SACRAMENTO, CA—United States Attorney Benjamin B. Wagner announced today that a federal grand jury returned an indictment charging Jake Weathers, 34, Elk Grove, Glenn Watkins, 40, Elk Grove, Kevin Watkins, 25, Elk Grove, Frederick Davis, 40, Elk Grove, and Paul Yearby Jr., 29, of Fair Oaks, with 11 counts of mail fraud relating to their alleged operation of a mortgage fraud scheme that involved the defendants changing their names to Muslim names in order to obtain new credit and to conceal poor credit histories and other liabilities in their birth names.

The indictment alleges that Glenn Watkins legally changed his name to “Rasheed Khaleb” to fraudulently purchase two homes. Once those homes fell into foreclosure, he legally changed his name to “Jason Johnson.” Likewise, the indictment alleges that Kevin Watkins changed his name to “Jamal Ali” then to “Calvin Carter.” Their uncle, Frederick Davis, allegedly changed his name to “Ammar Rashad,” to purchase a home, then to “Corey Green” once that home fell into foreclosure. Paul Yearby Jr. legally changed his name to “Malcom Ali” in order to execute the fraud scheme. Assistant United States Attorney Russell L. Carlberg is prosecuting the case

According to the indictment, Jake Weathers, an unlicensed mortgage broker operating as “Weathers & Associates,” devised the scheme to defraud in order to obtain loan brokerage commissions and other cash payments from sellers made outside of escrow (i.e., they were not disclosed to the title company or to lenders). Weathers also is charged with knowingly providing to lenders false documents such as W-2 tax forms, wage earning statements, bank statements, and other documents, to support loan applications that stated borrowers earned significant income through employment with a company owned by WEATHERS, “C Auto Brokers.” Losses are estimated at over $1 million.

In a separate case, the grand jury returned a four-count indictment charging Nathaniel Blanton, 27, of Roseville, with making false statements to financial institutions in connection with four mortgage loan applications on two residential properties in Roseville and Lincoln. The indictment alleges that Blanton submitted loan applications that falsely inflated his income and cash assets by tens of thousands of dollars. The Blanton case is also being prosecuted by Assistant U.S. Attorney Carlberg.

These cases are the product of an extensive investigations by the Federal Bureau of Investigation and the IRS-Criminal Investigation. The investigations are ongoing.

In the Weathers case, the maximum statutory penalty for each count of conspiracy to commit mail fraud and mail fraud is 20 years in prison, a $250,000 fine, and three years of supervised release. In the Blanton case, the maximum penalty for each false statement count is 30 years in prison, a $1 million fine, and three years of supervised release. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

The charges are only allegations and the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Thomas Kontogiannis, a who led a mortgage fraud conspiracy resulting in more than $90 million losses, pleaded guilty to conspiracy to commit bank and wire fraud in federal court in Brooklyn today. Kontogiannis admitted defrauding Washington Mutual Bank (“WAMU”) and DLJ Mortgage Capital, Inc. (“DLJ”), a subsidiary of Credit Suisse, in connection with his development of two tracts of land in Brooklyn and Queens. The proceedings were held before United States District Judge Kiyo A. Matsumoto.

The guilty plea was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, Janice K. Fedarcyk, Assistant Director-in-Charge of the Federal Bureau of Investigation, New York Field Office, Richard H. Neiman, New York Superintendent of Banks, and Jon T. Rymer, Inspector General, Federal Deposit Insurance Corporation.

The indictment alleges that from 2001 to 2003, Kontogiannis purchased and subdivided Loring Estates, located in East New York, Brooklyn, and Edgewater Development, located in College Point, Queens. After the conspirators obtained permits to construct multi-unit housing, Kontogiannis staged sales of the properties financed by mortgage loans. He then directed others to prepare false loan files to create the appearance that the properties were being purchased by creditworthy homeowners, when, in fact, Kontogiannis sold the properties to family members and employees who acted as straw buyers. The mortgages were supported by fraudulent appraisals depicting finished homes when the buildings had yet to be built or had fictional addresses, and the mortgage files contained fraudulent title abstract reports and other documentation designed to indicate that the seller, a Kontogiannis-controlled entity, had clear title to convey and that the lender’s interest was protected by title insurance. The loans were financed by lenders controlled by Kontogiannis, including Interamerican Mortgage Corp., later known as CIP Mortgage Corp. and Coastal Capital Corp. After the loans were closed, Kontogiannis ensured that the mortgages and deeds were not recorded, thereby permitting him to “sell” the same property repeatedly. Kontogiannis eventually sold the loans to WAMU or DLJ.

In an effort to conceal the multiple sales of the same properties, Kontogiannis changed the addresses of properties located in East New York, Brooklyn, to addresses in neighboring Howard Beach, Queens. In addition, he directed others to make monthly payments on the mortgages, ensuring that none of the mortgages became delinquent. The payments ceased in 2007, with approximately $92 million in principal outstanding on the fraudulent mortgages.

Kontogiannis, along with eight other defendants, were indicted on conspiracy and bank and wire fraud charges in June 2009. Four other defendants have pleaded guilty to date.

“The scope of this fraud is staggering,” stated United States Attorney Lynch. “The defendant controlled every aspect of the mortgage lending process, right up to the sale of fraudulent loans into the secondary market.” Ms. Lynch expressed her grateful appreciation to the New York State Banking Department for its assistance.

FBI Assistant Director-in-Charge Fedarcyk stated, “Kontogiannis has added another conviction to his rap sheet by defrauding banks and others in his $92 million mortgage fraud scheme. He thought he had the system figured out and now faces adding even more time to his sentence. This guilty plea is a step towards cleaning up the housing market, and the FBI will continue to vigorously investigate those that perpetrate this type of crime which affects all Americans.”

New York Superintendent of Banks Neiman stated, “This plea of guilty to one of the largest mortgage frauds directed by a single individual was made possible by seamless coordination between federal agencies and the state banking department. This degree of cooperative federalism, with each agency contributing specialized expertise, will restore confidence in the mortgage sector and the greater financial system.”

FDIC Inspector General Rymer stated, “The Federal Deposit Insurance Corporation Office of Inspector General (FDIC-OIG) is pleased to join the United States Attorney’s Office for the Eastern District of New York and our law enforcement colleagues in announcing this guilty plea. The American people need to be assured that their government is working to ensure integrity in the financial services and housing industries and that individuals and entities involved in mortgage fraud criminal misconduct will be prosecuted. Bringing these individuals to justice helps maintain the safety and soundness of the nation’s financial institutions.”

Kontogiannis faces up to 30 years’ imprisonment on the conspiracy count to which he pleaded guilty. Kontogiannis also consented to forfeiture of the proceeds of his fraudulent activity, including a criminal forfeiture money judgment and money traceable to four commercial properties he controlled worth at least $50 million.

The government’s case is being prosecuted by Assistant United States Attorneys Jonathan E. Green and Duncan Levin.

This law enforcement action is part of 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. More information about the Financial Fraud Enforcement Task Force can be found at www.stopfraud.gov.

Nora R. Dannehy, United States Attorney for the District of Connecticut, announced that GEORGE HAJATI, also known as Gjergji Hajati, 31, of Westerly Terrace, Rocky Hill, pleaded guilty today before United States District Judge Mark R. Kravitz in New Haven to one count of conspiracy to commit wire fraud and eight counts of wire fraud stemming from a Hartford-area mortgage fraud scheme.

According to court documents and statements made in court, between September 2003 and November 2007, HAJATI, using his company Connecticut Partners Mortgage (“CPM”), conspired with Justin Williams, a CPM employee; Douglas Sheehan, an attorney; and others to deceive mortgage lending financial institutions into providing falsely inflated mortgage loans to real estate buyers for the purchase of property that was worth less than the amount of the loans. CPM provided fraudulent financial statements to the lending institutions that inflated the sales prices of the properties, the down payments made by purchasers and the amount due to sellers, as well as other fraudulent information, in order to induce the institutions to provide the funds.

The various lenders have suffered a loss of more than $1 million due to this mortgage scheme.

On November 14, 2007, Federal Bureau of Investigation agents conducted a court-authorized search of Connecticut Partners Mortgage on Weston Street in Hartford. On November 21, 2007, HAJATI fled the United States. In January 2008, HAJATI met Williams in Australia and, in May 2008, the co-defendants traveled to Albania, where HAJATI had lived until he was 17 years old, has relatives, and is fluent in the language.

On March 17, 2009, approximately one month after HAJATI and Williams were indicted by a grand jury in Hartford, HAJATI was arrested by Albanian authorities after he attempted to cross the border of Albania and Montenegro. He was extradited to the United States on July 24.2009.

Judge Kravitz has scheduled sentencing for June 24, 2010, at which time HAJATI faces a maximum term of imprisonment of 30 years and a fine of up to $1 million, on each count.

Williams, of Newington, voluntarily returned from Albania. On October 21, 2009, he pleaded guilty to one count of conspiracy to commit wire fraud and three counts of wire fraud. He awaits sentencing.

On November 20, 2008, Sheehan waived his right to indictment and pleaded guilty to one count of conspiracy to commit wire fraud and four counts of wire fraud. He also awaits sentencing.

This case is being investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Paul H. McConnell.

In July 2009, the U.S. Attorney’s Office and the Federal Bureau of Investigation announced the formation of the Connecticut Mortgage Fraud Task Force to investigate and prosecute mortgage fraud cases and related financial crimes occurring in Connecticut. In addition to investigating past mortgage fraud schemes, the Task Force will focus on emerging crime trends that are associated with the growing tide of foreclosures, including foreclosure rescue schemes and short sale schemes. Citizens are encouraged to report any suspected mortgage fraud activity by calling 203-333-3512 and requesting the Connecticut Mortgage Fraud Task Force, or by sending an email to ctmortgagefraud@ic.fbi.gov.

The Connecticut Mortgage Fraud Task Force includes representatives from the U.S. Attorney’s Office; Federal Bureau of Investigation; Internal Revenue Service – Criminal Investigation; U.S. Postal Inspection Service; U.S. Department of Housing and Urban Development, Office of Inspector General; Federal Deposit Insurance Corporation, Office of Inspector General, and State of Connecticut Department of Banking.

Richard S. Hartunian, United States Attorney for the Northern District of New York, Rene Febles, Special Agent in Charge of the Office of Inspector General, U.S. Department of Housing and Urban Development in New York, John F. Pikus, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation, and Lt. John D. Durling of the New York State Police Special Investigations Unit announced that Michael Cassadei was sentenced today by Senior United States District Judge Thomas J. McAvoy in Albany to twenty-seven (27) months in prison, to be followed by three years’ supervised release, for his role as organizer of a local mortgage fraud scheme. Cassadei also was ordered to make full restitution, due immediately, in the total amount of $135,148.45.

Cassadei, age 54, of Schenectady, owned, operated and/or did business in the name of, or using a number of entities, including AAA Allstate Appraisal Services. He pled guilty on February 17, 2010, at which time he admitted that, through the use of fraudulent loan applications, settlement statements, appraisals and other false statements and documents, he and the other participants in the scheme were able to fraudulently cause First Union National Bank of Delaware to finance the sale of Capital Region residential properties in amounts well in excess of their actual value, and that he and other participants then used the proceeds of the loans to purchase the properties in much lower amounts and retained the bulk of the funds. In furtherance of this scheme, Cassadei and the other participants coordinated two closings on the properties – in the first, the financial institution wired proceeds for the purchase of the properties for an amount substantially in excess of their true values. The mortgage amounts were inflated by, among other things, false seller-second mortgages and cash down payments or other payments or credits for the end buyers that did not, in truth and fact, exist. After paying the costs and fees associated with the initial closing, Cassadei then caused the remaining proceeds to be transferred to him or others acting under his direction. Thereafter, the deeds were recorded in reverse chronological order from that in which the sales actually occurred in order to create the appearance that the prior owners of the properties had conveyed them to the defendant and/or his nominees before sale to the end buyers, whereas the opposite was, in fact, what happened. As a result, the defendant was able to cause the bank, without its knowledge, to fund the purchase of the properties with the proceeds from their prior sale, with the bulk of the remaining funds going to the defendant or others at his direction.

United States Attorney Hartunian observed that “it is important that those who engage in mortgage fraud understand that they face significant penalties, and that such fraudulent schemes will be pursued aggressively in this District.”

The investigation in this matter was conducted by the Office of the Inspector General of the United States Department of Housing and Urban Development, the Albany Division of the Federal Bureau of Investigation, the New York State Police Special Investigations Unit, with the assistance of the Internal Revenue Service, Criminal Investigation Division, the United States Postal Inspection Service, and the New York State Banking Commission. It is being prosecuted by the United States Attorney’s Office for the Northern District of New York.

CHICAGO—A former Chicago man was charged with allegedly engaging in an investment fraud scheme, swindling nearly $8 million from more than 50 victims who were led to believe they were buying shares of stock in well-known companies. The defendant, Randy M. Cho, was charged with one count of wire fraud and one count of filing a false federal income tax return in a criminal information filed in U.S. District Court. Cho allegedly misused a significant portion of the funds he raised from investors for his own personal benefit, while using other funds he fraudulently obtained from new investors to make Ponzi-type payments to previous investors. Cho, 39, of Newton, Mass., and formerly of Chicago, will be arraigned at a later date in U.S. District Court, Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, Robert D. Grant, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; and Alvin Patton, Special Agent-in-Charge of the Internal Revenue Service Criminal Investigation Division in Chicago, announced today.

According to the charges, Cho held himself out as a self-employed securities trader, who, from approximately 2001 to 2009, lived and worked at various times in Chicago, Seattle, Boston and Newton, Mass. Cho purportedly offered and sold more than $9,642,507 of shares of stock in wellknown companies to more than 50 U.S. and foreign investors, including some in the Chicago area. Cho claimed to have access to sell stock in these companies, which he offered as part of a “friends and family” investment pool, often in anticipation of purported initial public offerings. Cho allegedly misrepresented that he had a special relationship with Goldman Sachs and was able to purchase discounted shares, and further misrepresented the timing or existence of public offerings, the potential profitability and safety of investments, and the use of the funds raised from investors.

At various times during the alleged scheme, Cho falsely told investors that he could purchase specially-discounted shares of companies, including AOL/Time warner, Inc., Google, Inc., Rosetta Stone, Inc., and Facebook, Inc., prior to their initial public offerings, the charges allege. For example, Cho induced one victim to invest approximately $20,000 by falsely representing that he had Google stock available to sell for $1 per share, when, in fact, Cho knew that shares of Google were publicly trading at $425 per share or more. Cho also knew that he had no Google shares at a lower price and had no intent to purchase any Google stock on the victim’s behalf, the charges add.

Similarly, Cho allegedly falsely lulled another investor into believing that the victim had made a $1 million profit by investing in shares of Google stock when no such investment or profit existed. As part of the scheme, Cho used more than $1.5 million in new investor funds to make Ponzi-type payments to previous investors, and Cho caused investors to lose approximately $7,960,707, according to the charges.

The tax count alleges that Cho filed a false federal income tax return for 2005, reporting total income of $118,475, when he knew he had received income totaling approximately $1,1,72,862.

The government is being represented by Assistant U.S. Attorney Felicia Manno Alesia. The U.S. Securities and Exchange Commission assisted in the investigation.

Wire fraud carries a maximum penalty of 20 years in prison and a $250,000 fine, and restitution is mandatory. The Court may also impose a fine totaling twice the loss to any victim or twice the gain to the defendant, whichever is greater. Filing a false tax return carries a maximum penalty of three years in prison and a $250,000 fine. In addition, a defendant convicted of tax offenses faces mandatory costs of prosecution and remains liable for any taxes owed, as well as a civil fraud penalty up to 75 percent of any underpayment plus interest. If convicted, however, the Court must impose a reasonable sentence under the advisory United States Sentencing Guidelines.

The investigation falls under the umbrella of the Financial Fraud Enforcement Task Force, which 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: www.StopFraud.gov.

An information contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

LOS ANGELES—A former mortgage broker who helped orchestrate a massive mortgage fraud scheme that caused well over $40 million in losses was sentenced today to 78 months in federal prison.

Mark Alan Abrams, 49, of downtown Los Angeles, was sentenced by United States District Judge Dean D. Pregerson. In addition to the prison term, Judge Pregerson ordered Abrams to pay more than $41 million in restitution to two federally insured banks.

In issuing the sentence, Judge Pregerson said it was important to hold fraud artists “accountable for great misdeeds.” The court noted that Abrams’ willingness to defraud banks, utilize credit information belonging to unknowing victims and induce underlings to participate in the scheme was “particularly evil.”

Abrams’ sentencing followed his guilty pleas to conspiracy to commit bank fraud and loan fraud, bank fraud, making a false statement on a tax return and obstruction of justice. Abrams was one of two men who led a massive mortgage fraud that involved properties across California. In addition to being a leader of the scheme, Abrams engaged in active efforts to cover up his role and destroy evidence when the fraud started to come to light. Abrams’ obstruction in a related civil case was so serious that a Judge Pregerson found him in contempt of court and put him in jail for 30 days.

A real estate developer, Charles Elliott Fitzgerald, who along with Abrams ran the fraud scheme, was previously sentenced to 14 years in federal prison (see: http://www.justice.gov/usao/cac/pressroom/pr2008/136.html).

Abrams and Fitzgerald ran a wide-ranging and sophisticated scheme that obtained inflated mortgage loans on homes in some of California’s most expensive neighborhoods, including Beverly Hills, Bel Air, Holmby Hills, Malibu, Carmel, Mill Valley, Pebble Beach, and La Jolla. Members of the conspiracy—real estate brokers, appraisers, and mortgage bankers, who all shared in the profits from the fraudulent sales—sent false documentation, including bogus purchase contracts and appraisals, to the victim banks to deceive them into funding mortgage loans that were hundreds of thousands of dollars more than the homes actually cost. Lehman Brothers Bank alone was deceived into funding more than 80 such inflated loans from 2000 into 2003, resulting in tens of millions of dollars in losses.

A total of 11 real estate professionals have been convicted of federal charges related to the scheme.

This case is the result of an investigation by the Federal Bureau of Investigation and IRS-Criminal Investigation.

LOS ANGELES—A former mortgage broker who helped orchestrate a massive mortgage fraud scheme that caused well over $40 million in losses was sentenced today to 78 months in federal prison.

Mark Alan Abrams, 49, of downtown Los Angeles, was sentenced by United States District Judge Dean D. Pregerson. In addition to the prison term, Judge Pregerson ordered Abrams to pay more than $41 million in restitution to two federally insured banks.

In issuing the sentence, Judge Pregerson said it was important to hold fraud artists “accountable for great misdeeds.” The court noted that Abrams’ willingness to defraud banks, utilize credit information belonging to unknowing victims and induce underlings to participate in the scheme was “particularly evil.”

Abrams’ sentencing followed his guilty pleas to conspiracy to commit bank fraud and loan fraud, bank fraud, making a false statement on a tax return and obstruction of justice. Abrams was one of two men who led a massive mortgage fraud that involved properties across California. In addition to being a leader of the scheme, Abrams engaged in active efforts to cover up his role and destroy evidence when the fraud started to come to light. Abrams’ obstruction in a related civil case was so serious that a Judge Pregerson found him in contempt of court and put him in jail for 30 days.

A real estate developer, Charles Elliott Fitzgerald, who along with Abrams ran the fraud scheme, was previously sentenced to 14 years in federal prison (see: http://www.justice.gov/usao/cac/pressroom/pr2008/136.html).

Abrams and Fitzgerald ran a wide-ranging and sophisticated scheme that obtained inflated mortgage loans on homes in some of California’s most expensive neighborhoods, including Beverly Hills, Bel Air, Holmby Hills, Malibu, Carmel, Mill Valley, Pebble Beach, and La Jolla. Members of the conspiracy—real estate brokers, appraisers, and mortgage bankers, who all shared in the profits from the fraudulent sales—sent false documentation, including bogus purchase contracts and appraisals, to the victim banks to deceive them into funding mortgage loans that were hundreds of thousands of dollars more than the homes actually cost. Lehman Brothers Bank alone was deceived into funding more than 80 such inflated loans from 2000 into 2003, resulting in tens of millions of dollars in losses.

A total of 11 real estate professionals have been convicted of federal charges related to the scheme.

This case is the result of an investigation by the Federal Bureau of Investigation and IRS-Criminal Investigation.

A one-count information was filed against Dr. Robert J. Rosenstein, charging him with conspiracy to commit bank fraud, false statements to influence a bank to make a loan, mail fraud, and wire fraud, Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, announced today.
Rosenstein, age 56, resides in the Cleveland area.
Rosenstein is charged as being a “straw buyer” for a co-conspirator, not charged in the information, referred to as “J.C.” The information defines a straw buyer as an individual who, usually for compensation or other benefit, would sign mortgage loan documents to conceal from the lending institution the fact that someone else, usually a person with poor credit, was going to be the de facto owner of the property and that the straw buyer, although he or she signed the mortgage application and note, had no intention of making mortgage payments or living in the mortgaged property as his or her residence.
The information charges that Rosenstein entered into an agreement with J.C, whereby J.C., through his various companies and entities, would make any and all mortgage payments for Rosenstein if he agreed to act as a straw buyer and sign applications, HUD-1 forms and other documents, used to secure mortgage loans using Rosenstein’s credit to purchase properties located in Florida. J.C. also paid Rosenstein $25,000 as an inducement to fill out the paper work and to provide his credit to secure mortgage loans. Rosenstein, and J.C. agreed that J.C. would manage and/or develop the property to enhance its value, pay all expenses, including monthly mortgage loan payments, and, once the property was sold, they would split all profits equally.
The information further charges as part of the conspiracy, that Rosenstein executed false loan applications, HUD-1 forms and other documents for two mortgage loans totaling approximately $2.9 million to purchase properties located in the Panama City, Florida area. The mortgage loans were determined to be false based upon the following reasons: 1) The HUD-1 form indicated that Rosenstein would be responsible for the repayment of the loans by making scheduled, monthly payments to the banks when, in fact, based upon his agreement with J.C., Rosenstein, had no intention at the time he executed these documents to be personally responsible for these loans or to make monthly loan payments as required by the mortgage notes; 2) Rosenstein and J.C. indicated on HUD-1 forms that Rosenstein made down payments of approximately $181,767.00 to First Horizon Bank and approximately $44,787.00 to National City on the purchase of these properties, when, in fact, these down payments were never made; 3) J.C. and Rosenstein falsely inflated bank account balances, assets and income on mortgage loan applications in order to assure Rosenstein’s approval for the loans; 4) The applications indicated that the properties were to be second residences for Rosenstein when, in fact, he never saw or had any plans to live in these properties. Rather, Rosenstein considered these transactions to be an investment and the properties were to be sold within a short period of time and the profits split with J.C., according to the charge.
According to the information, on or about May 2006, J.C. stopped paying the mortgage payments for his straw buyers, and the mortgage loans went into default and foreclosure, resulting in a loss, or charge off, of $811,087.00 for First Horizon Bank and $1,163,148.69 for National City Bank, for a total loss of $1,974,235.69.
The investigation is ongoing.
An information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt. If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The case is being prosecuted by Assistant U.S. Attorneys Christian H. Stickan, Mark S. Bennett, and Henry F. DeBaggis, following investigation by agents of the IRS-CI, and FBI, Akron Office.

The company had all the trappings of success—its top officials lived lavish lifestyles, kept a fleet of chauffeur-driven cars, and donated generously to charities. And it used slick marketing to sell its “Dream Homes Program,” which promised to pay homeowners’ mortgages in return for an up-front fee that would be invested in profitable business ventures.

But the dream turned into a $70 million nightmare for more than a thousand investors—among the latest victims of mortgage fraud.
FBI Executive Assistant Director Thomas J. Harrington of our Criminal, Cyber, Response, and Services Branch (right) and Assistant Attorney General Lanny A. Breuer of the Department of Justice’s Criminal Division.
FBI Executive Assistant Director Thomas J. Harrington of our Criminal, Cyber, Response,
and Services Branch (right) and Assistant Attorney General Lanny A. Breuer
of the Department of Justice’s Criminal Division.

According to federal grand jury indictments unsealed today, the five people behind Metro Dream Homes and the bogus mortgage payment program were actually running an elaborate deception—one eventually unraveled through the cooperative efforts of federal and state law enforcement agencies.

“The effects of this wide-ranging mortgage fraud scheme are particularly disturbing against the backdrop of today’s economic environment,” said Thomas J. Harrington, Executive Assistant Director of our Criminal, Cyber, Response, and Services Branch.

Here’s how the scam worked:

* Between 2005 and 2007, victims were persuaded into investing at least $50,000 with Metro Dream Homes, either by refinancing their existing homes or buying new homes at inflated prices.
* Investors were told not to worry about high mortgages because Metro Dream Homes would pay their future monthly payments and pay off their mortgages within five to seven years using returns on the homeowner’s original investment. Then the homeowner and Metro Dream Homes would own an equal interest in the home.
* Victims were told that their $50,000—not including an administrative fee of up to $5,000—would be used to fund investments in automated teller machines, flat-screen TV displays that carried commercial advertisements, and Touch-N-Buy electronic kiosks that sold telephone calling cards and other items.
* To make the scam seem more legitimate, the company marketed its program through live presentations at posh hotels in Washington, D.C.; Baltimore; and even Beverly Hills, California.

In the end, it was a classic Ponzi scheme: the proceeds from later investors went to pay the mortgages of earlier investors. The ATMs, flat-screen TVs, and electronic kiosks never generated any meaningful revenue, federal prosecutors contend.

And the bulk of the money? It lined the defendants’ pockets—with $200,000-a-year salaries, luxury cars, and travel to major sporting events like the 2007 Super Bowl.

By the time law enforcement shut down the company, homeowners had already invested about $70 million. When Metro Dream Homes stopped making the mortgage payments, the homeowners were left holding the bag. The defendants, meanwhile, are facing long prison terms for multiple counts of fraud, conspiracy to commit money laundering, and other charges.

At a press conference today at the Department of Justice to announce the indictments, Harrington said that to combat the recent “exponential rise in mortgage fraud investigations,” the FBI has increased the number of agents who investigate mortgage fraud from 120 in 2007 to more 250 today. We participate in 18 mortgage fraud task forces and 47 working groups across the country.

“One of the best tools the FBI has in its arsenal for combating mortgage fraud,” he said, “is its long-standing partnerships with other federal, state, and local law enforcement.”

If you have been the victim of a mortgage fraud scheme or have information about one, call your local FBI office or submit a tip electronically.

The United States Attorney for the District of Connecticut today announced that a federal grand jury sitting in Bridgeport has returned a nine-count indictment charging WILLIAM A. TRUDEAU, JR., 47, of Westport, with bank fraud, wire fraud, and mail fraud offenses stemming from his alleged participation in a Fairfield County mortgage fraud scheme. The indictment was returned yesterday, November 18.
The indictment alleges that TRUDEAU, a property developer, was an unnamed principal in both Aspetuck Building & Development and Huntington South Associates, LLC, the latter of which was a shell company that TRUDEAU used to pay for personal expenses and to secure loans fraudulently. From approximately February 2004 to April 2010, it is alleged that TRUDEAU conspired with Joseph Kriz, Heather Bliss, Fred Stevens, Thomas Preston, and others to defraud federally insured financial institutions and mortgage lenders. Through this scheme, it is alleged that TRUDEAU and his co-conspirators submitted false mortgage loan applications to financial institutions to obtain mortgages on various properties in Fairfield County in order to develop and sell the properties for profit, and to pay off debts owed to “hard money” lenders from whom they had previously obtained high interest loans. The mortgage applications, which included false income information and omitted the mortgage applicants’ true indebtedness, caused the financial institutions to issue mortgage loans on properties that TRUDEAU and his co-conspirators would not have otherwise been qualified to purchase, allowing the applicants to qualify for mortgages that far exceeded their ability to repay the loans.
The indictment further alleges that TRUDEAU’s name did not appear on any documentation related to the loans or the properties for which the loans were obtained, and that money was hidden in bank accounts that were not in TRUDEAU’s name, in part to prevent the collection of more than $450,000 in restitution that a court ordered TRUDEAU to pay in July 2003.
Through this scheme, it is alleged that TRUDEAU and his co-conspirators fraudulently obtained more than $3.5 million in mortgage loans.
The indictment charges TRUDEAU with one count of conspiracy commit bank fraud, mail fraud, and wire fraud; two counts of bank fraud; three counts of mail fraud; and three counts of wire fraud. If convicted, TRUDEAU faces a maximum term of imprisonment of 240 years.
An indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Kriz, Bliss, Stevens, and Preston have pled guilty to charges related to their involvement in this scheme. Each awaits sentencing.
This matter is being investigated by the Federal Bureau of Investigation. Citizens with information about this case are encouraged to contact FBI Special Agents McNamara or Bowery at 203-333-3512.
The case is being prosecuted by Assistant United States Attorney Rahul Kale.

In July 2009, the U.S. Attorney’s Office and the Federal Bureau of Investigation announced the formation of the Connecticut Mortgage Fraud Task Force to investigate and prosecute mortgage fraud cases and related financial crimes occurring in Connecticut. In addition to investigating past mortgage fraud schemes, the Task Force will focus on emerging crime trends that are associated with the growing tide of foreclosures, including “foreclosure rescue” schemes, and “short sale” schemes.
Citizens can report mortgage fraud activity by contacting the Connecticut Mortgage Fraud Task Force at 203-333-3512, or by sending an e-mail to ctmortgagefraud@ic.fbi.gov.

The Connecticut Mortgage Fraud Task Force includes representatives from the U.S. Attorney’s Office; Federal Bureau of Investigation; Internal Revenue Service – Criminal Investigation Division; U.S. Postal Inspection Service; U.S. Department of Housing and Urban Development, Office of Inspector General; Federal Deposit Insurance Corporation, Office of Inspector General, and State of Connecticut Department of Banking.

LOS ANGELES—A West Covina woman pleaded guilty today to six federal fraud charges, admitting that she ran a Ponzi scheme that bilked more than 150 victims out of approximately $6.9 million.

Guadalupe Valencia, 46, pled guilty to two counts of mail fraud, two counts of wire fraud and two counts of tax fraud. Valencia pleaded guilty before United States District Judge S. James Otero, who remanded Valencia into custody after she pled guilty.

Valencia ran her scheme out of the Downey offices of companies she called Real Estate & Loan Consultants and R.E. Equity Group, Inc. Beginning in 2001 and continuing through 2009, Valencia promoted two types of investment pools, with one purportedly funding loans to purchase real estate, and a second purporting to fund short-term loans to businesses. According to her plea agreement, Valencia promised high rates of interest in both investment vehicles—from 8 percent to 20 percent in as little as 45 days. Valencia admitted that she falsely told investors that their investments were fully secured, backed by deeds of trust on valuable real estate, as well as promissory notes that equaled “money-back guarantees.”

By pleading guilty, Valencia admitted that the investments she promoted did not generate any profits and that she used newer investor funds to pay original investors. Further, Valencia admitted that she had provided victims with worthless promissory notes that she had created.

In addition to the mail and wire fraud charges, Valencia pled guilty to two counts of subscribing to false tax returns for the tax years 2007 and 2008. In her plea agreement, Valencia admitted that she filed the returns with the Internal Revenue Service knowing that they were false. Specifically, for the 2007 tax year, Valencia failed to report more than $280,000 to the IRS. For the 2008 tax year, Valencia failed to report more than $470,000 on the tax return that she filed.

Judge Otero is scheduled to sentence Valencia on May 23, 2011. At that time, the defendant faces a statutory maximum sentence of 86 years in federal prison and fines totaling $1.5 million.

The investigation of Valencia was conducted by IRS – Criminal Investigation and the Federal Bureau of Investigation.

TAMPA—United States Attorney Robert E. O’Neill announces the return by a grand jury of an indictment charging Diogenes Aguasvivas (age 38, of Tampa) with two counts of wire fraud. If convicted, Aguasvivas faces a maximum penalty of 20 years in federal prison on each count.

According to the indictment, Aguasvivas participated in a mortgage fraud scheme in complicity with a purported financial services company, 4Solutions, Inc. The scheme to defraud involved Aguasvivas applying for mortgage loans and entering into undisclosed inside side agreements that relieved him of his obligation to make mortgage loan payments.

The indictment alleges that Aguasvivas received incentive payments of $5,000 for each mortgage loan he obtained and concealed those payments and other material information from the mortgage lenders. Aguasvivas allegedly made other false and fraudulent representations to the lenders, including with respect to the source of his equity contributions, his assets, and his liabilities.

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Robert Monk.

An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.

Federal Mortgage Fraud Charges Filed Against Five Persons
LAS VEGAS—Five persons were indicted by the federal grand jury today on mortgage fraud charges, announced Daniel G. Bogden, United States Attorney for the District of Nevada.
Lloyd H. Gardley, 56, and Candis Gardley, 53, of Chandler, Arizona; Suzanne McAllister, 32, of Las Vegas; Arcell Mitchell, Jr., 31, of Ft. Riley, Kansas; and Sharon Wagner, 61, of Sun City West, Arizona, are charged with conspiracy to commit bank fraud, mail fraud, and wire fraud, six counts of bank fraud, and criminal forfeiture.
Arrest warrants have been issued for the Gardleys and Mitchell. Defendants McAllister and Wagner were summoned, and are scheduled for an initial appearance before a United States Magistrate Judge in Las Vegas on Friday, June 4, 2010, at 8:30 a.m.
Lloyd Gardley was president, director, secretary and resident agent of Prolific Management, Inc., a Nevada corporation, and registered agent of Avante Conquest, LLC, a Nevada limited liability company. Lloyd and Candis Gardley were managing members of Excel Consulting, LLC, a Nevada limited liability company. Candis Gardley was president and resident agent of Oakhill Management, Inc., a Nevada corporation. McAllister was an assistant escrow officer and notary at Lawyers Title. Mitchell worked as a loan officer for Valley Mortgage Group. Wagner was a realtor for Coldwell Banker Wardley.
The Indictment alleges that from about 2005 to April 2007, the defendants devised a mortgage fraud scheme which involved the use of straw buyers and the submission of false information to financial institutions in order to obtain mortgage loans. The defendants solicited persons to act as straw buyers to purchase real estate, and in some instances, the defendants had the straw buyers purchase multiple houses at or about the same time. The defendants caused to be submitted to the financial institutions mortgage loan applications containing fraudulent information about the straw buyers’ employment, income, assets, liabilities, rental history, value of the property, intent to occupy the homes, social security number, and source of earnest money deposits and costs. The Indictment lists 28 real property sales transactions involving 21 homes sold in Las Vegas between August 25, 2005, and April 18, 2007. Seven of the homes were “flipped” or sold twice within short periods of time. The majority of the homes sold for more than $700,000, and the total value of the mortgages for the 28 transactions was $18.9 million.
If convicted, the defendants face up to 30 years in prison and a $1,000,000 fine on each count, and may be required to forfeit up to approximately $4.2 million.
This investigation is being led by the U.S. Postal Inspection Service and other agencies of the Southern Nevada Mortgage Fraud Task Force, including the FBI, Office of the Inspector General for the Department of Housing and Urban Development, the U.S. Secret Service, the Las Vegas Metropolitan Police Department, and Office of the Inspector General for the Social Security Administration. The case is being prosecuted by Assistant United States Attorney Brian Pugh.
Persons who have information concerning potential mortgage fraud may contact the Southern Nevada Mortgage Fraud Hotline at (702) 584-5555.
This law enforcement action is sponsored by 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.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

ALEXANDRIA, VA—Aaron V. Hernandez, 41, of McLean, Va., was sentenced today to 63 months in prison, followed by four years of supervised release, for running a mortgage fraud scheme that caused more than $4.5 million in losses. Hernandez was ordered to pay more than $4.5 million in restitution and was ordered to forfeit approximately $2.4 million.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia; Shawn Henry, Assistant Director in Charge of the FBI Washington Field Office; and Daniel S. Cortez, Inspector in Charge of the Washington Division of the United States Postal Inspection Service, made the announcement after sentencing by United States District Judge Claude M. Hilton.
On May 21, 2010, Hernandez pled guilty to conspiracy to commit mail fraud and bank fraud. According to court documents, Hernandez was employed by a company in Woodbridge, Va., during 2006 and learned from its employees how to falsify the loan applications of prospective purchasers of vacant, sub-divided lots in North Carolina and South Carolina. The fraud included providing fake employment information and inflating buyers’ income levels, value of the real estate that they owned, or other liquid assets purportedly held by the applicants.
In December 2006, Hernandez struck out on his own and formed mortgage companies in Northern Virginia, using the same fraudulent practices he learned from his previous employer. His businesses grew to more than 10 employees, at least three of whom he conspired with to provide false and fraudulent loan applications to lenders.
Court documents list at least 14 properties that Hernandez financed through these fraudulent practices, all of which eventually resulted in foreclosure. The financial loss suffered totaled more than $4.5 million.
This case was investigated by the FBI Washington Field Office and the United States Postal Inspection Service. Assistant United States Attorneys Mark D. Lytle and Inayat Delawala prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.usdoj.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on http://pacer.uspci.uscourts.gov.

FRESNO, CA—United States Attorney Benjamin B. Wagner announced today that a federal grand jury returned an indictment charging Eric Ray Hernandez, 34, Monica Marie Hernandez, 29, and Evelyn Brigget Sanchez, 27, all of Bakersfield, with conspiracy to commit mail fraud, wire fraud, and bank fraud, and with 15 counts of mail fraud, relating to their alleged operation of a scheme to defraud mortgage lending institutions. The indictment also charges Eric Hernandez and Monica Hernandez with money laundering. The indictment was unsealed Monday following the arrests and initial appearances in court of Eric Hernandez and Monica Hernandez. Evelyn Sanchez’s initial appearance in court was Tuesday.
The indictment alleges that in brokering loans for the purchase or refinance of homes, primarily in the Bakersfield area, the defendants submitted loan applications to lenders containing false and fraudulent information, and caused lenders to fund mortgage loans based on such fraudulent applications. The indictment further alleges that the defendants caused false statements to be submitted to lenders concerning buyers’ income, assets, and liabilities, buyers’ employment status, and buyers’ intent to occupy the properties as their personal residences. Additionally, the defendants are alleged to have submitted false supporting documentation in support of mortgage loan applications, including false pay stubs, false letters purporting to be from the buyers’ tax accountant, false customer letters purporting to support the buyers’ self-employment status, and false verifications of the buyers’ bank funds on deposit. The indictment alleges that the defendants defrauded lenders of in excess of $2.5 million through this scheme.
This case is the product of an extensive investigation by the IRS-Criminal Investigation and the Federal Bureau of Investigation, working jointly through the San Joaquin Valley Mortgage Fraud Task Force. The U.S. Attorney’s Office and the FBI created the San Joaquin Valley Mortgage Fraud Task Force in 2009 to further the prosecution of mortgage fraud cases arising out of the southern half of the Central Valley. The Task Force is comprised of both federal and local law enforcement agents and prosecutors. This case is being prosecuted by Assistant U.S. Attorney Kirk Sherriff.
In a separate mortgage fraud case, the U.S. Attorney’s Office charged Hoda Samuel, 58, of Elk Grove; Connie Devers, 40, of Elk Grove; Dana Faulkner, 43, of Oakland; Charles Robert Maness, 32, of Elk Grove; Tracy Painter, 50, of Lodi; Sean Patrick Gjerde, 34, of Elk Grove; Ronald Burris, 36, of Elk Grove; Ygnacia Bradford, 34, of Oakland; Nicole Dawson, 40, of Oakland; and Daniel Harrison, 40, of San Diego with conspiracy to commit mortgage fraud, mail fraud, and making false statements in mortgage applications to federally insured banks. The 48- count indictment was unsealed yesterday. That case is the product of an investigation by the FBI and the IRS-Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Philip Ferrari.
This law enforcement action is part of the work being done by 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. One component of the FFETF is the national Mortgage Fraud Working Group, co-chaired by U.S. Attorney Wagner.
If convicted of the charges, the defendants face a maximum penalty of 30 years in prison, five years’ supervised release, and a $1 million fine.
The charges are only allegations, and the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

CINCINNATI—A federal grand jury here has indicted six members of a family and one of their employees charging them with operating a mortgage fraud conspiracy between 2004 and 2009.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Keith L. Bennett, Special Agent in Charge, Federal Bureau of Investigation (FBI), Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service Criminal Investigation, and Gerald A. O’Farrell, Assistant Inspector in Charge, announced the indictment returned yesterday against the following individuals:
- Debbie Sferrazza, 45, of West Chester,
- Salvatore Sferrazza, 70, the husband of Debbie Sferrazza,
- Keiron Ashurst, 44, Fairfield, a brother of Debbie Sferrazza,
- Whitney Bonapfel, 21, Cincinnati, a daughter of Debbie Sferrazza,
- James Ashurst, 26, West Chester, a son of Debbie Sferrazza,
- Heather Ashurst, 26, the wife of James Ashurst,
- Tabatha Sturgill, 34, Hamilton, an employee of Debbie Sferrazza.
The indictment alleges that Debbie Sferrazza worked in the mortgage lending and real estate industry through her management of several different companies, including Alpha Mortgage Lending, LLC; Alpha Mortgage Exchange, LLC; S.D.S. Processing LLC (also known as S.D.S. Inc.); and Target Loan Packaging (also known as Target Loan Processing). The indictment accuses the seven of operating a mortgage fraud conspiracy that involved family members and mortgage brokerage businesses from at least 2004 to 2009. The charges center around 14 real estate transactions involving eight residential properties during that time period.
“The 33-count indictment charges the defendants with conspiracy, wire fraud, mail fraud, money laundering, and the filing of false tax returns,” Stewart said.
Each count is punishable by a maximum sentence of 20 years’ imprisonment, except for filing false income tax returns, which is punishable by up to three years’ imprisonment.
According to the indictment, Debbie Sferrazza, Tabatha Sturgill, and the others used their mortgage lending companies to submit fraudulent loan applications for herself, her family, and her customers. The loan applications showed a pattern of inflating the borrower’s income by, among other methods, creating false Verifications of Employment, fake paystubs, fake Social Security benefit letters, and fake W-2 forms. The loan applications sometimes misrepresented the borrower’s assets, supported by fake bank statements or Verifications of Deposit. The loan applications allegedly misrepresented the identity of the mortgage broker or contained forged signatures for the borrower or other names involved in the loan application process. The loan applications sometimes misrepresented whether the property would be used as a primary residence or whether another property had been sold by the borrower.
In one allegation, a false and forged rental agreement was submitted to the lender relating to the property to be purchased. In another instance, property was transferred to an unemployed mother-in-law who had no intention of paying for or ever living in the property. At the closings, the defendants would often misrepresent the source of the borrower’s funds at closing and divert the sale proceeds back through Debbie Sferrazza’s family. The scheme also included the sale of properties at inflated values in order to obtain additional funds from the mortgage lenders.
The gross funds that were allegedly fraudulently obtained in these 14 transactions is in excess of $3 million, and the net amount of funds laundered through the Sferrazza family is allegedly in excess of $900,000.
Stewart commended the investigation which was by the Greater Cincinnati Mortgage Fraud Task Force, primarily through the Federal Bureau of Investigation, the Internal Revenue Service, and the United States Postal Inspection Service.
In addition to the FBI, IRS, and Postal Inspection Service, agencies participating in the Task Force include Ohio Attorney General Rich Cordray’s Office, U.S. Housing and Urban Development Office of Inspector General, the Cincinnati Police Department, the U.S. Secret Service, the Springdale Police Department, Warren County Prosecutor Rachel Hutzel, Hamilton County Prosecutor Joe Deters, the U.S. Attorney’s Office in the Eastern District of Kentucky, the West Chester Police Department, the Middletown Police Department, Hamilton County Sheriff Simon Leis, the FDIC, and the Ohio Department of Commerce Division of Financial Institutions.
Agents began arresting the defendants this morning. They will have an initial appearance before a U.S. Magistrate Judge in Cincinnati later today.
An indictment is merely an accusation. A defendant should be presumed innocent until and unless proven guilty in court.

PREET BHARARA, the United States Attorney for the Southern District of New York, announced that MARINA DUBIN, a real estate paralegal, was sentenced yesterday to two concurrent three-year prison sentences in connection with her involvement in a multimillion-dollar, sub-prime mortgage fraud scheme and another foreclosure rescue scheme. DUBIN, 33, of Brooklyn, New York, pleaded guilty to two counts of conspiracy to commit mail, wire, and bank fraud on June 12, 2008, before United States District Judge RICHARD J. HOLWELL, who also imposed the sentence yesterday in Manhattan federal court.
According to the Indictment, other documents filed in these and related cases, and statements made in court:
The Mortgage Fraud Scheme
From 2004 through January 2007, DUBIN was a paralegal who acted as the bank attorney and settlement agent for numerous loans obtained by the participants in a wide-ranging mortgage fraud scheme. The scheme was led by ALEKSANDER LIPKIN, 31, of Brooklyn, New York, and other participants included mortgage brokers and loan processors who worked at the Brooklyn mortgage brokerage firm AGA Capital NY, Inc. (“AGA Capital”) and its successors, as well as real estate appraisers, loan account executives, a lawyer, straw buyers, and others. DUBIN and her co-defendants submitted loan applications containing false information and material omissions, as well as other false documentation such as bank statements, to obtain loans that otherwise would not have been funded.
During the course of the mortgage fraud scheme, AGA Capital and its successors brokered over 1,000 home mortgages and home equity loans with a total face value of at least $200 million dollars and earned at least $4 million in commission fees on those loans. The various lenders defrauded by the scheme have claimed actual losses of approximately $11.6 million on loans that have completed foreclosure.
Of the 27 defendants charged in this case (United States v. Aleksander Lipkin, et al.), 25 pleaded guilty; one of the defendants, attorney ALEXANDER KAPLAN, 35, of Brooklyn, New York, was found guilty following a jury trial and is scheduled to be sentenced on April 6, 2010.
GARRI ZHIGUN, 33, of Brooklyn, New York, who supervised the operations of AGA Capital and was LIPKIN’s business partner, was sentenced on May 28, 2009, by Judge HOLWELL to 100 months in prison, three years of supervised release, and was ordered to forfeit $2.5 million and pay approximately $11.6 million in restitution.
The Foreclosure Rescue Scheme
From November 2003 through April 2005, MAURICE McDOWALL, 55, of Brooklyn, New York, LIPKIN and DUBIN engaged in a fraud scheme targeting homeowners whose homes, primarily in Brooklyn and Bronx, New York, were in foreclosure or facing foreclosure, by offering them a plan to “save” their homes. The proposed plan included the refinancing of the homeowners’ debt with new, larger mortgages. Because the distressed homeowners typically had poor credit and were not eligible to refinance their debt at favorable terms, the defendants induced them to “sell” their homes to straw buyers, who would apply for loans to be used to “save” the home. The defendants promised that once the straw buyer obtained the mortgage, the proceeds would be used to pay off the homeowners’ old debt and make one year’s worth of payments on the new loans. The homeowners were told that, during that year, they could continue to live in their homes and work on improving their finances and credit. Finally, the defendants explained to the homeowners that, at the end of the year, the title to their homes would be returned to them by the straw buyers, with their credit repaired and their homes saved. There were also cases in which the defendants did not explain to homeowners that the plan to “save” their home required them to deed their house to a third party and did not obtain permission to deed the homes to others. In such cases, the defendants effectively stole the property of the homeowners by forging the homeowners’ signatures on various documents that transferred the homes to straw buyers without the homeowners’ knowledge.
McDOWALL, who directed the daily operations of the scheme, and LIPKIN, a mortgage broker who coordinated the submission of fraudulent information to lenders on behalf of straw buyers, obtained more than 80 home mortgages and/or equity loans valued at over $20 million. In some instances, the defendants failed to make even one payment on the loans, causing the loans to default immediately; in nearly every other case, they eventually failed to make the payments and defaulted on the loans, thereby “cashing out” on the properties. As a result, the distressed homeowners lost the titles to their homes and faced eviction, the straw buyers owed the lenders hundreds of thousands of dollars that they were unable to repay, and the lenders suffered losses from the defaulted loans.
DUBIN served as the settlement agent for the vast majority of the fraudulent loans obtained in the course of the scheme. In that capacity, she organized closings, prepared documents, and disbursed the fraudulently obtained proceeds to various defendants.
McDOWALL was previously sentenced by United States District Judge ROBERT P. PATTERSON to 120 months in prison and three years of supervised release, with 100 hours of community service to be performed in the first year after release. In addition, Judge PATTERSON ordered McDOWALL to forfeit $2.5 million.
Of the three other defendants charged in this case, one pleaded guilty and the other two were found guilty on charges of conspiracy, wire fraud, and bank fraud, following a 12-day jury trial in Manhattan federal court.
LIPKIN was sentenced by Judge HOLWELL for his role in both the mortgage fraud scheme and the foreclosure rescue scheme (United States v. Maurice McDowall, et al.) on June 4, 2009, to 110 months in prison, five years of supervised release, and was ordered to forfeit $7 million and pay approximately $11.6 million in restitution.
In addition to the 36-month prison term, DUBIN was sentenced to three years of supervised release. Judge HOLWELL also ordered DUBIN to forfeit $7 million and pay approximately $11.6 million in restitution.
Mr. BHARARA praised the work of the Federal Bureau of Investigation, the New York City Police Department, and the Department of Homeland Security’s U.S. Immigration and Customs Enforcement. He also thanked the New York State Attorney General’s Office for its role in the investigation.
This case was brought in coordination with President BARACK OBAMA’s Financial Fraud Enforcement Task Force, on which Mr. BHARARA serves as a Co-Chair of the Securities and Commodities 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.
This case is being prosecuted by the Office’s Organized Crime Unit. Assistant United States Attorneys JONATHAN B. NEW, AVI WEITZMAN, JULIAN J. MOORE, and JOHN T. ZACH are in charge of the prosecutions.

BIRMINGHAM—A federal grand jury today indicted a Birmingham woman for fraud in connection with a mortgage loan application, announced U.S. Attorney Joyce White Vance.
The indictment filed in U.S District Court charges MYRA DENISE ROBINSON, 43, with one count of mail fraud and one count of making false statements on a mortgage application to a financial institution.
According to the indictment, the fraud was conducted as follows: In July 2007, Robinson applied for a mortgage loan to purchase a house, and caused the application and supporting documents to be mailed to Washington Mutual. In those documents, Robinson claimed to be receiving disability benefits from the Social Security Administration each month for her own disability or those of her three children. None of them actually received such benefits. If Robinson had accurately reported her income, she would not have been eligible for the mortgage loan.
The maximum sentence for both the mail fraud count and the false statements count is 30 years in prison and a $1 million fine. A notice of forfeiture for $91,000, the amount of the loan fraudulently obtained by Williams, is also sought through this indictment.
The FBI and the inspector general’s offices of the Department of Housing and Urban Development and the Social Security Administration investigated this case. Assistant U.S. Attorney Patrick Carney is prosecuting the matter.
This prosecution is part of President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency 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.
Members of the public are reminded that the indictment contains only charges. A defendant is presumed innocent of the charges and it will be the government’s burden to prove a defendant’s guilt beyond a reasonable doubt at trial.

Two Co-Defendants, Stephen Scott Brown and Tamara E. Scott, Sentenced to 37 Months and 24 Months
INDIANAPOLIS—Robert Andrew Penn, 44, formerly of Indianapolis, was sentenced to seven years in prison late yesterday by Circuit Judge David F. Hamilton for Penn’s part in a multi-million dollar mortgage fraud scheme in the Indianapolis area. Penn had entered guilty pleas to charges of wire fraud, conspiracy to commit wire fraud, and money laundering. Co-defendant Tamara E. Scott, age 50, Indianapolis, was sentenced to 24 months in prison for conspiracy to commit wire fraud and money laundering, and co-defendant Stephen Scott Brown, age 37, Indianapolis, was sentenced to 37 months in prison for conspiracy to commit wire fraud and money laundering.
These sentencings follow a lengthy investigation conducted by Special Agents of the Internal Revenue Service – Criminal Investigation Division with assistance from the Federal Bureau of Investigation. A total of nine individuals have been charged in these schemes. Jerry Jaquess and Timothy Brown were previously sentenced to 30 months and 37 months in prison, respectively, and the remaining cases are currently pending before Circuit Judge Hamilton. The investigation is continuing as to other individuals who were involved in the mortgage fraud schemes.
Between November 2003 and August 2005, at least 136 fraudulent loans, totaling $16,613,850.00, were obtained by Penn and his numerous business entities, assisted by Scott Brown, and others. The loans were obtained from Argent Mortgage Company, The MoneyStation, and People’s Choice Mortgage / Countrywide Home Loans. Penn accepted responsibility for all 136 of these loans.
Penn and his associates owned and operated numerous business entities which were created and used to illegally obtain loans on residential real estate properties in the Indianapolis area. Penn controlled and directed the activities of the other people involved in the illegal activities. Scott was married to Penn during the commission of all of the mortgage fraud crimes, and was involved in the business activities of most of the entities used to purchase, sell and manage properties in the fraudulent transactions. Brown was involved in the mortgage brokerage business and assisted in brokering many of the loans with Argent Mortgage Company and The MoneyStation.
Of the 136 fraudulent loans charged, 39 loans related to the purchase of properties from individual sellers, generally individuals who either did not have their homes listed to sell, or had them listed as “for sale by owner.” These loans totaled over $7,000,000.00 and were all issued by Argent Mortgage Company.
The remaining 97 fraudulent loan transactions charged all relate to the sale of duplexes in the Windsor Village neighborhood, located near Arlington Avenue and 21st Street, on the east side of Indianapolis. These loans totaled over $9,312,000.00 and were funded by Argent Mortgage Company, The MoneyStation and by People’s Choice Mortgage, a warehouse lender in Kentucky who had a correspondent lending agreement with Countrywide Home Loans in California. Countrywide Home Loans purchased all of these loans shortly after they were funded. All of the loans involved in the schemes went into default, and the lenders either foreclosed on the homes or took other action, including granting deeds in lieu of foreclosure or allowing short sales of the properties.
Scott’s involvement in the business included attending closings and signing fraudulent documents, receiving checks for fraudulent loan proceeds, depositing those checks to corporate bank accounts, obtaining cashiers’ checks to pay co-conspirators, and directing others in the disbursements to be made from the corporations. As part of the Windsor Village transactions, Scott, at Penn’s direction, added the names of investors to bank accounts of numerous entities and forged their signatures on bank account signature cards, to make it appear that the investors had assets which they did not have. Scott’s sentence reflected her involvement in approximately 130 fraudulent loans (including all 97 Windsor Village loans). The total amount of those loans was $14,931,300.00. Her total fraud loss was calculated at $6,149,300.00.
Stephen Scott Brown’s participation included filling out false loan applications, obtaining false documents, obtaining inflated appraisals, and submitting the fraudulent loan packages to the lenders, knowing the documents to be false. Brown received $1,500-2,000 for each fraudulent loan which he brokered. He also assisted in funding some of the fraudulent down payments. Stephen Scott Brown’s sentence reflected his involvement in 43 fraudulent loans, including the first 11 Windsor Village loans. The total amount of those loans was $6,575,300.00. The actual loss was calculated at $2,793,412.64.
According to Assistant United States Attorney Susan Heckard Dowd, who prosecuted these cases for the government, Circuit Judge Hamilton also ordered Penn, Scott and Brown to serve three years on supervised release following their incarceration and make restitution as follows:
• Penn: $11,411,722.32
• Scott: $2,793,412.64
• Brown: $11,122,891.82

ALEXANDRIA, VA—Ruben Rojas, 30, of Vienna, VA, was sentenced today to 60 months in prison, followed by five years of supervised release, for leading a mortgage fraud scheme that caused more than $9 million in losses. Rojas was also ordered to pay restitution in the amount of $9.5 million. A lawful permanent resident from Bolivia, Rojas will be turned over to immigration authorities for deportation proceedings following his release from prison.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia; Col. David Rohrer, Fairfax County Chief of Police; and Shawn Henry, Assistant Director in Charge of the FBI Washington Field Office, made the announcement after sentencing by United States District Judge Gerald Bruce Lee. Rojas pled guilty to conspiracy to commit wire and bank fraud on Dec. 22, 2009.
“Ruben Rojas was motivated by one thing—greed,” said U.S. Attorney MacBride. “Nearly every home in this scheme is now in foreclosure, causing scores of homeowners to see big drops in their home equity and banks to lose millions. Mortgage fraud continues to be a big threat in this area, and we hope anyone who learns of potential fraud will report it so we can shut it down.”
According to court documents, Rojas, a real estate agent, was part of a wide-ranging mortgage fraud conspiracy in which he and others secured fraudulent loans for “straw buyers” with good credit to purchase properties for other individuals. Rojas recruited and paid several straw buyers to use their names and credit to secure financing for the properties. The straw buyers signed fraudulent loan applications in order to obtain much larger loans than they were qualified to receive; the loan applications misstated, among other things, the straw buyers’ income, assets, employment, citizenship status, and intent to live in the property. Rojas deposited large sums of money into the straw buyers’ bank accounts, or added the straw buyers to his own bank accounts, to create the appearance that the straw buyers had assets. Rojas also obtained fake bank statements, pay stubs and W-2s to corroborate the false statements in the loan applications.
During the course of the conspiracy, Rojas and his co-conspirators engaged in more than 30 fraudulent property transactions in the Eastern District of Virginia and obtained more than $24 million in mortgage loans to purchase the properties. The straw buyers defaulted on the bulk of the fraudulent loans and the properties either went into foreclosure or were short-sold for sizeable losses. As a result, more than 20 banks and lenders suffered losses in excess of $9 million.
Rojas’ sister, Lourdes Rojas Almanza, pled guilty on Dec. 17, 2009, for her role as a loan officer in the conspiracy. Almanza is scheduled for sentencing on June 4, 2010. Litcia Linares pled guilty on Jan. 8, 2010, for her role as a real estate agent in the conspiracy. Linares is scheduled for sentencing on May 13, 2010. Rojas’ brothers—Grovert Rojas and Jaime Nino Rojas—have also been charged in a superseding indictment, along with 10 straw buyers, for their involvement in the conspiracy. One of the straw buyers, Juan De La Cruz Aguayo, pled guilty on March 18, 2010. Aguayo is scheduled for sentencing on June 11, 2010.
This case was investigated by the Fairfax County Police Department and FBI’s Washington Field Office. Assistant United States Attorneys Charles Connolly and Marla Tusk prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.usdoj.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on http://pacer.uspci.uscourts.gov.