission Form,” loan applications, earnings statements, IRS Forms W-2, and appraisals that contained materially false and misleading information. For example, the loan applications for the Fake Properties misrepresented that the properties actually existed at the locations. Appraisals submitted in support of loan applications for the Fake Properties and certain False Information Properties were not appraisals for those properties, but were appraisals for other properties that had been altered and made to appear as if they were appraisals for the Fake Properties and False Information Properties. IRS Forms W-2 and earnings statements submitted and represented to be documents evidencing the employment and income history of the purported borrowers on the loans for the Fake Properties and certain False Information Properties were not genuine documents relating to the purported borrowers but had been altered and made to appear as if they were genuine. In furtherance of the scheme to defraud, and in connection with six of the loans, GABBIDON also acted as the settlement agent by falsely representing to NCB that she was an attorney.
After the loans were obtained, monthly payments were made for a short period of time and then stopped altogether. Thereafter, the loans went into default, leading the lenders to charge off the loans as losses or foreclose on the property. As a result of the scheme, GABBIDON, JASON LEWIS, JOYCE LEWIS and JAMON LEWIS obtained more than $2,800,000.
Following their arraignment before U.S. Magistrate Judge GEORGE A. YANTHIS, GABBIDON, JASON LEWIS, and JOYCE LEWIS were released on bail conditions. If convicted, they face a maximum term of five years in prison for the conspiracy count. They also face fines of up to $250,000 or twice the gross gain or loss resulting from that offense. GABBIDON, 40, of Quincy, Massachusetts, who was named in every count, also faces a maximum term of 30 years’ imprisonment on each of the bank fraud and false statements counts and fines of up $1 million or twice the gross gain or loss resulting from the crimes on each count. In addition to the conspiracy count, JASON LEWIS, 35, was named in four bank fraud and four false statement counts, for which he faces a maximum penalty of 30 years’ imprisonment and fines of up to $1 million or twice the gross gain or loss resulting from the crimes on each count. In addition to the conspiracy count, JOYCE LEWIS, 56, of Elmsford, New York, was named in three bank fraud and three false statement counts, for which she faces a maximum penalty of 30’ imprisonment and fines of up to $1 million or twice the gross gain or loss resulting from the crimes on each count. In addition to the conspiracy count, JAMON LEWIS, 35, of Elmsford, New York, was named in one bank fraud and one false statement count, for which he faces a maximum penalty of 30 years’ imprisonment and fines of up to $1 million or twice the gross gain or loss resulting from the crimes on each count. All four defendants also face orders of restitution in the amount of $2,852,400 and forfeiture of ill-gotten gains.
Mr. BHARARA praised the work of the FBI and the USPIS. He added that the investigation is continuing.
Assistant U.S. Attorney MARGERY B. FEINZIG of the Office’s White Plains Division is in charge of the criminal prosecution.
The charges contained in the Indictment are merely accusations, and the defendants ARE presumed innocent unless and until proven guilty.

Posted By: Ralph Roberts @ 1:31 am | | Comments (0) | Trackback |
Filed under: Bank Fraud,Loan Fraud,Mortgage Fraud,Mortgage Fraud Scheme

PA Mortgage Broker Sentenced for Fraud

Frank J. Dattilo, 64, Holland, Pennsylvania, was sentenced to 15 months in prison for a scheme to defraud mortgage lenders in an effort to obtain money and property.

Dattilo was the owner and operator of the mortgage brokerage firm Provident Financial Group (“PFG“), located in Bensalem, PA. He employed Michael Giello as a mortgage broker and loan officer, and Jason Megow as a loan processor. Dattilo marketed to people with poor credit or low incomes. Between January 2004 and February 2007, Dattilo, Giello, and Megos created false documents for use in mortgage applications. The falsified forms, among other things, overstated borrowers’ income, falsely showed that borrowers had rental histories, and showed that a property was an income-producing rental property when, in fact, it was not. These fraudulent documents made borrowers appear more creditworthy than they were, thereby misleading the banks into funding the mortgage loans.

All three defendants pleaded guilty to two counts, each, of mail fraud. Giello was sentenced to one year and one day; Megow was sentenced to one day in prison and five years of supervised release. In addition to the prison term, U.S. District Court Judge Norma Shapiro ordered the three defendants to pay total restitution in the amount of $ 117,673.66.

United States Attorney Zane David Memeger announced the sentence.

This case was investigated by the Federal Bureau of Investigation and Pennsylvania Department of Banking. It was prosecuted by Assistant United States Attorney Maria M. Carrillo.

By Jimmy

October 19, 2010

Don’t Be a Victim of Mortgage Fraud

Mortgage fraud has become more prevalent throughout the nation and especially so in Georgia, particularly the Atlanta metropolitan area. Mortgage fraud has wreaked havoc on neighborhoods, ruined individuals’ credit standing, and caused many millions of dollars of losses in Georgia. Don’t be a victim of mortgage fraud or fall prey to becoming unwitting participants in a fraud scheme. Ensure that you are dealing with a reputable entity, ask questions about unusual or suspicious transactions, and be aware of any deal that sounds “too good to be true”. If any loan officer or mortgage broker asks you to sign any document that you know contains a false statement or misrepresentation – WALK AWAY from the transaction and report the incident to the Department of Banking and Finance!

The Department wants to ensure that you are aware of some of the common fraud schemes that have come to our attention. Most of the fraud schemes involve variations of several of the following elements in which the “fraudsters”:

*
Induce appraisers to inflate property values in order to obtain a larger mortgage loan for the “straw borrower.”
*
Submit bogus invoices for phantom “upgrades” or “renovations” that falsely inflate the value of the property. This allows the fraudster, “straw borrower” or “investor” to obtain a larger mortgage.
*
Promise “investors” that their properties will be leased or rented and all mortgage, insurance, property tax and home owner association payments will be paid for them. In actuality, these payments are not made and there may or may not be any tenants.
*
Pay “straw borrowers” or “investors” to sign and submit documents containing false qualifying information such as false and counterfeit drivers’ licenses, pay stubs, tax returns, W-2 tax forms, rent checks, bank statements, earnest money checks, Social Security numbers, and verifications of deposit, employment, rent and mortgage.
*
Pay “straw sellers” to falsely claim ownership of a property, appear at a closing where the property is sold to “straw borrowers”, disburse the sale proceeds at the fraudsters’ direction and thereafter appear at another closing to purchase the same property at a lesser amount with a portion of the sale proceeds, a practice sometimes called “flipping.” Some flips are the same day and others within days, weeks or months.
*
Advance down payment amounts which are falsely represented as being paid by the borrower.
*
Cause “straw sellers” and “straw borrowers” to assume the identity of other people for the purpose of fraudulently obtaining mortgage loan proceeds.
*
Quit claim the property back to the seller or to a co-conspirator without notice to or permission from the lender.
*
File false satisfaction, cancellation and assignment of security deeds on a number of properties to eliminate the security interest of legitimate lenders, by either fraudulently transferring interest to a co-conspirator’s company or showing the property to be free of all mortgage liens before obtaining additional mortgage loans on the property.
*
File false and forged Quit Claim deeds transferring property from true owners to “straw sellers” and “straw borrowers”, thereby gaining control of the property to use as security for fraudulent loans.

More Information

Residential mortgage fraud continues to receive much attention and has been more prevalent in Georgia. An FBI assistant director testified that fraud is “pervasive” in the mortgage market and is growing fast. With sophisticated electronic document-preparation programs, unethical mortgage loan officers, brokers, real estate agents and lawyers can create fake FICO scores, fake tax returns, fake identities and obtain inflated appraisals. According to the FBI, based on existing investigations and mortgage fraud reporting, 80% of all reported fraud losses involve collaboration or collusion by industry insiders.

The chairman of a House financial services subcommittee cited industry studies suggesting that “between 10 and 15 percent of all home loan applications involve some fraud or misrepresentation.” The potential costs – to home buyers and mortgage lenders – could be in the billions of dollars a year. According to a recent report by the Federal Bureau of Investigation (FBI), each mortgage fraud scheme contains some type of “material misstatement, misrepresentation or omission relied upon by an underwriter or lender to fund, purchase or insure a loan.”

Frequently, mortgage fraud ends up hurting not only lenders but innocent consumers too. One mortgage company cited the following example of mortgage fraud: A first-time buyer was persuaded to purchase a property that was significantly overvalued because of a fraudulent appraisal. The seller pocketed big profits, but now the buyer is unable to refinance and unable to pay off the loan by selling the house because the property is worth less than the mortgage amount. Some possible signs of fraud in the application – unusually high FICO scores combined with high incomes, higher-than-average mortgage amounts and home values for the neighborhood. That may sound odd since all these characteristics would normally be associated with problem-free applicants. But unfortunately, the crooks know this too, and they often try to make a loan application good enough to pass cleanly through automated loan underwriting systems.

Georgia Real Estate Fraud Prevention & Awareness Coalition (GREFPAC)

The GREFPAC works to:

*
Prevent real estate and mortgage fraud;
*
Facilitate cooperation among and between industry partners, regulators and law enforcement agencies;
*
Pursue compliance with, and enforcement of, existing regulations and statutes;
*
Develop and promote industry practices and regulatory and statutory reforms that will benefit consumers and industry partners; and
*
Promote public awareness through information and education.

You will find valuable information about preventing mortgage fraud on GREFPAC’s website – http://www.grefpac.org/

Of particular interest is their “You Can Prevent Mortgage Fraud – DO’s & DON’Ts” brochure. The prevention brochure is broken down into two index cards. The brochure is provided in English and in Spanish.

For quick access to the DO’s brochure in English – http://www.grefpac.org/downloads/Do Card 5×8.doc
For quick access to the DON’Ts brochure in English – http://www.grefpac.org/downloads/Dont Card 5×8.doc
See the Spanish version of the brochure

If you suspect mortgage fraud, please go to the following page on MBA’s website to learn more about reporting procedures:
Reporting Mortgage Fraud in Georgia

You may report suspected mortgage fraud in Georgia to the Department by downloading our Reporting Mortgage Fraud form. Doe not use this form if you are a consumer with an issue or complaint regarding your own home loan.

Additional Resources for Mortgage Fraud Prevention:

Stop Mortgage Fraud website

Mortgage Asset Research Institute, Inc.

Online-Home-Mortgages.Net

Mortgage Fraud Soaring, FBI Reports

As expected in a distressed housing market, cases of mortgage fraud referred to U.S. law enforcement agencies increased 36 percent to 63,713 during fiscal year (FY) 2008, compared to 46,717 reports in FY 2007, according to a new report from the Federal Bureau of Investigation (FBI). Nationwide, lending institutions reported losses related to mortgage fraud of at least $1.4 billion, an increase of 83.4 percent from FY 2007.

According to the FBI’s 2008 Mortgage Fraud Report, mortgage fraud is a material misstatement, misrepresentation, or omissions relied upon by an underwriter or lender to fund, purchase, or insure a loan.

Commonly reported types of mortgage fraud reported included property flipping, builder-bailouts, short sales, and bogus foreclosure rescue schemes. Additionally, in response to tighter lending practices, criminals facilitated new schemes, such as reverse mortgage fraud, credit enhancements, condo conversion, loan modifications, and pump and pay, reported the FBI.

Some key findings from the 2008 Mortgage Fraud Report include:

* Foreclosure Bad News: More than 3.1 million foreclosure filings were reported nationally during FY 2008, up 81 percent from FY 2007 and 225 percent from FY 2006.
* Sixty-three percent (1,035) of all pending FBI mortgage fraud investigations during FY 2008 involved dollar losses totaling more than $1 million.
* The top 10 mortgage fraud states for 2008 were California, Illinois, Texas, Georgia, Ohio, Colorado, Maryland, Florida, Missouri, and New York.

“Mortgage fraud hurts borrowers, financial institutions, and legitimate homeowners,” said Assistant FBI Director Kevin Perkins, in a press release. “The FBI, in conjunction with our law enforcement, regulatory, and industry partners, continues to diligently pursue perpetrators of mortgage fraud schemes.”

The FBI works in conjunction with the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) to safeguard the U.S. financial system from the abuses of financial crime, including financing of terrorism. On July 7, FinCEN released its 2008 Suspicious Activity Report Review, detailing all forms of financial fraud reported to law enforcement during FY 2008.

October 18, 2010

SolomonEdwardsGroup (SEG) Announces It Has Teams Ready to Solve Robo-Signing and Other Mortgage Document Issues

SolomonEdwardsGroup, LLC (SEG), a national financial services consulting and staffing firm, today introduced a solution to the foreclosure documentation crisis centered on its team of more than 300 consultants.

The SEG consultants have hands-on experience identifying and providing remediation for significant loan documentation problems. SEG’s teams can also be rapidly deployed across the U.S., to help banks and servicers “scrub” files and determine which foreclosures may have been tainted by incorrect loan documentation and processing issues such as robo-signing. These teams are ready to be dispatched when and where needed.

SEG’s National Financial Services Practice has significant experience in reviewing, vetting, and remediating loan files as part of its mergers & acquisitions practice and as part of its work as an FDIC receivership assistance contractor. SEG regularly deploys large teams to clients that have acquired banks and portfolios filled with loans that have not been properly documented and potentially may be moving toward an improper foreclosure.

For instance on a recent engagement, SEG quickly deployed a 25-person team to review a single-family loan portfolio containing 5,000 loans and within six weeks brought the portfolio into compliance with investor guidelines. During another recent engagement, SEG successfully completed the same type of project involving 20,000 single-family loans tainted by fraud allegations.

Candace Caley, SEG partner and head of its national financial practice, said, “There is no magic bullet here. Technology and outsourcing got the industry into this situation. Only by focusing experienced, knowledgeable and competent resources on this problem can we restore confidence in the industry and the process.”

Having worked with banks, thrifts and major loan servicing providers, SEG has extensive experience dealing with large numbers of customer files and in helping develop proper controls and procedures to ensure that stringent regulatory compliance is achieved.

“Our teams not only comb through the files to identify issues, but also have the experience to know which files can be successfully salvaged and which can’t. When you’re talking about an issue as large as this, that type of efficiency is invaluable to the process,” Caley added.

About SolomonEdwardsGroup, LLC

SolomonEdwardsGroup, LLC is a national CFO services firm solving the shifting needs of CFO organizations and its professionals. SEG’s National Financial Services Practice is widely regarded for delivering talent, perspective, and action in the critical areas of regulatory compliance, credit and risk management, merger and acquisitions, accounting and back office operations, and business performance. Headquartered in Philadelphia, the firm operates offices in Atlanta, Chicago, Dallas/Fort Worth, Houston, New York/New Jersey, and Washington, D.C. Additionally, it maintains a global network of partners to serve multinational clients. For more information, visit www.solomonedwards.com.

Posted By: Ralph Roberts @ 12:18 am | | Comments (0) | Trackback |
Filed under: Bank Fraud,Mortgage Robo-Signing,SolomonEdwardsGroup

Mortgage Loan Fraud: 45% Of American Home Owners Have Been Overcharged

BEND, OR- According to government studies by the Federal Deposit Insurance Company (FDIC), the General Accounting Office (GAO) and others, mortgage loan fraud and home loan errors are costing average Americans 8 to 10 billion every year.

The most common home loan errors range from data entry and accounting errors to amortization and date errors. Some mortgage statements should be reviewed monthly while others can be checked for errors several times annually depending on the type of mortgage.

“After reading a recent study conducted by the State of New York regarding how many hard working people were being overcharged on their mortgage payments, I knew I had to help find a solution to help people recover the funds, ” said Andrew Way, Managing Director of http://www.BankBlunders.com. “I was astonished to see how many people were actually owed money by mortgage lenders. This is money they would never see unless they knew the problem existed and had access to the knowledge and the tools to fix it.”

A proprietary software package, the Refund Recovery System, was designed to scour through personal mortgage loan statements looking for errors and omissions on loans of all sizes and types. Once errors are discovered, affected homeowners are provided with the necessary forms and printouts of calculation errors to submit to lenders for instant cash recovery.

About Bank Blunders:
BankBlunders.com is dedicated to helping homeowners in the U.S. learn how to recover costs associated with mortgage loan errors and overcharging. The primary focus is using their proprietary software and educational information to search out errors in loan documents to recover any over payments due to homeowners. To learn more about mortgage loan fraud, visit www.BankBlunders.com

Posted By: Ralph Roberts @ 12:09 am | | Comments (0) | Trackback |
Filed under: Bank Foreclosure Mill,Banksters,FDIC,Mortgage Fraud,Mortgage Loan Fraud

October 17, 2010

Former CEO of Worldwide Financial Resources Pleads Guilty to Fraudulent Real Estate Loan Scheme

Former CEO of Worldwide Financial Resources Pleads Guilty to $11 Million Fraudulent Loan Scheme

TRENTON, NJ—The former CEO of Worldwide Financial Resources, a New Jersey-based mortgage origination firm, pled guilty today to wire fraud in connection with an $11 million fraudulent loan scheme, U.S. Attorney Paul J. Fishman announced. David Findel, 45, of Monmouth County, N.J., entered his guilty plea before U.S. District Court Judge Peter G. Sheridan to an information charging him with wire fraud.

According to the information to which Findel pleaded guilty and statements made in Trenton, N.J., federal court, Findel is the former CEO of Worldwide Financial Resources, which was in the business of originating residential home loans. Worldwide worked with borrowers to prepare mortgage applications and qualify the borrowers for home mortgages. Although Worldwide would originate the mortgage loans, after origination, Worldwide would re-sell the loans to another financial institution in the secondary mortgage marketplace.

Findel admitted that he prepared and sold fake mortgage loans from 2008 through September 2009. Specifically, after Worldwide had originated a mortgage loan and sold that loan to a third-party lender, Findel would create a second set of fraudulent loan documents for the same property. He would then sell the second set of fraudulent loan documents to another third-party lender, even though the actual mortgage loan for that property already had been sold. As a result of these fake mortgage loans, Findel received more than $11 million in illicit proceeds, which he used, in part, to maintain his lavish lifestyle—including his multi-million-dollar home in Colts Neck, N.J., exotic travel and exclusive seating at a major New Jersey professional sports arena.
The count of wire fraud to which Findel pleaded guilty carries a maximum penalty of 20 years in prison and a fine of $250,000, or twice the aggregate loss to the victims or gain to Findel. Sentencing is scheduled for Jan. 18, 2011.

U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Michael B. Ward, in Newark, N.J., with the investigation that resulted in today’s guilty plea.

The government is represented by Assistant U.S. Attorney Christopher J. Kelly of the U.S. Attorney’s Office Criminal Division in Newark.
This case was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.

Wolcott Man Admits Participating in Scheme that Defrauded Webster Bank of Millions

David B. Fein, United States Attorney for the District of Connecticut, today announced that KEVIN W. CAFFREY, 45, of Wolcott, pleaded guilty yesterday, October 14, before United States District Judge Janet C. Hall in Bridgeport to one count of bank fraud and one count of filing a false tax return. The charges stem from CAFFREY’s role in a scheme that defrauded Webster Bank of nearly $6.2 million.
According to court documents and statements made in court, between approximately May 2000 and May 2006, CAFFREY was married to an individual who worked at Webster Bank in the Property Services Division. The Property Services Division was responsible for, among other things, the acquisition and leasing of properties for Webster Bank’s Retail Banking business. In 2002, CAFFREY and others formed New House LLC and registered the limited liability company with the Connecticut Secretary of State’s Office. The only listed member for New House was CAFFREY and its business address was 272 Hauser Street in Waterbury, a property owned by CAFFREY or his mother since the 1960s.
As part of a scheme to defraud Webster Bank, CAFFREY and others falsely represented to Webster Bank’s Vendor Management Department that New House LLC was a legitimate company entitled to certain fees because of real estate transactions entered into by the bank. In fact, New House LLC was a sham company that never acted as a broker or landlord in any real estate transactions and, between 2002 and at least 2008, CAFFREY and others executed a fraudulent scheme that caused Webster Bank to make payments to New House LLC. Between June 2002 and December 2007, CAFFREY and others submitted paperwork that falsely represented New House LLC was due a commission from numerous Webster Bank real estate transactions, causing Webster Bank to make approximately 90 payments totaling nearly $4.3 million to CAFFREY and others. As part of the scheme, CAFFREY had possession over the checkbook for New House LLC’s bank account, was aware of the fraudulent deposits made to the bank account and was involved in the disbursement of funds from the bank account to himself and others.
The government has alleged that the scheme continued from January 2009 to January 2010 without CAFFREY’s participation.
CAFFREY argues that the total amount of the fraud that should be attributed to him is $1,073,064.90 and the government takes the position that he is responsible for the full amount of the fraud involving New House LLC, which is approximately $4.3 million.
CAFFREY did not file federal tax returns on behalf of New House LLC, and failed to report the proceeds of the fraud on his personal federal tax returns. In the 2005 through 2008 tax years, CAFFREY failed to report more than $353,000 in income, resulting in a tax loss to the government of $90,054.
Judge Hall has scheduled sentencing for January 18, 2011, at which time CAFFREY faces a maximum term of imprisonment of 33 years and a fine of up to approximately $2 million. CAFFREY also will be ordered to resolve his tax liability with the Internal Revenue Service, including the payment of applicable interest and penalties.
This matter is being investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation. The case is being prosecuted by Assistant United States Attorney Nora R. Dannehy.

Posted By: Ralph Roberts @ 12:28 am | | Comments (0) | Trackback |
Filed under: Bank Fraud,Connecticut,New House LLC,Real Estate Fraud,Wire Fraud

October 16, 2010

Chief Operating Officer of Money Service Company Guilty in Defrauding Banks, Retailers, Hospitals, and Universities

Chief Operating Officer of Money Service Company Pleads Guilty in Manhattan Federal Court to Defrauding Banks, Retailers, Hospitals, and Universities Out of Over $50 Million

PREET BHARARA, the United States Attorney for the Southern District of New York, announced that BERNARD McGARRY, the Chief Operating Officer of Mount Vernon Money Center (“MVMC”), pled guilty yesterday to defrauding MVMC clients, including banks that had received TARP funds, universities, and hospitals, out of over $50 million that had been entrusted to MVMC. McGARRY pled guilty to one count of conspiracy to commit bank and wire fraud and six counts of bank fraud before U.S. District Judge JOHN F. KEENAN in Manhattan federal court.
MVMC’s former President, ROBERT EGAN, pled guilty to the same charges in connection with his role in the scheme on September 15, 2010. According to the Indictment and statements made during various proceedings in this case:
MVMC engaged in various cash management businesses, including replenishing cash in over 5,300 Automated Teller Machines (“ATMs”) owned by banks and other financial institutions. In addition, MVMC provided armored car services to banks, financial institutions, and retailers, through a subsidiary called Armored Money Services (“AMS”). MVMC also provided payroll services to various employers, including hospitals and universities, which permitted employees to cash their paychecks on their employers’ premises. In connection with these businesses, MVMC owned and operated several cash vaults, in which MVMC and its affiliated businesses stored and processed cash collected from and distributed to its clients, and other cash depositories such as the Federal Reserve Bank.
From 2005 through February 2010, McGARRY and EGAN, solicited and collected hundreds of millions of dollars from MVMC’s clients, based in part on the representations that they would not commingle clients’ funds or use the funds for purposes other than those specified in the various contracts between MVMC and its clients. In fact, these representations were false, and EGAN and McGARRY misappropriated tens of millions of dollars of MVMC’s clients’ funds.
The defendants engaged in a practice known as “playing the float.” More specifically, MVMC was entrusted on a weekly basis to hold tens of millions of dollars for its clients for specific business purposes for a specified period of time. Relying upon the continual influx of funds, EGAN and McGARRY misappropriated the clients’ funds for their and MVMC’s own use, to cover operating expenses of the MVMC operating entities, to repay prior obligations to clients, and for their own personal enrichment.
Furthermore, in connection with MVMC’s ATM replenishment business, and in violation of MVMC’s contractual obligations, MVMC commingled different banks’ and other clients’ money in its vaults and bank accounts. Instead of segregating cash for each of its clients, MVMC personnel, acting at the direction of EGAN and McGARRY, diverted whatever cash arrived in the vault, regardless of its source, to replenish ATMs. McGARRY maintained control over MVMC’s bank accounts, and transferred funds between and among MVMC’s businesses in order to cover operating losses or to repay client obligations.
In February 2010, as a result of the fraudulent commingling and misappropriation of customer funds described above, though MVMC had been entrusted with approximately $70 to $75 million by its clients, it only held approximately $20 to $25 million in cash in its vaults and bank accounts. During his guilty plea, McGARRY admitted that he and EGAN “played the float” and that they used customer money to cover operating shortfalls in the business, in violation of contractual obligations to keep their customers’ money segregated.
Following EGAN’s arrest in February 2010, the U.S. Attorney’s Office for the Southern District of New York obtained an Order from U.S. District Judge RICHARD M. BERMAN, placing MVMC in receivership. As a result, a court-appointed receiver now administers the day-to-day business of MVMC, including administering claims by victims of the fraud.
McGARRY, 50, of Yonkers, New York, faces a maximum penalty of 210 years in prison and a maximum fine of over $100 million.
Manhattan U.S. Attorney PREET BHARARA stated: “Bernard McGarry’s betrayal of his clients’ trust was particularly egregious, given who they were—health care and educational institutions and banks receiving taxpayer funds. His plea comes on the heels of the guilty plea of his co-conspirator, former MVMC President Robert Egan. This successful prosecution underscores our commitment to rooting out corruption in the financial services industry along with our law enforcement partners.”
Mr. BHARARA praised the investigative work of the FBI and SIGTARP and added that the investigation is continuing.
This case was brought in coordination with President BARACK OBAMA’s Financial Fraud Enforcement Task Force, on which Mr. BHARARA serves as Co-Chair of the Securities and Commodities Fraud Working Group and SIGTARP Special Inspector General NEIL M. BAROFSKY serves as Co-Chair of the Rescue Fraud Working Group. President OBAMA established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
If you believe you were a victim of this crime, including a victim entitled to restitution, and you wish to provide information to law enforcement and/or receive notice of future developments in the case or additional information, please contact Wendy Olsen-Clancy, the Victim Witness Coordinator at the United States Attorney’s Office for the Southern District of New York, at (866) 874-8900 or Wendy.Olsen@usdoj.gov. For additional information, go to: http://www.usdoj.gov/usao/nys/victimwitness.html on the Internet.
This matter is being handled by the Office’s Complex Frauds Unit. Assistant U.S. Attorneys ANTONIA M. APPS and ANNA E. ARREOLA are in charge of the prosecution.

Posted By: Ralph Roberts @ 12:16 am | | Comments (0) | Trackback |
Filed under: Bank Fraud,Mortgage Fraud,Mortgage Fraud Scheme,New York,Playing the Float

Northern Virginia Couple Indicted for Conspiracy, Bank Fraud and Tax Evasion

WASHINGTON – A federal grand jury in Alexandria, Va., returned an indictment against a married couple from Fairfax Station, Va., for conspiracy, bank fraud and tax evasion, the Justice Department today announced.

According to the indictment, Kevin and LuAnn Shaffer were co-owners of a Manassas, Va.,-based consulting business named Matrix-DSS. From 2003 to 2006, the indictment alleges that the couple conspired to defraud four separate banks, including attempting to secure approximately $5.6 million from one bank for a home loan. The Shaffers are accused of submitting false information to their lenders that overstated their assets and made other material misrepresentations, including inflated 401(k) account balances, false W-2 forms, false pay stubs and false wage information.

In addition, the couple are charged with four counts of tax evasion for allegedly failing to make an income tax return for the calendar years 2005 to 2007 and for understating their taxable income in 2004 by more than $380,000.

Finally, Kevin Shaffer is also accused of failing to account for and pay over to the IRS more than $200,000 in federal taxes that he withheld from the paychecks of Matrix DSS employees from July 1, 2006, to Jan. 31, 2008.

The 12-count indictment, which was unsealed today, was announced by John A. DiCicco, Acting Assistant Attorney General for the Department of Justice, Tax Division; U.S. Attorney Neil H. MacBride of the Eastern District of Virginia; and Rebecca A. Sparkman, Special Agent in Charge of the Internal Revenue Service (IRS) Criminal Investigation’s Washington, D.C., Field Office.

The case is being investigated by the IRS Criminal Investigation Office and U.S. Secret Service. Trial Attorney Tracy L. Gostyla from the department’s Tax Division and Assistant U.S. Attorney Charles F. Connolly from the Eastern District of Virginia are prosecuting the case on behalf of the United States.

Posted By: Ralph Roberts @ 12:10 am | | Comments (0) | Trackback |
Filed under: Bank Fraud,Financial Fraud,Loan Fraud,Mortgage Fraud,Tax Evasion

October 15, 2010

Former Bank Branch Manager Charged in Mortgage Scam

BOSTON, MA—A former Bank of America branch manager was charged today in federal court with wire fraud and bank fraud for his role in connection with a multi-year, multiproperty mortgage fraud scheme in Dorchester and Roxbury.
ARTHUR SAMUELS, 36, of Mattapan, was charged in an Indictment with six counts of wire fraud and one count of bank fraud. The Indictment alleges that from September 2006 to July 2008, SAMUELS and others committed fraud in connection with the purported sale of condominium units in Dorchester. According to the charges, developer Michael David Scott arranged to purchase multi-family dwellings and then sold individual units in the buildings to straw buyers recruited by Scott, SAMUELS, and others. The straw buyers’ financing for the purchases was obtained by submitting mortgage loan applications that falsely represented key information, such as the buyers’ assets, down payment and intention to reside in the condominiums. SAMUELS also caused false verifications of deposit to be created in support of loan applications submitted to lenders in the names of straw buyers, and acted as a straw buyer himself on three property transactions. In most instances the lenders were led to believe that the straw buyers had made substantial down payments and paid substantial sums at closings.
If convicted, SAMUELS faces up to 20 years’ imprisonment to be followed by three years of supervised release and a $250,000 fine for each count of wire fraud, and up to 30 years imprisonment to be followed by five years of supervised release and a fine of $1 million for bank fraud.
United States Attorney Carmen M. Ortiz, Richard DesLauriers, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, and William P. Offord, Special Agent in Charge of Internal Revenue Service Criminal Investigation – Boston Field Division made the announcement today. The case is being prosecuted by Assistant U.S. Attorneys Victor A. Wild and Ryan M. DiSantis of Ortiz’s Economic Crimes Unit.
The details contained in the Indictment are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Mortgage fraud is a key focus of the Department of Justice. The Department of Justice alongside its federal, state and local partners is committed to investigating and prosecuting significant financial crimes. The Department is committed to combating discrimination and fraud in the lending and financial markets, and recovering proceeds for victims of financial crimes.

Leader of Property-Flipping Scheme and Husband Sentenced in Family Scheme to Conceal Millions in Profits From the Purchase and Sale of Foreclosed Properties

Concealed from IRS Millions of Dollars of Profits Made from “Flipping” Hundreds of Properties Bought at Foreclosure Auctions

GREENBELT, MD—Chief U.S. District Judge Deborah K. Chasanow sentenced Minh-Vu Hoang, age 58, of Bethesda, Maryland, today to five years in prison followed by three years of supervised release for conspiracy to defraud the Internal Revenue Service and the U.S. Bankruptcy Trustee in connection with a scheme to conceal millions in profits earned from the purchase and sale of hundreds of foreclosure properties. Judge Chasanow also sentenced her husband Thanh Hoang, age 65, also of Bethesda, to a year and a day in prison followed by two years of supervised release for conspiracy to impede the IRS in connection with his role in the scheme.
The sentences were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Rebecca Sparkman of the Internal Revenue Service – Criminal Investigation; Montgomery County State’s Attorney John McCarthy; and Special Agent in Charge Richard McFeely of the Federal Bureau of Investigation.
“This was a transparent scheme to defraud the United States,” stated Rebecca Sparkman, Internal Revenue Service-Criminal Investigation Special Agent in Charge, Washington, D.C. Field Office. “The IRS-Criminal Investigation is proud to be part of the law enforcement team that is having an impact on this criminal activity.”
According to their plea agreements, the Hoangs and other family members purchased property at foreclosure auctions beginning in 1999, and resold some of the properties at a profit. The Hoangs and others deposited and withdrew money from an escrow account for the purchase and sale of properties, and transferred money from the escrow account to business entities they controlled in order to conceal their financial interests in the properties. From 2000 to 2005, the Hoangs and others purchased and sold hundreds of foreclosure properties using the names of their agents or business entities to conceal their involvement in the purchase and sale of the properties, and thereby avoid taxes.
On May 10, 2005, Minh-Vu Hoang filed for bankruptcy in Maryland. She filed several false schedules and a false statement of financial affairs with the bankruptcy court in support of her bankruptcy petition in which she: reported a financial interest in only six properties, knowing that she had an interest in other properties; substantially under-reported the income she earned in 2003 and 2004; and failed to report her interest in various bank accounts.
The court determined today that the tax loss from the fraud was between $2.5 and $7 million. Because the bankruptcy proceedings are ongoing, the court made no separate determination of the bankruptcy loss.
United States Attorney Rod J. Rosenstein thanked the IRS – Criminal Investigation; Special Investigator Daniel N. Wortman of the Montgomery County State’s Attorney’s Office; the Federal Bureau of Investigation and the Greenbelt Office of the United States Trustee Program, the Department of Justice agency that supervises bankruptcy cases and trustees, for their work in this investigation and prosecution. Mr. Rosenstein commended Assistant United States Attorneys David I. Salem and Emily N. Glatfelter, who prosecuted the case.

Posted By: Ralph Roberts @ 12:04 am | | Comments (0) | Trackback |
Filed under: Flipping Scam,Foreclosure,Tax Evasion

October 14, 2010

Nine Sentenced in Alaska’s Largest Mortgage Fraud Investigation

ANCHORAGE, AK—United States Attorney Karen L. Loeffler announced that on August 21, 2009, lead defendant Lance Lockard was sentenced to 70 months in prison for his leadership of a large-scale mortgage fraud scheme.
Lockard was the ninth and last defendant to be sentenced for his role in the largest mortgage fraud investigation in Alaska’s history. In total, nine individuals and one corporate defendant were convicted and sentenced for their roles in a widespread, three-year long scheme to defraud some 13 mortgage lenders and banks in 57 different loan transactions netting over $1,700,000 in profits and over $2.5 million in losses to the financial institutions. United States District Court Judge Ralph Beistline, who presided over the case, sentenced the nine defendants to a total of 14 and ½ years of imprisonment, and imposed fines of over $90,000 and restitution of over $2.5 million dollars.
The defendants convicted as a result of the scheme are: Lance Lockard, of Anchorage, age 34, Gary Paterna, of Anchorage, age 62, Charles Carlson, of Anchorage, age 74, Holli Stroud, of Chugiak, age 30, Jonathan Ruf, of Anchorage, age 33, Keith Facer, of Anchorage, age 41, Don Murray, of Anchorage, age 35, Cerise Sanders, of Anchorage, age 31, and Alaska State Mortgage Company, Inc., of Anchorage.
Lockard, a licensed real estate investor and the lead defendant pled to 64 counts and was sentenced to 70 months and ordered to pay 2.5 million in restitution. Lockard also admitted the forfeiture allegation in an additional count, forfeiting his interest in $116,000 held in an investment account under his name. Charles Carlson, a licensed real estate appraiser, was sentenced on July 11, 2009, to 24 months and to pay restitution of $2,360,185. Holli Stroud, a title company loan closer, was sentenced on June 25, 2009, to 18 months and to pay restitution of $403,733.60. Keith Facer, a licensed real estate agent, was sentenced on May 29, 2009, to 16 months and to pay restitution of $221,065.24. Don Murray, a licensed real estate agent, was sentenced on May 19, 2009, to 21 months and pay restitution of $493,868.77. Cerise Sanders, a loan originator, was sentenced on May 19, 2009, to 12 months and one day. Jonathan Ruf, was sentenced on May 28, 2009, to 12 months and one day and to pay restitution of $1,066.390. Gary Paterna. Mr. Lockard’s father-in-law, was sentenced on May 18, 2009, to three days in jail and pay restitution of $1,162,884.86. Alaska State Mortgage, a local mortgage company, was sentenced on May 13, 2009, to a fine of $91,478.53. The defendants pled to a total of 64 counts charging conspiracy, wire fraud, bank fraud, and false statements to a financial institution.
The pleas and sentencing bring to a close the largest mortgage fraud scheme ever prosecuted in the District of Alaska. The fraud was perpetrated by professionals in all areas of the real estate industry. Between on or about December 23, 2003, and May 31, 2006, Lockard and his co-defendants arranged to purchase and sell real estate in Alaska, and to obtain mortgage loans for the purchase and sale of that real estate, through a series of fraudlent schemes that relied upon false and fraudulent statements, inflated appraisals, falsified down payments, nominee borrowers and purchasers, hidden cash-back payments and other improper practices that concealed the true details of the financial transactions from the mortgage lenders involved. The effect and result of this conduct was to transfer the investment risk from Lockard and the other co-conspirators to the mortgage lenders and to provide inflated profit and fraudulently obtained loan funds to Lockard and the other co-conspirators. The charges in the indictment to which the defendants pled guilty outlined a total of five separate schemes, involving properties in numerous Anchorage subdivisions, and two large undeveloped properties in the Talkeetna area.
According to the indictment, in the first scheme, Lockard, Paterna, his father-in-law, Carlson, the appraiser and Stroud, the loan closer, arranged for fraudulent loan documentation on the purchase of 10 properties. The indictment alleges that Lockard arranged for the simultaneous purchase and sale of the properties using Paterna as a nominee purchaser and that Carlson inflated the appraisals of the properties with Stroud falsifying the closing documents to conceal the fact that no down payments had been made.
The second scheme in the indictment charges that Lockard and Ruf with the aid of Carlson, Stroud and Cerise Sanders, and Alaska State Mortgage Company as loan originators arranged for Ruf, acting as a nominee for Lockard, to purchase13 separate properties on the same day, with all purchases fraudulently listed as purchases of his primary residence by Sanders and McCready acting for Alaska State Mortgage. According to the indictment, Carlson and Stroud, as in scheme one, inflated the appraisals and falsified loan closing paperwork. The indictment further alleges that the defendants, acting on behalf of Lockard sold the properties obtained through the fraudulent loans listed in schemes one and two to third-party buyers using further inflated appraisals provided by Carlson and illegal cash-back payments to the buyers aided by real estate agents Keith Facer and Don Murray to induce them to purchase the overpriced properties.
The indictment further alleges that Lockard, Stroud, Carlson, Ruf and Paterna engaged in similar fraud involving two other property purchases. It charges that Stroud and Lockard with the aid of an inflated appraisal provided by Carlson, arranged for Stroud to purchase a property with a falsified down payment. It further charges that Lockard, Paterna, Carlson, Stroud and Ruf again used nominees and falsified loan paperwork in a purchase financed by FNBA. Finally, the indictment alleges that Lockard engaged in a “bust out” scheme by purchasing properties with the aid of Paterna, Ruf and Carlson, at inflated prices with the purpose of taking the loan proceeds and defaulting immediately on the loans.
At Friday’s sentencing hearing, Judge Beistline concluded that Lockard was an organizer and leader of the criminal activity, that he had fraudeulently obtained more than $1 million in gross proceeds from the First National Bank of Alaska, and that his crimes caused total losses of approximately $2.5 million dollars. Judge Beistline commented that Mr. Lockard’s crimes were motivated by greed and had an impact on our community. In addition to the financial institutions that were defrauded, one of the individual victims testified at setencing about his personal financial losses, and his struggles to pay the mortgages on three duplexes he had unwittingly purchased for grossly inflated prices. Judge Besitline admonished that there was “no excuse for lying and deception, and no excuse for breaking the law,” and that Mr. Lockard was going to have to “face the consequences of the very poor choices he made.”
United States Attorney Karen L. Loeffler noted that these convictions and sentences point out the vast harm that can be done to an industry and the public when a handful of dishonest individuals are willing to falsify the documents and information on which the mortgage market relies.
Ms. Loeffler also commended the diligent and extensive investigation by special agents of the Federal Bureau of Investigation for their investigation that lead to this result.

International Finance Agencies Hold Strange Debate at Annual Meetings

There was a strange debate about financial regulation in connection with various annual meetings of the international finance bodies in Washington, D.C. this weekend. The nominal debate was between the supposed hawks and doves on regulatory capital requirements. The most vocal doves spoke at the Institute of International Financial (IIF) meeting. Joseph Ackermann, Deutsche Bank’s CEO, is the IIF chairman. Germany, of course, at the behest of its banks, led the opposition within the Basel III process to raising capital requirements. Germany prevailed in the Basel III process, leading to a lengthy delay (until 2019) in returning nominal capital requirements to pre-Basel II levels.

(Basel II reduced capital requirements in Europe to farcical levels. Even those levels were fictional because most large banks massively overvalued their mortgage assets.)

Ackermann decried proposals to require systemically dangerous institutions (SDIs) to hold additional capital and proposals to speed up Basel III’s proposed increases in nominal capital levels. He argued that Lehman’s failure proved that interconnectedness, not simply size, contributed to causing global systemic risk. That is true, but his argument strongly supports requiring the SDIs to shrink to a level at which they would no longer pose systemic risks.

IIF released an interim study in June 2010 claiming that Basel III’s higher capital requirements would reduce signatory nations’ GDP by three percent. These studies are easy to create. If one assumes (1) that banks will be (really) profitable (as opposed to creating fictional accounting income and real losses) and (2) that the banks’ incentives and real successes will be unaffected by even exceptional leverage, then it follows that the greater the leverage the greater the bank lending and profitability. If one then assumes that greater bank loans will fund productive investments, thereby causing greater real growth (as opposed to inflating asset bubbles, which reduce real growth) and that this relationship is continuous (e.g., the more commercial real estate we finance in Atlanta the faster Atlanta’s economy will grow — forever), then extraordinary bank leverage must expand GDP. The optimal bank capital requirement is no requirement. None of these assumptions, conclusions, or predictions is valid, and we have just seen that the opposite can be true, but theoclassical economists’ dogmas have proven impervious to reality.

The capital hawks promptly responded to Ackermann. Kansas City Federal Reserve Bank President Thomas Hoenig argued that higher bank capital requirements were necessary for sustained economic growth. Hoenig’s remarks took aim at the central premise of self-regulation by markets – the concept of “private market discipline.”

“It [the markets] didn’t, it can’t and it won’t, [self-regulate]. The industry’s structure and incentives are now inconsistent with the market being the disciplinarian.”

The problem with this debate is that it has little to do with reality. The banking industry, in alliance with the U.S. Chamber of Commerce, with Bernanke’s blessings (and with no opposition from the Obama administration), succeeded in using Congress to extort FASB to change the accounting rules so that banks do not have to recognize their real estate losses until they sell their bad assets. This makes the entire debate about nominal capital requirement surreal. Capital requirements are accounting concepts. If you pervert the accounting rules you render the capital requirements meaningless. This was done deliberately to subvert the Prompt Corrective Action law and to allow the continued payment of bonuses to bank senior officers. There is no meaningful capital requirement for the SDIs with enormous holdings of toxic mortgage assets.

The Fed’s “stress tests” deliberately ignored the losses on these assets. There are no real hawks at the Fed on capital requirements. Not a single senior Fed supervisor has the spine to even find the truth, much less close an insolvent SDI. Bernanke’s claim that they would have placed the huge, insolvent investment banks in receivership in 2008 if the Fed had possessed such resolution authority is preposterous. The banking regulators had ample authority to place insolvent federally insured banks that were SDIs in receivership but lacked the courage and integrity to do so.

The housing market stalled in mid-2006 and the uninsured mortgage bankers began failing in late 2006. The secondary market in nonprime mortgages collapsed in spring 2007. Years later, we have covered up the causes and extent of the crisis. This must end. GMAC’s, Fannie’s, and Freddie’s managers, the Federal Housing Finance Agency (FHFA), and the GAO should conduct three studies using data available at those enterprises and the Fed.

First, what is best estimate of the market value losses on liar’s loans, subprime loans, and CDOs held by Fannie, Freddie, and as collateral by the Fed? To what extent have those losses been recognized by the entities holding the assets? To what extent are Fannie, Freddie, and the Fed under collateralized? The Fed should demand additional collateral to ensure that it is not exposed to any loan losses.

Second, examine a sample of those assets’ loan and servicing files to determine the incidence of likely fraud that can be spotted simply through file reviews. This second study should determine the lender on each fraudulent loan and the professionals involved (e.g., the investment bankers that created the CDOs, the appraiser, the outside auditor, and the rating agency). This list should be used to prioritize administrative, civil, and criminal investigations. The list of likely fraudulent loans should be cross checked against list of criminal and SEC referrals to determine which entities are failing to make referrals. The GAO should formally alert the relevant regulatory agencies about which entities are not making adequate referrals. The entities conducting the study should make criminal and SEC referrals where others have failed to do so. Fannie and Freddie should be directed by FHFA to put back fraudulent mortgages to the lenders/CDO packagers.

Third, review the loan and servicing files of a sample of GMAC’s mortgage servicing portfolio and its foreclosures during the first half of 2010. Determine the extent of likely mortgage fraud for the mortgages serviced by GMAC (and follow the steps recommended above). Determine the extent of GMAC files that lack adequate documentation to ensure the ability to conduct a valid foreclosure. Review a sample of the loan and servicing files for mortgage instruments that the Fed has taken as collateral. Determine the extent to which the file deficiencies would pose difficulties for the Fed if it sought to foreclose on mortgage assets it holds as collateral. Review a sample of GMAC foreclosures to determine the extent to which such foreclosures were invalid, unethical, or unlawful because of defects in the files or foreclosure processes used by GMAC or its agents. If the sample reveals material problems direct GMAC to cure any defects or abuses.

The fact that four years after the onset of greatest financial crisis of our lives neither the industry nor the regulators have systematically studied these basic facts essential to addressing this crisis and avoiding future crises is a demonstration of how destructive the cover up has been. We should not be forced to spell out and mandate the studies that any competent, honest decision maker would have begun nearly four years ago. The fact that Treasury Secretary Geithner, a co-architect of the cover up (with Paulson and Bernanke), is engaged in a successful propaganda campaign premised on the facially absurd claim that the entire banking crisis was resolved at a taxpayer cost of roughly $50 billion is a testament to the continued debasement of not only the Department of the Treasury, but also too much of the financial press.

Bill Black is the author of The Best Way to Rob a Bank is to Own One and an associate professor of economics and law at the University of Missouri-Kansas City. He spent years working on regulatory policy and fraud prevention as Executive Director of the Institute for Fraud Prevention, Litigation Director of the Federal Home Loan Bank Board and Deputy Director of the National Commission on Financial Institution Reform, Recovery and Enforcement, among other positions.

Bill writes a column for Benzinga every Monday. His other academic articles, congressional testimony, and musings about the financial crisis can be found at his Social Science Research Network author page and at the blog New Economic Perspectives.

October 13, 2010

FBI investigates and tips to help prevent you from being victimized

Redemption / Strawman / Bond Fraud

Proponents of this scheme claim that the U.S. government or the Treasury Department control bank accounts—often referred to as “U.S. Treasury Direct Accounts”—for all U.S. citizens that can be accessed by submitting paperwork with state and federal authorities. Individuals promoting this scam frequently cite various discredited legal theories and may refer to the scheme as “Redemption,” “Strawman,” or “Acceptance for Value.” Trainers and websites will often charge large fees for “kits” that teach individuals how to perpetrate this scheme. They will often imply that others have had great success in discharging debt and purchasing merchandise such as cars and homes. Failures to implement the scheme successfully are attributed to individuals not following instructions in a specific order or not filing paperwork at correct times.

This scheme predominately uses fraudulent financial documents that appear to be legitimate. These documents are frequently referred to as “bills of exchange,” “promissory bonds,” “indemnity bonds,” “offset bonds,” “sight drafts,” or “comptrollers warrants.” In addition, other official documents are used outside of their intended purpose, like IRS forms 1099, 1099-OID, and 8300. This scheme frequently intermingles legal and pseudo legal terminology in order to appear lawful. Notaries may be used in an attempt to make the fraud appear legitimate. Often, victims of the scheme are instructed to address their paperwork to the U.S. Secretary of the Treasury.

Tips for Avoiding Redemption/Strawman/Bond Fraud:

* Be wary of individuals or groups selling kits that they claim will inform you on to access secret bank accounts.
* Be wary of individuals or groups proclaiming that paying federal and/or state income tax is not necessary.
* Do not believe that the U.S. Treasury controls bank accounts for all citizens.
* Be skeptical of individuals advocating that speeding tickets, summons, bills, tax notifications, or similar documents can be resolved by writing “acceptance for value” on them.
* If you know of anyone advocating the use of property liens to coerce acceptance of this scheme, contact your local FBI office.

Advance Fee Schemes

An advance fee scheme occurs when the victim pays money to someone in anticipation of receiving something of greater value—such as a loan, contract, investment, or gift—and then receives little or nothing in return.

The variety of advance fee schemes is limited only by the imagination of the con artists who offer them. They may involve the sale of products or services, the offering of investments, lottery winnings, “found money,” or many other “opportunities.” Clever con artists will offer to find financing arrangements for their clients who pay a “finder’s fee” in advance. They require their clients to sign contracts in which they agree to pay the fee when they are introduced to the financing source. Victims often learn that they are ineligible for financing only after they have paid the “finder” according to the contract. Such agreements may be legal unless it can be shown that the “finder” never had the intention or the ability to provide financing for the victims.

Tips for Avoiding Advanced Fee Schemes:

If the offer of an “opportunity” appears too good to be true, it probably is. Follow common business practice. For example, legitimate business is rarely conducted in cash on a street corner.

* Know who you are dealing with. If you have not heard of a person or company that you intend to do business with, learn more about them. Depending on the amount of money that you plan on spending, you may want to visit the business location, check with the Better Business Bureau, or consult with your bank, an attorney, or the police.
* Make sure you fully understand any business agreement that you enter into. If the terms are complex, have them reviewed by a competent attorney.
* Be wary of businesses that operate out of post office boxes or mail drops and do not have a street address. Also be suspicious when dealing with persons who do not have a direct telephone line and who are never in when you call, but always return your call later.
* Be wary of business deals that require you to sign nondisclosure or non-circumvention agreements that are designed to prevent you from independently verifying the bona fides of the people with whom you intend to do business. Con artists often use non-circumvention agreements to threaten their victims with civil suit if they report their losses to law enforcement.

For more information:
- Work-at-Home Advance Fee Scheme
- Cancer Research Advance Fee Scheme

Identity Theft

Identity theft occurs when someone assumes your identity to perform a fraud or other criminal act. Criminals can get the information they need to assume your identity from a variety of sources, including by stealing your wallet, rifling through your trash, or by compromising your credit or bank information. They may approach you in person, by telephone, or on the Internet and ask you for the information.

The sources of information about you are so numerous that you cannot prevent the theft of your identity. But you can minimize your risk of loss by following a few simple hints.

Tips for Avoiding Identity Theft:

* Never throw away ATM receipts, credit statements, credit cards, or bank statements in a usable form.
* Never give your credit card number over the telephone unless you make the call.
* Reconcile your bank account monthly, and notify your bank of discrepancies immediately.
* Keep a list of telephone numbers to call to report the loss or theft of your wallet, credit cards, etc.
* Report unauthorized financial transactions to your bank, credit card company, and the police as soon as you detect them.
* Review a copy of your credit report at least once each year. Notify the credit bureau in writing of any questionable entries and follow through until they are explained or removed.
* If your identity has been assumed, ask the credit bureau to print a statement to that effect in your credit report.
* If you know of anyone who receives mail from credit card companies or banks in the names of others, report it to local or federal law enforcement authorities.

Investment-Related Scams

Letter of Credit Fraud

Legitimate letters of credit are never sold or offered as investments. They are issued by banks to ensure payment for goods shipped in connection with international trade. Payment on a letter of credit generally requires that the paying bank receive documentation certifying that the goods ordered have been shipped and are en route to their intended destination. Letters of credit frauds are often attempted against banks by providing false documentation to show that goods were shipped when, in fact, no goods or inferior goods were shipped.

Other letter of credit frauds occur when con artists offer a “letter of credit” or “bank guarantee” as an investment wherein the investor is promised huge interest rates on the order of 100 to 300 percent annually. Such investment “opportunities” simply do not exist. (See Prime Bank Notes for additional information.)

Tips for Avoiding Letter of Credit Fraud:

* If an “opportunity” appears too good to be true, it probably is.
* Do not invest in anything unless you understand the deal. Con artists rely on complex transactions and faulty logic to “explain” fraudulent investment schemes.
* Do not invest or attempt to “purchase” a “letter of credit.” Such investments simply do not exist.
* Be wary of any investment that offers the promise of extremely high yields.
* Independently verify the terms of any investment that you intend to make, including the parties involved and the nature of the investment.

Prime Bank Note Fraud

International fraud artists have invented an investment scheme that supposedly offers extremely high yields in a relatively short period of time. In this scheme, they claim to have access to “bank guarantees” that they can buy at a discount and sell at a premium. By reselling the “bank guarantees” several times, they claim to be able to produce exceptional returns on investment. For example, if $10 million worth of “bank guarantees” can be sold at a two percent profit on 10 separate occasions—or “traunches”—the seller would receive a 20 percent profit. Such a scheme is often referred to as a “roll program.”

To make their schemes more enticing, con artists often refer to the “guarantees” as being issued by the world’s “prime banks,” hence the term “prime bank guarantees.” Other official sounding terms are also used, such as “prime bank notes” and “prime bank debentures.” Legal documents associated with such schemes often require the victim to enter into non-disclosure and non-circumvention agreements, offer returns on investment in “a year and a day”, and claim to use forms required by the International Chamber of Commerce (ICC). In fact, the ICC has issued a warning to all potential investors that no such investments exist.

The purpose of these frauds is generally to encourage the victim to send money to a foreign bank, where it is eventually transferred to an off-shore account in the control of the con artist. From there, the victim’s money is used for the perpetrator’s personal expenses or is laundered in an effort to make it disappear.

While foreign banks use instruments called “bank guarantees” in the same manner that U.S. banks use letters of credit to insure payment for goods in international trade, such bank guarantees are never traded or sold on any kind of market.

Tips for Avoiding Prime Bank Note Fraud:

* Think before you invest in anything. Be wary of an investment in any scheme, referred to as a “roll program,” that offers unusually high yields by buying and selling anything issued by “prime banks.”
* As with any investment, perform due diligence. Independently verify the identity of the people involved, the veracity of the deal, and the existence of the security in which you plan to invest.
* Be wary of business deals that require non-disclosure or non-circumvention agreements that are designed to prevent you from independently verifying information about the investment.

“Ponzi’ Schemes

“Ponzi” schemes promise high financial returns or dividends not available through traditional investments. Instead of investing the funds of victims, however, the con artist pays “dividends” to initial investors using the funds of subsequent investors. The scheme generally falls apart when the operator flees with all of the proceeds or when a sufficient number of new investors cannot be found to allow the continued payment of “dividends.”

This type of fraud is named after its creator—Charles Ponzi of Boston, Massachusetts. In the early 1900s, Ponzi launched a scheme that guaranteed investors a 50 percent return on their investment in postal coupons. Although he was able to pay his initial backers, the scheme dissolved when he was unable to pay later investors.

Tips for Avoiding Ponzi Schemes:

* Be careful of any investment opportunity that makes exaggerated earnings claims.
* Exercise due diligence in selecting investments and the people with whom you invest—in other words, do your homework.
* Consult an unbiased third party—like an unconnected broker or licensed financial advisor—before investing.

For more information:
- Bernie Madoff Case
- Stanford Case
- Wholesale Grocery Distribution Ponzi Scheme
- ATM Ponzi Scheme
- Victims Turn Tables with Ponzi Scheme

Pyramid Schemes

As in Ponzi schemes, the money collected from newer victims of the fraud is paid to earlier victims to provide a veneer of legitimacy. In pyramid schemes, however, the victims themselves are induced to recruit further victims through the payment of recruitment commissions.

More specifically, pyramid schemes—also referred to as franchise fraud or chain referral schemes—are marketing and investment frauds in which an individual is offered a distributorship or franchise to market a particular product. The real profit is earned, not by the sale of the product, but by the sale of new distributorships. Emphasis on selling franchises rather than the product eventually leads to a point where the supply of potential investors is exhausted and the pyramid collapses. At the heart of each pyramid scheme is typically a representation that new participants can recoup their original investments by inducing two or more prospects to make the same investment. Promoters fail to tell prospective participants that this is mathematically impossible for everyone to do, since some participants drop out, while others recoup their original investments and then drop out.

Tips for Avoiding Pyramid Schemes:

* Be wary of “opportunities” to invest your money in franchises or investments that require you to bring in subsequent investors to increase your profit or recoup your initial investment.
* Independently verify the legitimacy of any franchise or investment before you invest.

Market Manipulation or “Pump and Dump” Fraud

This scheme—commonly referred to as a “pump and dump”—creates artificial buying pressure for a targeted security, generally a low-trading volume issuer in the over-the-counter securities market largely controlled by the fraud perpetrators. This artificially increased trading volume has the effect of artificially increasing the price of the targeted security (i.e., the “pump”), which is rapidly sold off into the inflated market for the security by the fraud perpetrators (i.e., the “dump”); resulting in illicit gains to the perpetrators and losses to innocent third party investors. Typically, the increased trading volume is generated by inducing unwitting investors to purchase shares of the targeted security through false or deceptive sales practices and/or public information releases.

A modern variation on this scheme involves largely foreign-based computer criminals gaining unauthorized access to the online brokerage accounts of unsuspecting victims in the United States. These victim accounts are then utilized to engage in coordinated online purchases of the targeted security to affect the pump portion of a manipulation, while the fraud perpetrators sell their pre-existing holdings in the targeted security into the inflated market to complete the dump.

Tips for Avoiding Market Manipulation Fraud:

* Don’t believe the hype.
* Find out where the stock trades.
* Independently verify claims.
* Research the opportunity.
* Beware of high-pressure pitches.
* Always be skeptical.

For more information:
- Operation Shore Shells investigation

Telemarketing Fraud

When you send money to people you do not know personally or give personal or financial information to unknown callers, you increase your chances of becoming a victim of telemarketing fraud.

Here are some warning signs of telemarketing fraud—what a caller may tell you:

* “You must act ‘now’ or the offer won’t be good.”
* “You’ve won a ‘free’ gift, vacation, or prize.” But you have to pay for “postage and handling” or other charges.
* “You must send money, give a credit card or bank account number, or have a check picked up by courier.” You may hear this before you have had a chance to consider the offer carefully.
* “You don’t need to check out the company with anyone.” The callers say you do not need to speak to anyone including your family, lawyer, accountant, local Better Business Bureau, or consumer protection agency.
* “You don’t need any written information about their company or their references.”
* “You can’t afford to miss this ‘high-profit, no-risk’ offer.”

If you hear these or similar “lines” from a telephone salesperson, just say “no thank you” and hang up the telephone.

Tips for Avoiding Telemarketing Fraud:

It’s very difficult to get your money back if you’ve been cheated over the telephone. Before you buy anything by telephone, remember:

* Don’t buy from an unfamiliar company. Legitimate businesses understand that you want more information about their company and are happy to comply.
* Always ask for and wait until you receive written material about any offer or charity. If you get brochures about costly investments, ask someone whose financial advice you trust to review them. But, unfortunately, beware—not everything written down is true.
* Always check out unfamiliar companies with your local consumer protection agency, Better Business Bureau, state attorney general, the National Fraud Information Center, or other watchdog groups. Unfortunately, not all bad businesses can be identified through these organizations.
* Obtain a salesperson’s name, business identity, telephone number, street address, mailing address, and business license number before you transact business. Some con artists give out false names, telephone numbers, addresses, and business license numbers. Verify the accuracy of these items.
* Before you give money to a charity or make an investment, find out what percentage of the money is paid in commissions and what percentage actually goes to the charity or investment.
* Before you send money, ask yourself a simple question. “What guarantee do I really have that this solicitor will use my money in the manner we agreed upon?”
* Don’t pay in advance for services. Pay services only after they are delivered.
* Be wary of companies that want to send a messenger to your home to pick up money, claiming it is part of their service to you. In reality, they are taking your money without leaving any trace of who they are or where they can be reached.
* Always take your time making a decision. Legitimate companies won’t pressure you to make a snap decision.
* Don’t pay for a “free prize.” If a caller tells you the payment is for taxes, he or she is violating federal law.
* Before you receive your next sales pitch, decide what your limits are—the kinds of financial information you will and won’t give out on the telephone.
* Be sure to talk over big investments offered by telephone salespeople with a trusted friend, family member, or financial advisor. It’s never rude to wait and think about an offer.
* Never respond to an offer you don’t understand thoroughly.
* Never send money or give out personal information such as credit card numbers and expiration dates, bank account numbers, dates of birth, or social security numbers to unfamiliar companies or unknown persons.
* Be aware that your personal information is often brokered to telemarketers through third parties.
* If you have been victimized once, be wary of persons who call offering to help you recover your losses for a fee paid in advance.
* If you have information about a fraud, report it to state, local, or federal law enforcement agencies.

For More information:
- Telemarketing Fraud Targeting Seniors

Nigerian Letter or “419” Fraud

Nigerian letter frauds combine the threat of impersonation fraud with a variation of an advance fee scheme in which a letter mailed from Nigeria offers the recipient the “opportunity” to share in a percentage of millions of dollars that the author—a self-proclaimed government official—is trying to transfer illegally out of Nigeria. The recipient is encouraged to send information to the author, such as blank letterhead stationery, bank name and account numbers, and other identifying information using a fax number provided in the letter. Some of these letters have also been received via e-mail through the Internet. The scheme relies on convincing a willing victim, who has demonstrated a “propensity for larceny” by responding to the invitation, to send money to the author of the letter in Nigeria in several installments of increasing amounts for a variety of reasons.

Payment of taxes, bribes to government officials, and legal fees are often described in great detail with the promise that all expenses will be reimbursed as soon as the funds are spirited out of Nigeria. In actuality, the millions of dollars do not exist, and the victim eventually ends up with nothing but loss. Once the victim stops sending money, the perpetrators have been known to use the personal information and checks that they received to impersonate the victim, draining bank accounts and credit card balances. While such an invitation impresses most law-abiding citizens as a laughable hoax, millions of dollars in losses are caused by these schemes annually. Some victims have been lured to Nigeria, where they have been imprisoned against their will along with losing large sums of money. The Nigerian government is not sympathetic to victims of these schemes, since the victim actually conspires to remove funds from Nigeria in a manner that is contrary to Nigerian law. The schemes themselves violate section 419 of the Nigerian criminal code, hence the label “419 fraud.”

Tips for Avoiding Nigerian Letter or “419″ Fraud:

* If you receive a letter from Nigeria asking you to send personal or banking information, do not reply in any manner. Send the letter to the U.S. Secret Service, your local FBI office, or the U.S. Postal Inspection Service. You can also register a complaint with the Federal Trade Commission’s Complaint Assistant.
* If you know someone who is corresponding in one of these schemes, encourage that person to contact the FBI or the U.S. Secret Service as soon as possible.
* Be skeptical of individuals representing themselves as Nigerian or foreign government officials asking for your help in placing large sums of money in overseas bank accounts.
* Do not believe the promise of large sums of money for your cooperation.
* Guard your account information carefully.

For More information:
- Related Online Rental Ads Scheme
- Related Spanish Lottery Scam

Health Care Fraud or Health Insurance Fraud

Medical Equipment Fraud:

Equipment manufacturers offer “free” products to individuals. Insurers are then charged for products that were not needed and/or may not have been delivered.

“Rolling Lab” Schemes:

Unnecessary and sometimes fake tests are given to individuals at health clubs, retirement homes, or shopping malls and billed to insurance companies or Medicare.

Services Not Performed:

Customers or providers bill insurers for services never rendered by changing bills or submitting fake ones.

Medicare Fraud:

Medicare fraud can take the form of any of the health insurance frauds described above. Senior citizens are frequent targets of Medicare schemes, especially by medical equipment manufacturers who offer seniors free medical products in exchange for their Medicare numbers. Because a physician has to sign a form certifying that equipment or testing is needed before Medicare pays for it, con artists fake signatures or bribe corrupt doctors to sign the forms. Once a signature is in place, the manufacturers bill Medicare for merchandise or service that was not needed or was not ordered.

Tips for Avoiding Health Care Fraud or Health Insurance Fraud:

* Never sign blank insurance claim forms.
* Never give blanket authorization to a medical provider to bill for services rendered.
* Ask your medical providers what they will charge and what you will be expected to pay out-of-pocket.
* Carefully review your insurer’s explanation of the benefits statement. Call your insurer and provider if you have questions.
* Do not do business with door-to-door or telephone salespeople who tell you that services of medical equipment are free.
* Give your insurance/Medicare identification only to those who have provided you with medical services.
* Keep accurate records of all health care appointments.
* Know if your physician ordered equipment for you.

For more information:
- Heath Care Fraud webpage

October 12, 2010

Dallas Businessmen Involved in Mortgage Fraud Scheme Sentenced to Federal Prison

DALLAS—Three Dallas businessmen, Mark Manners, Robert L. Loeb, and Andrew Siebert, who were involved in a massive mortgage fraud scheme that they ran in the area, were sentenced this afternoon by U.S. District Judge Barbara M.G. Lynn, announced James T. Jacks, acting U.S. Attorney for the Northern District of Texas.

Mark Manners was sentenced to 30 months in prison, followed by three years of supervised release, and ordered to pay $1,762,362.71 in restitution.

Robert L. Loeb was sentenced to 18 months in prison, followed by two years of supervised release, and ordered to pay $2,027,841,34 restitution.

Andrew Siebert was sentenced to 60 months in prison, followed by three years of supervised release, and ordered to pay $2,027,841.34 restitution.

Their co-defendant in the scheme, Charles Cooper Burgess, 53, was sentenced in March 2008 to nearly 22 years in prison and ordered to pay more than $3 million in restitution for his role in this mortgage fraud scheme and another scheme involving golf course property in Arkansas. Burgess pled guilty in January 2006 to his involvement in two fraudulent schemes, one involving mortgage fraud and one involving defrauding individuals who invested in golf course property in Arkansas. In November and December 2006, Burgess testified about Manners and Siebert’s extensive role in the mortgage fraud scheme. At the conclusion of that trial, both Manners and Siebert were convicted.

Regarding the mortgage fraud scheme, Burgess admitted that he recruited 20 straw buyers with good credit but limited funds to sign loan and closing documents to purchase homes. As part of a signed “investor management agreement,” Burgess promised to provide the down payment at closing as well as make all mortgage payments. When Burgess’s company needed additional funds for borrower down payments, Siebert agreed to steal bank escrow funds for the borrowers’ down payment. As part of the scheme, Siebert also falsified settlement document on at least 20 loan closings. Siebert only agreed to steal these escrow funds if Burgess agreed to pay Siebert $5000 from each closing as a “kickback payment.” Evidence at trial showed that Siebert stole escrow funds on 20 separate loans and then concealed the theft of these lender funds by falsifying loan closing documents.

Siebert stole lender funds held in escrow and then provided these funds to Manners prior to closing so that Manners could purchase a cashier’s check in the name of the straw buyer. When Siebert received the cashier’s check back from Manners, Siebert falsely certified to the lender on the settlement statement that the down payment came from the borrower. On the settlement statement, Siebert also fraudulently accounted for disbursements to Burgess’ company by falsely listing the expense as a phony lien pay off, or as a “marketing and relocation fee” due to Burgess’ company. Eleven different lenders testified at trial that Siebert falsified the settlement statements to conceal his wrongful and fraudulent release of lender escrow funds. Each lender testified that the loan would never have been funded if the lender had known about the fraudulent use of lender escrow funds.

From December 2002 through March 2004, Siebert stole escrow funds which resulted in the loss of $2,027,841 to 16 different lenders. As a result of Siebert submitting false certifications on settlement statements for each of these 20 loans, Siebert and Manners fraudulently induced the disbursement of loans totaling more than $7 million.

Acting U.S. Attorney Jacks praised the investigative efforts of the Federal Bureau of Investigation and the Federal Deposit Insurance Corporation, Office of Inspector General. The case was prosecuted by Special Assistant U.S. Attorney William M. Martin of the U.S. Department of Justice Anti-Trust Division and Assistant U.S. Attorney David Jarvis.

Posted By: Ralph Roberts @ 8:41 am | | Comments (0) | Trackback |
Filed under: Arkansas,Mortgage Fraud,Mortgage Fraud Scheme,Straw Buyer

38 People Indicted by Federal Grand Juries in Arizona This Month

PHOENIX, AZ—United States Attorney Dennis K. Burke joined members of the Arizona Financial Fraud Task Force to announce multiple indictments charging 38 people—among them loan officers, escrow officers, real estate appraisers and agents, and “straw buyers”—in various mortgage fraud schemes, including “cash back” and loan origination scams.

The announcement of the indictments in Arizona followed a press conference in Washington, D.C., where Attorney General Eric Holder announced the results of a nationwide coordinated takedown of mortgage fraudsters, the largest collective enforcement effort ever brought to bear in confronting mortgage fraud. The sweep was organized by President Obama’s interagency Financial Fraud Enforcement Task Force, which was established to lead an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. Starting on March 1, to date Operation Stolen Dreams has involved 1,215 criminal defendants nationwide, including 485 arrests, who are allegedly responsible for more than $2.3 billion in losses. Additionally, to date the operation has resulted in 191 civil enforcement actions which have resulted in the recovery of more than $147 million.

“Mortgage fraud ruins lives, destroys families and devastates whole communities, so attacking the problem from every possible direction is vital,” said Attorney General Holder. “We will use every tool available to investigate, prosecute, and prevent mortgage fraud, and we will not rest until anyone preying on vulnerable American homeowners is brought to justice.”

“These are the most indictments ever in one month for mortgage fraud,” said U.S. Attorney Dennis K. Burke. “It reflects both how pervasive the problem is and how committed we are to investigate, prosecute and convict these scam artists. We have heard many of the stories from the community about how mortgage fraud has affected their lives by undermining the housing industry. Now we are aggressively targeting ‘foreclosure rescue,’ reverse mortgage, and other scams designed to profit from the misery of people desperate to remain in their homes.”

U.S. Attorney Burke also announced the launch of an initiative to educate consumers about the risks of mortgage fraud and other scams. “We want to give the tools to people so they can prevent these disasters before they begin,” he said. To request a presentation on fraud from the U.S. Attorney’s Office, send an e-mail to usaaz.community@usdoj.gov or call 602-514-7629.

Special Agent in Charge Nathan Gray, FBI Phoenix Division, stated “The FBI’s Mortgage Fraud Task Force as a part of the Arizona Financial Fraud Task Force has continued to address mortgage fraud matters since 2008. Operation Stolen Dreams represents a second successful wave of indictments for the task force targeting individuals committing fraud in the housing market. The FBI and our law enforcement partners are committed to working with local, state, and federal prosecutors in combating mortgage fraud.”

In Arizona since the beginning of March 2010, Operation Stolen Dreams has resulted in 51 defendants indicted, convicted or sentenced. In addition to the 38 indicted this month, 13 others have been convicted and sentenced. In March, the U.S. Attorney’s obtained a 17-year prison sentence against Mario Bernadel for mortgage fraud. Bernadel, a Haitian citizen, caused nearly $9 million in losses to the banks, and caused the foreclosure of 36 properties. Also in March, Jeffrey Crandell, a loan officer, was sentenced to five years in prison, and ordered to pay over $1.4 million in restitution, and a co-defendant, escrow officer Erin Michelle Leastman, was ordered to pay $2.4 million. In May, April Lucero, a loan officer, was sentenced to two years in prison.

“The last number of years have seen enormous and damaging developments in the mortgage and housing markets with an urgent reliance on the government to bolster unstable marketplaces and devastated communities, said Kenneth M. Donohue, Inspector General of the Department of Housing and Urban Development. “The HUD OIG, in partnership with other federal agencies, is deeply committed to ensuring that scarce resources are not diverted to those who seek to enrich themselves at the expense of those who so desperately need assistance today.”

Unlike previous mortgage fraud sweeps, Operation Stolen Dreams focused not only on federal criminal cases, but also on civil enforcement, restitution for victims and increasing cooperation with state and local partners.

“The financial impact on Arizona as a result of these schemes has been severe, which is demonstrated by buyers driven into foreclosure, lenders burdened with bad loans, neighborhoods with abandoned and deteriorating properties, and as with all financial crimes, a significant loss in tax revenue,” said IRS-CI Special Agent in Charge Dawn Mertz. “IRS Criminal Investigation is committed to pursuing those individuals who commit financial fraud.

“Home ownership has been a part of the American dream for decades. Industry insiders and opportunists who commit mortgage fraud erode the infrastructure so that dream becomes less attainable for some,” said Pete Zegarac, Phoenix Division Inspector in Charge of the U.S. Postal Inspection Service. “Operation Stolen Dreams highlights the efforts of law enforcement to bring to justice those who sought to defraud desperate homeowners.”

The President’s Financial Fraud Enforcement Task Force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes. For more information on the task force, visit StopFraud.gov.

The Arizona Financial Fraud Task Force represents the efforts of the U.S. Attorney’s Office, FBI, Internal Revenue Service-Criminal Investigation Division, U.S. Immigration and Customs Enforcement, Department of Housing and Urban Development Office of the Inspector General, U.S. Marshals Service, U.S. Postal Inspection Service, U.S. Secret Service, the FDIC-OIG, Arizona Department of Financial Institutions, Arizona Attorney General’s Office , the Phoenix and Mesa police departments, the Maricopa Country Sheriff’s Office, and Maricopa Country Attorney’s Office.

Mortgage Fraud case examples in the District of Arizona:

United States vs. Lawler, et al.

On Tuesday, June 15, 2010, a federal grand jury in Phoenix returned a 30-count indictment against JamieLee Lawler, 41, a former Countrywide loan officer and real estate investor of Phoenix and Brett Matheson, 44, of Scottsdale, for Wire Fraud, Conspiracy, Money Laundering and Conspiracy to Commit Money Laundering related to their leadership roles in a Mortgage Fraud scheme.

The indictment alleges from January 2005 through December 2007, Lawler and Matheson conspired to commit mortgage fraud by holding seminars to recruit straw buyers that did not intend to live in the homes or be responsible for the loan payments. The defendants would obtain financing to purchase homes in the names of the straw buyers by submitting fraudulent applications that misrepresented assets, income, employment status, and other information. Loans would be in excess of the sale price and once the funds were obtained from the lender, the extra proceeds known as “cash-back,” would be directed to bank accounts in the defendants’ control.

During the period of the conspiracy and scheme, the defendants defrauded the banks of over $38 million of which $8.7 million was directed to bank accounts under their control. Lawler and Matheson used the “cash-back” for personal expenses, including luxury vehicles and homes for themselves. Each conviction for Wire Fraud or Conspiracy carries a maximum penalty of 30 years in prison, a $1 million fine or both. Each conviction for Money Laundering or Conspiracy to Commit Money Laundering carries a maximum penalty of 10 years in prison, a fine or both.

United States vs. Jackson , et al.

In one indictment filed in early June, resulting from an ICE investigation, six individuals are alleged to have conspired in a scheme to defraud financial institutions by using straw buyers to purchase luxury homes in Paradise Valley, North Scottsdale, Arcadia, Fountain Hills and other upscale areas in the Phoenix area. One of the primary motivations for the scam was large cash back payments upon the purchase of the houses. However, even larger illicit profits were obtained upon the sale of a house from one controlled straw buyer to another. The scheme resulted in the foreclosure of more than 100 houses and losses of more than $50 million.

One of the six indicted conspirators, Vincent Vendittelli, was a loan officer at Spectrum Financial Group (SFG). Vendittelli handled all of the straw buyers’ loans and presented false information to financial institutions on loan applications which enabled otherwise average people to falsely qualify for multimillion dollar houses. Vendittelli handled more than 100 of these loans.

Another indicted conspirator, Cleothus Jackson, aka Henry Oliver Ford, and four other co-conspirators are alleged to have devised the scheme and recruited the straw buyers. Straw buyers were paid for the purchase of the houses but the lion’s share of illicit profits went to the recruiters, according to the indictment.

All of the properties went into foreclosure and in some cases bank short sales. The resulting decrease in home values caused a ripple effect across the Valley.

“These illicit schemes defrauded financial institutions out of millions of dollars,” said Matt Allen, ICE Special Agent in Charge in Arizona. “This investigation provides real insight into how virtually every aspect of some of these transactions was permeated with fraud and why the real estate market in Arizona is in its current condition. ICE is proud to work with the U.S. Attorney’s Office and our other law enforcement partners to hold these individuals accountable for enriching themselves at the expense of our banks, our communities and ultimately all American taxpayers.”

October 11, 2010

Mortgage Fraud Leader Sentenced to Nearly 17 Years in Prison

Mortgage Fraud Scheme in Phoenix Resulted in $9.5 Million Loss

PHOENIX—Mario G. Bernadel, 51, a citizen of Haiti, was sentenced today to nearly 17 years in prison for his conviction on multiple counts for leading a mortgage fraud scheme in Phoenix that cost banks over $9 million.

Bernadel was found guilty by a jury in September 2009 on 19 counts related to mortgage fraud, including mail, wire, and bank fraud, and transactional money laundering. Bernadel led a two-year conspiracy involving the purchase of 37 properties using fraudulent loan documents and receiving cash back at closing. Seven co-conspirators were also charged and have pleaded guilty for their involvement in the conspiracy and many will be sentenced in the next few months.

Dennis K. Burke, U.S. Attorney for the District of Arizona, highlighted the significance of this sentence. “Mortgage fraud is a top priority for the U.S. Justice Department in the District of Arizona, where it has destroyed property values, lending institutions, and entire neighborhoods in our community. No question, complex fraud schemes—a prime example, here—played a role in crashing our real estate market. Culprits like these defendants will be tracked down, prosecuted and convicted. I congratulate the FBI for their thorough investigation that led to this significant sentence.”

The case against Bernadel and seven others was based on an investigation by the Federal Bureau of Investigation, which revealed that from December 2005 through March 2007 they conspired to commit mortgage fraud in Phoenix. Bernadel and others fraudulently submitted mortgage loan applications, on behalf of straw buyers, under false pretenses, obtaining and disbursing the proceeds of fraudulently obtained loans, including directing portions of the proceeds to bank accounts in Bernadel’s and other defendants’ control. Bernadel prepared or directed others to prepare fraudulent loan applications misrepresenting salary, assets and liabilities. Bernadel used the proceeds from the fraud to live a lavish lifestyle including purchasing several expensive homes and luxury vehicles. Evidence presented at his sentencing demonstrated that he continued to engage in mortgage fraud while in custody after his conviction. The conspiracy resulted in a loss to lending institutions of approximately $9,500,000.

Nathan T. Gray, FBI Special Agent in Charge of the Phoenix Division, said: “Today’s sentence signifies the continued efforts of the U.S. Attorney’s Office and the FBI’s Mortgage Fraud Task Force to investigate and prosecute those who commit mortgage fraud. We want to send a message that when individuals knowingly defraud the public during the course of mortgage transactions, the FBI and our law enforcement partners are committed to holding them accountable in accordance with the law.”

Following the completion of his sentence, Bernadel, who has legal residence in the U.S., will be deported by the Department of Homeland Security to his home country of Haiti. Bernadel’s prosecution is one result of “Operation Cash Back”, an initiative in which over 50 defendants were indicted and arrested, including many real estate professionals in 2007 and 2008. Bernadel is the 48th defendant to date who has been convicted through “Operation Cash Back.”

The investigation in this case was conducted by the FBI. The prosecution is being handled by Kevin M. Rapp, and Charles W. Galbraith Assistant U.S. Attorneys, District of Arizona, Phoenix.

Mortgage fraud is a key focus of the Financial Fraud Enforcement Task Force’s efforts. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.

« Previous PageNext Page »