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June 1, 2011

Former Loan Officer Pleads Guilty to 13 Felony Offenses in Two Federal Cases

PHOENIX—Phoenix resident Paige Kinney, aka Jaime Lee Lawler, 42, pleaded guilty in two separate cases in federal district court on Friday. In one case, Kinney admitted to her leadership role in a $40 million mortgage fraud involving Countrywide Home Loans, and in the second case, she admitted to committing bankruptcy fraud, bank fraud, and mail fraud.

“This defendant’s fraudulent activities were pervasive—she targeted financial institutions, she undermined the integrity of the bankruptcy court, and she stole from an insurance company,” said U.S. Attorney Dennis K. Burke. “For those in the real estate and mortgage industry: If you engage in fraud to line your pockets at the expense of others, we will come after you with everything we have. I congratulate the IRS and FBI on a thorough investigation.”

“Today’s guilty plea signifies the continued commitment by the FBI, the Arizona Mortgage Fraud Task Force, and the United States Attorney’s Office in targeting mortgage and bankruptcy fraud,” said John Strong, Federal Bureau of Investigation Acting Special Agent in Charge, Phoenix Division. “The FBI and its law enforcement partners will continue to aggressively pursue those who are involved in these types of fraudulent schemes. Mortgage fraud has greatly impacted the citizens of Arizona over the past few years and will continue to remain a top criminal priority of the FBI.”

Kinney admitted that from January of 2005 through December of 2007, she and others recruited straw buyers to purchase homes the buyers never intended to live in by obtaining mortgage loans the buyers never should have received. Kinney arranged for the loan applications to be submitted with false information about the employment, income, and assets of the buyers so they would qualify for the loans. The loans, totaling almost $40 million, were obtained based on inflated property appraisals. The excess cash totaling $9 million was then diverted to Kinney and her co-conspirators.

Kinney further admitted that she continued her illicit activities while she was pending trial on the mortgage fraud charges. She declared bankruptcy and then attempted to hide assets and liabilities by changing her name. She committed additional financial fraud by arranging for friends to fraudulently obtain a loan to purchase a Mercedes. And she committed insurance fraud by staging a phony burglary of her residence and then collecting $130,000 from Allstate Insurance Company.

Kinney pleaded guilty to a total of 13 felony offenses, many of which each carry a maximum prison sentence of 30 years and a maximum fine of $1 million. In determining an actual sentence, the federal district court judge will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.

Sentencing is set before Judge Neil V. Wake on September 12, 2011. The investigation in this case was conducted by the IRS and FBI. The prosecution is being handled by Kevin M. Rapp and Monica B. Klapper, Assistant U.S. Attorneys, District of Arizona, Phoenix.

May 30, 2011

Disbarred Chicago Lawyer Guilty in Real estate Fraud

CHICAGO—A federal jury convicted a disbarred Chicago lawyer on fraud charges for her role in facilitating staged real estate transactions involving Chicago homes in 2003, federal law enforcement officials announced today. The defendant, Lorie Westerfield, was found guilty on three counts of wire fraud and was acquitted on one additional fraud count by a jury Monday after a week-long trial in U.S. District Court.

Westerfield, 46, of Chicago, acted as a seller’s attorney and title company representative in fraudulent transactions that she knew a co-defendant had arranged to obtain lender proceeds from the fraudulent sales. Westerfield faces a maximum penalty of 20 years in prison and a $250,000 fine on each of the three fraud counts. She remains free on bond while awaiting sentencing, which was set for Aug. 4 by U.S. District Judge Samuel Der-Yeghiayan.

In 2008, following a previous federal conviction involving bankruptcy fraud, Westerfield, voluntarily consented to disbarment.

Westerfield and 11 co-defendants were among 67 Chicago area defendants charged in a dozen separate mortgage fraud cases in June 2008 as part of Operation Malicious Mortgage, a nationwide initiative against fraudulent home-lending schemes. All 11 co-defendants previously pleaded guilty in the case and are also awaiting sentencing. These 11 co-defendants, including five loan officers, admitted to having various roles in a fraud scheme that obtained more than $3.2 million collectively in mortgage loan proceeds from more than a dozen lenders by submitting false loan applications using stolen identities for 17 purported home purchases in Chicago between January 2003 and November 2005. The scheme was orchestrated by defendant Freddie Johnson, who arranged for various co-defendants to appear at staged real estate closings as the purported buyers, sellers, and their representatives, in some instances using the identities of deceased individuals, to obtain the loan proceeds to be paid to the purported sellers and their nominees. Johnson and three other co-defendants testified as government witnesses at Westerfield’s trial.

The guilty verdict was announced by 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 Thomas A. Kelly, Special Agent in Charge of the U.S. Secret Service, Department of Homeland Security.

The government is being represented by Assistant U.S. Attorneys Joel M. Hammerman and Tony U. Iweagwu, Jr.

May 10, 2011

Second Indiana Defendant Sentenced in Mortgage Fraud Scheme

INDIANAPOLIS—Beverly A. Ross, 51, Noblesville, Indiana, was sentenced to 63 months in prison today by U.S. District Judge Larry J. McKinney following her guilty plea to wire fraud and bankruptcy fraud. This case was the result of a several month investigation by the Hamilton County Sheriff’s Office, Hamilton County Prosecutor’s Office, Indiana Attorney General’s Office – Homeowner Protection Unit, United States Trustee, Region 10, and the Federal Bureau of Investigation. Donella Locke, a co-defendant charged with Ross, was sentenced to 71 months in prison on January 27, 2010, following her conviction for wire fraud by a jury guilty verdict in September, 2009.

Ross engaged in a mortgage fraud scheme involving 34 properties ranging in value from $300,000 to $1.4 million. The homes were located in Noblesville, McCordsville, Carmel, Indianapolis, Brownsburg, Zionsville, Westfield, Fishers, Nineveh, and Fortville. Numerous lenders suffered a loss of about $5.6 million dollars as a result of the fraud.

The investigation began in 2005 after a relative of Ross reported that she had used his credit information without his permission. This relative’s credit report showed that properties and vehicles had been purchased and leased using his credit information. The scheme used a false social security number to the lender, and generated false verifications of employment, false verifications of rent, used false business names, and submitted false income amounts. For other properties, Ross represented that repair and rehabilitation work would be done to the properties. No such work was ever done. The false statements to the lenders resulted in them lending money they would not have otherwise loaned. Few payments were made on any of the mortgages obtained on the 34 properties.

Ross also filed five bankruptcy petitions between 2005-2006, the same time period she was engaging in her mortgage fraud scheme. The bankruptcy petitions were designed to immediately stop the foreclosure proceedings on the properties she purchased without permission. Ross never followed up by filing supporting paperwork for the petitions. Victim lenders trying to foreclose had to expend extra time and resources working through the foreclosure proceedings and the bankruptcy filings.

“It is essential that the citizens of this country have confidence that our bankruptcy system works fairly,” stated Nancy J. Gargula, the United States Trustee for Indiana and the Central and Southern District of Illinois (Region 10), “and I am gratified by the actions taken by United States Attorney Morrison and the members of the Bankruptcy Fraud Working Group for Southern Indiana to prosecute those who engage in fraudulent conduct. Today’s sentence sends a strong message that abusing the bankruptcy system will not be tolerated.” Members of the Southern Indiana Bankruptcy Fraud Working Group include representatives of the United States Attorney’s Office for the Southern District of Indiana; Office of the United States Trustee for Indiana and Southern and Central Illinois (Region 10); Federal Bureau of Investigation; Internal Revenue Service; United States Postal Inspection Service; Social Security Administration; and Department of Health and Human Services, among others. The United States Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws.

“This individual engaged in a brazen pattern of deceit to mislead victims out of millions of dollars, and now she is being held accountable for her actions. Protecting the home-buying public from mortgage fraudsters is a high priority for the Indiana Attorney General’s Office, and so we are pleased that the close collaboration with our federal and state colleagues produced a successful outcome in this case,” said Deputy Attorney General Gabrielle Owens, section chief of the Homeowner Protection Unit (HPU) of the Attorney General’s Office.

According to Assistant U.S. Attorney Gayle L. Helart and Bradley P. Shepard , who prosecuted the case for the government, Judge McKinney also imposed three years supervised release following Ross’s release from prison. Ross was ordered to make restitution in the amount of $5.6 million dollars to 21 different victim

April 8, 2011

Brooklyn Rabbi Pleads Guilty to Money Laundering Conspiracy

TRENTON, NJ—Mordchai Fish, the principal rabbi of Congregation Sheves Achim in Brooklyn, N.Y., admitted today to conspiring to launder approximately $900,000 he believed was criminal proceeds, U.S. Attorney Paul J. Fishman announced.

Fish, 58, of Brooklyn, N.Y., pleaded guilty before U.S. District Judge Joel A. Pisano to an Information charging him with money laundering conspiracy.

According to documents filed in this case and statements made in Trenton federal court:

Fish admitted that beginning in early 2008, he met with Solomon Dwek, an individual he now knows was a cooperating witness with the United States. For a fee of approximately 10 percent, Fish agreed to launder and conceal Dwek’s funds through a series of purported charities, also known as “gemachs,” which Fish controlled or to which he had access. Fish admitted that prior to laundering Dwek’s funds, Dwek repeatedly told him the money was the proceeds of illegal activity—including bank fraud, trafficking in counterfeit goods, and bankruptcy fraud.

In order to hide the source of the money, Fish directed Dwek to make the checks payable to several gemachs—including Boyoner Gemilas Chesed, Beth Pinchas, CNE and Levovous—which were purportedly dedicated to providing charitable donations to needy individuals. Once Dwek gave him the checks, Fish passed them to a coconspirator who deposited them into bank accounts held in the names of the purported charities. Fish would then arrange to make cash available through an underground money transfer network. Other individuals, including David S. Golhirsh, Naftoly Weber, Avrohom Y. Polack, Binyamin Spira, and Yoely Gertner, would provide Fish and Dwek with the cash.

Fish admitted that he engaged in approximately 15 money laundering transactions with Dwek, helping to convert approximately $900,000 in checks into more than $800,000 in cash, keeping a cut.

At the time of his arrest, Fish was charged in three separate criminal complaints along with his brother, Rabbi Lavel Schwartz. Weber, Polack, and Spira each pleaded guilty in November 2010 to operating illegal money transmitting businesses, admitting that they transferred thousands of dollars in cash to Fish and Dwek. The charges against Gertner, Schwartz, and Goldhirsh remain pending; Schwartz and Goldhirsh were indicted last week for money laundering conspiracy and related offenses.

The charge to which Fish pleaded guilty carries a maximum statutory penalty of 20 years in prison and a $250,000 fine. In addition, Fish agreed to forfeit approximately $90,000 by the date of sentencing, scheduled for July 28, 2011.

U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Michael B. Ward, and special agents of IRS – Criminal Investigation, under the direction of Special Agent in Charge Victor W. Lessoff, with the investigation leading to today’s plea.

The government is represented by Assistant U.S. Attorney Mark McCarren of the U.S. Attorney’s Office Special Prosecutions Division in Newark.

As for the complaint and Indictment charging Gertner, Schwartz, and Goldhirsh, the charges and allegations are merely accusations, and the defendants are considered innocent unless and until proven guilty.

Defense counsel: Michael Bachner, Esq., New York

Posted By: Ralph Roberts @ 9:56 pm | | Comments (0) | Trackback |
Filed under: Bank Fraud,Bankruptcy Fraud,Money Laundering

April 7, 2011

Tax Preparer, Homebuilder, and Bank Executive Sentenced for Roles in Mortgage Fraud Scheme Involving Luxury Homes

CINCINNATI—Four more participants in a mortgage fraud scheme involving luxury homes in the Cincinnati area have been sentenced in U.S. District Court here for their crimes. Seven people have now been sentenced as a result of the investigation.

Carter M. Stewart, United States Attorney for the Southern District of Ohio; Ohio Attorney General Mike DeWine; Warren County Prosecuting Attorney David P. Fornshell; Keith L. Bennett, Special Agent in Charge, Federal Bureau of Investigation (FBI); Daniel M. McDermott, U.S. Trustee, Region 9; and other Cincinnati Mortgage Fraud Task Force participants today announced the sentences imposed by U.S. District Judge Timothy S. Black.

Eric D. Duke, 36, of Cincinnati, was sentenced today to 60 months in prison and ordered to pay $2,094,609.50 in restitution and forfeiture in the same amount. Duke pleaded guilty on September 14, 2010 to three counts of conspiracy and four counts of lying to a bank (“loan fraud”). Duke was a self-employed tax preparer and interior designer. He also owned a property management company called Rivendale Property Management Group, L.P., in Maineville, Ohio. Duke admitted that he fraudulently obtained more than $6 million in mortgages for four luxury homes by filing fraudulent loan applications in the names of others.

Bernard J. Kurlemann, 57, of Mason, was sentenced on Friday, April 1 to 24 months in prison and ordered to pay $1,115,409.50 in restitution for his role in the scheme in which he was able to walk away from $3.5 million in mortgage debt and in addition receive $500,000 in seller’s proceeds. His restitution order is based on the amount the lenders lost as a result of the fraud.

A jury convicted Kurlemann on November 11, 2010 following an approximate three-week trial on one count of conspiracy to commit loan fraud or lying to a bank and two counts of loan fraud (lying to a bank) in connection with the false statements Kurlemann made on purchase contracts and settlement statements when selling two of his companies’ luxury homes to straw buyers. The jury also convicted Kurlemann of bankruptcy fraud and other crimes connected with lying in his filings in Kurlemann Builders, Inc.’s (KBI) bankruptcy.

Terrence J. Monahan Jr., 36, of Cincinnati, a bank executive who ran the Exclusive Capital Management group at Huntington National Bank and participated in a loan fraud scheme in order to sell his Maineville house, was sentenced April 1 to 18 months in prison, fined $5,000 and ordered to pay $264,000 in restitution. Monahan pleaded guilty on October 28, 2010 to one count of making false statements on documents submitted to the U.S. Department of Housing and Urban Development (HUD).

Others involved in the scheme include:

Bryan Sanneman, 38, of Mason, owner of Sanneman Homes, Inc. Sanneman pleaded guilty on September 3, 2010 to two counts, conspiracy to commit loan fraud or lying to a bank and loan fraud (lying to a bank). He was sentenced on February 8, 2011 to 12 months and one day in prison and ordered to pay $369,000 in restitution.

Pam Sanneman, 62, of Mason, a former Sibcy Cline realtor and mother of Bryan Sanneman pleaded guilty on March 25, 2010 to one count of misprision of felony for knowledge of her son’s crime and failure to report it. She was sentenced on February 8, 2011 to three years’ probation, the first six months to be served on house arrest.

Two of the straw buyers also pleaded guilty to charges connected with their roles in the scheme. Christopher Gagnon, 37, of Florence, Kentucky, pleaded guilty to loan fraud. He was sentenced on February 8, 2011 to one day of time served and three years of supervised release. He was also ordered to pay $930,000 in restitution. Francisca Webster, 46, of Cincinnati, was sentenced today, also to one day of time served and three years of supervised release. Webster pleaded guilty to conspiracy to commit wire fraud.

The charges were the result of a two-year investigation by the Greater Cincinnati Mortgage Fraud Task Force.

Stewart commended the investigation by the Greater Cincinnati Mortgage Fraud Task Force. The Greater Cincinnati Mortgage Fraud Task Force is a multi-agency, multi-jurisdictional initiative dedicated to combating the mortgage fraud problem in the Southern District of Ohio.

The case was prosecuted by Assistant United States Attorney Jennifer C. Barry and Special Assistant United States Attorney Bruce A. McGary of the Warren County Prosecutor’s Office.

March 21, 2011

Denny Hecker Sentenced for Bankruptcy Fraud and Conspiracy to Commit Wire Fraud

Earlier today in federal court in Minneapolis, local auto-mogul Dennis Earl Hecker, age 58, of Medina, was sentenced to 120 months in prison for crimes committed in connection with his scheme to defraud financial lenders and others out of millions of dollars. United States District Court Judge Joan N. Ericksen specifically sentenced Hecker on one count of conspiracy to commit wire fraud and one count of bankruptcy fraud. He was originally indicted on February 10, 2010, and pleaded guilty on September 7, 2010. In addition, Hecker was ordered to pay more than $31 million in restitution. He will remain in custody.

In imposing the sentence, Judge Ericksen said, “The actions you’ve taken are not consistent with someone who can be trusted, and you have not been as truthful as you could have been in the court system. Therefore, you do not get a break. You’re going to get the full 10 years, which is appropriate and necessary. Behaving like a scoundrel is not tolerated in the court system.”

U.S. Attorney B. Todd Jones added, “We are very pleased with today’s sentence. It brings closure to a difficult investigation and prosecution. Although the victims in this case were primarily corporate entities and not individuals, and the losses resulting from the scheme were far less than what we have seen in other recent fraud cases, the severity of the sentence should serve notice that we will aggressively pursue those who lie, cheat, and steal and then seek refuge in the bankruptcy court.”

Following sentencing, Col. Mark Dunaski of the Minnesota State Patrol, which initiated the investigation into this matter, said, “The sentencing of Mr. Hecker marks the end of a long and complicated investigation involving several law enforcement agencies. Complaints from Minnesotans are what prompted the investigation, and we hope there is a sense of justice for the victims impacted by Mr. Hecker and his criminal associates.” The initial complaints were concerning tax, title, and licensing fees that Heckers’ dealerships failed to pay when people purchased vehicles, although those complaints quickly led to the fraud investigation that resulted in federal charges being filed against Hecker and several of his business associates.

For many years, Hecker owned and operated numerous Minnesota auto dealerships and businesses that provided fleet vehicles to car rental companies. Those businesses operated under different corporate names but, collectively, were known as the “Hecker organization.” In his plea agreement, Hecker admitted that from November of 2006 through June of 2009, he conspired with others to defraud Chrysler Financial Services and other commercial lenders from which he and the Hecker organization borrowed money for business operations.

In particular, in the fall of 2007, he conspired with Steve Leach and others to present fraudulent documents to Chrysler Financial in an effort to obtain $80 million in financing for the purchase of 5,000 vehicles from Hyundai Motor America. Among the documents submitted to Chrysler Financial was a letter from Hyundai Motor America that had been altered to benefit Hecker and the Hecker organization. The altered letter was transmitted via interstate wire transfer to Hecker himself, who then provided it to Chrysler Financial, knowing it was fraudulent.

Documents provided to Chrysler Financial also failed to specify the true nature and value of the collateral acquired by Hecker and the Hecker organization to secure the financing requested. Specifically, Hecker omitted details of the incentive payments he and the Hecker organization received from Hyundai Motor America, even though those payments totaled more than approximately $17.2 million and were material to the lender, Chrysler Financial. As a result of those false statements and misrepresentations, Chrysler Financial loaned Hecker and the Hecker organization more than $80 million and ultimately lost more than $10 million.

Ralph S. Boelter, Special Agent in Charge of the Federal Bureau of Investigation’s Minneapolis Field Office, which also worked on the investigation of this case, said, “The FBI works diligently to investigate individuals and businesses that are not truthful with the representations they make to financial institutions. Fraudulent representations are taken seriously by the FBI because the damage that type of criminal activity causes. As in this case, it negatively impacts those individuals and businesses that legitimately seek financing.”

According to Hecker’s plea agreement, he also misled Chrysler Financial into financing Suzuki vehicles. Again, Hecker failed to inform the lender that the Hecker organization had received significant incentives from American Suzuki Motor Corporation. This particular fraudulent conduct was accomplished by removing material portions of Suzuki purchase contracts before providing them to Chrysler Financial.

When Chrysler Financial learned about the missing contract addendums, it insisted on receiving the incentive money. Hecker agreed to turn it over but, instead, continued the fraud scheme by providing the altered Suzuki contract to other lenders, including U.S. Bank, in an effort to obtain financing from them. As a result of those actions, the other lenders suffered a collective financial loss of more than $10 million.

Speaking of the efforts of the IRS agents on worked on this case, Kelly R. Jackson, Special Agent in Charge of the IRS Criminal Investigation Division, St. Paul Field Office, said, “High-ranking corporate officials hold positions of trust not only in their companies but also in the eyes of the public. That trust is broken when such officials abuse their power and commit crimes. With both law enforcement and financial investigation expertise, our agents are uniquely qualified to work with state and federal law enforcement agencies on these types of cases by ‘following the money.’ And we are very pleased with the successful resolution of this investigation due to the cooperative efforts of our law enforcement partners at the FBI and the Minnesota State Patrol.”

The purpose of this fraud scheme, at least in part, was to fund Hecker’s extravagant lifestyle. In an effort to maintain that fraud, Hecker carried out a cover-up and engaged in communications meant to lull creditors. Moreover, in an effort to avoid paying his debts, Hecker filed personal bankruptcy in June of 2009, seeking to discharge, among other amounts owed, the $10 million debt to Chrysler Financial.

After filing bankruptcy, however, Hecker admittedly concealed assets from the bankruptcy trustee. For example, he transferred $33,057 into someone else’s bank account, over which he exercised control. He also transferred approximately $80,000 to that same individual, arranging for that individual to deposit the money, with instructions to return it to him later.

“Criminal bankruptcy fraud threatens the integrity of the bankruptcy system as well as public confidence in that system,” said Habbo G. Fokkena, U.S. Trustee for Minnesota, Iowa, North Dakota, and South Dakota (Region 12). The U.S. Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. Fokkena added, “We deeply appreciate U.S. Attorney B. Todd Jones’s strong commitment to combating fraud and abuse in the bankruptcy system, as demonstrated by this successful prosecution.”

Hecker co-defendants Steven Joseph Leach and James Carl Gustafson were recently sentenced, but Christi Rowan’s sentencing date has not yet been scheduled.

This case was the result of an investigation by the Minnesota State Patrol, the Internal Revenue Service-Criminal Investigation Division, and the Federal Bureau of Investigation. It was prosecuted by Assistant U.S. Attorneys Nicole A. Engisch, Nancy E. Brasel, and David M. Genrich.

Posted By: Ralph Roberts @ 7:33 am | | Comments (0) | Trackback |
Filed under: Bankruptcy Fraud,Loan Fraud,Wire Fraud

March 17, 2011

Springfield Real Estate Agent Pleads Guilty to Concealing Assets in a Bankruptcy Proceeding and Making a False Statement to a Bank

SPRINGFIELD, IL—A Springfield, Illinois real estate agent, Darlene M. Adkins, 65, today entered pleas of guilty to concealing assets in a bankruptcy proceeding and making a false statement to a bank, as announced by Jim Lewis, U.S. Attorney for the Central District of Illinois. Sentencing is scheduled for July 18, 2011.

In court documents and during today’s hearing before U.S. Magistrate Judge Byron G. Cudmore, Adkins, of the 1700 block of Iles Ave., admitted that on May 15, 2006, she submitted false income information on a loan application to a local bank to increase her home equity line of credit. To influence the bank to approve a $40,000 loan extension, Adkins falsely stated that her gross monthly wages, salary, and commissions were $7,000, when Adkins had no income for February, March, April, or May of 2006, and her total income to date for 2006 was $1,610. In a Chapter 7 Bankruptcy Petition, filed on May 10, 2006, five days prior to the loan application, Adkins stated that her income to date was $1,610. Adkins further admitted that when she filed the Chapter 7 Bankruptcy Petition, she concealed her receipt of $166,884.51, the amount paid by an insurance company to replace the contents of her house which were damaged by fire in June 2005.

The charges resulted from a referral by the U.S. Trustee for Indiana and Central and Southern Illinois (Region 10) and an investigation by the Federal Bureau of Investigation in coordination with the Central Illinois Bankruptcy Fraud Working Group. The Bankruptcy Fraud Working Group includes representatives of the U.S. Attorney’s Office for the Central District of Illinois, U.S. Trustee’s Office for Region 10, Federal Bureau of Investigation, Secret Service, U.S. Postal Inspection Service, the Criminal Investigation Division of the Internal Revenue Service, the Department of Health and Human Services, and the Department of Housing and Urban Development. Assistant U.S. Attorney Gregory K. Harris is prosecuting the case.

The statutory penalty for making a false statement on a loan application is up to 30 years in prison and fines up to $1,000,000; for concealing assets, the maximum statutory penalty is five years in prison and fines of up to $250,000. Final sentences are determined by the court. In imposing sentence, the court may consider federal sentencing guidelines, which include a defendant’s criminal history, the amount of loss, and other applicable factors.

The U.S. Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. Region 10 is headquartered in Indianapolis, with additional offices in South Bend, Ind., and Peoria, Ill.

Posted By: Ralph Roberts @ 10:53 am | | Comments (0) | Trackback |
Filed under: Bankruptcy Fraud,Loan Fraud,Loan-Application Fraud,Real Estate Agent

February 5, 2011

Hecker Confidante Sentenced for Lying to Investigators, Helping to Hide a Cadillac

James Carl Gustafson, a 49-year-old former employee of auto mogul Denny Hecker, was sentenced earlier today in federal court in Minneapolis for his role in Hecker’s scheme to defraud financial lenders and others out of millions of dollars. United States District Court Judge Joan N. Ericksen sentenced Gustafson to two years of probation, 120 hours of community service, and a $1,000 fine on one count of making a false statement and one count of mail fraud. Gustafson was charged on September 17, 2010, and pleaded guilty on September 27, 2010.

In his plea agreement, Gustafson admitted that on April 21, 2010, he made a false statement to agents of the Internal Revenue Service-Criminal Investigation Division and the Federal Bureau of Investigation. He told them that in October of 2008, he learned for the first time that a falsified Hyundai Motor America document had been submitted to Chrysler Financial, one of the lenders from which Hecker borrowed money for financing the purchase of fleet vehicles. Gustafson told investigators that there was no intentional fraud committed against Chrysler Financial. In reality, however, Gustafson knew of the scheme to defraud Chrysler Financial as early as November 2007 and knew of the falsified document by early 2008. In addition, Gustafson admitted that on April 20, 2009, he mailed an application to the State of Minnesota to retitle a 2004 Cadillac Escalade in the name of Northstate Financial, knowing the company was nothing more than a shell company. The title transfer was merely a ploy to mask the car’s true owner, Denny Hecker, from creditors, including Chrysler Financial.

At the sentencing hearing, the government concurred in Gustafson’s request for a sentence of probation because of Gustafson’s ultimate cooperation with the government’s investigation after his admissions of guilt.

Hecker is scheduled to be sentenced at 10 a.m. Friday, February 11, 2011, in Minneapolis. He pleaded guilty to one count of conspiracy to commit wire fraud and one count of bankruptcy fraud in connection with the scheme to defraud Chrysler Financial Services and other commercial lenders.

Co-conspirator Steve Leach is scheduled to be sentenced at 9:30 a.m. Tuesday, February 8, 2011, also in Minneapolis.

This case was the result of an investigation by the Minnesota State Patrol, the IRS-Criminal Investigation Division, and the FBI. It was prosecuted by Assistant U.S. Attorneys Nicole A. Engisch, Nancy E. Brasel, and David M. Genrich.

Posted By: Ralph Roberts @ 7:23 am | | Comments (0) | Trackback |
Filed under: Bank Fraud,Bankruptcy Fraud,Financial Fraud,Wire Fraud

January 26, 2011

Attorney Employed by New York City Corporation Counsel Arrested for Mortgage and Real Estate Fraud and Forgery of A Bankruptcy Judge’s Signature

LEV L. DASSIN, the Acting United States Attorney for the Southern District of New York, and JOSEPH M. DEMAREST, JR., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the arrest of HUGH ZUBER — a lawyer employed by the Office of the Corporation Counsel for the City of New York — for fraud, including mortgage fraud, in connection with the purchase and sale of two buildings, and for forging the signature of a bankruptcy judge on a false bankruptcy court order concerning one of the purchases.

According to the criminal Complaint unsealed today in Manhattan federal court:

In April 2006, a property owner in the Bronx retained ZUBER to represent him in the sale of a building. ZUBER arranged the sale of the property to Alana Property Management LLC for $950,000 — but did not disclose to his client that he had created Alana Property, and that his sister managed the company. At ZUBER’s urging, his client agreed to sell the property to Alana Property for $400,000 in cash and a $550,000 ten-year note, purportedly secured by a mortgage, that ZUBER’s client issued directly to Alana. Alana Property then financed the February 2007 purchase of the property in part via a $705,000 mortgage which it obtained based on a loan application that omitted material facts regarding the transaction. Alana Property diverted a portion of those loan proceeds for its own, unrelated purposes, and provided only approximately $400,000 to ZUBER’s client. After the closing, ZUBER made payments for some months on both the mortgage and the note. When ZUBER and Alana Property failed to make payments additional on the note, ZUBER, among other things, presented to the client documents relating to a lawsuit he had purportedly filed against Alana Property in New York State court, and a May 2008 “Order Confirming Plan” that had purportedly been issued in bankruptcy proceedings involving Alana Property. There were in fact no such proceedings in New York State or federal bankruptcy court.

In 2006, ZUBER represented a Spring Valley, New York, property owner in the sale of a house to an individual for $625,000. ZUBER did not disclose to his client that he had a business relationship with the purchaser. At ZUBER’s urging, his client agreed to sell the property to the purchaser for $425,000 in cash and a $200,000 ten-year note, purportedly secured by a mortgage, that ZUBER’s client issued directly to the purchaser. The purchaser then funded the transaction in part via a $500,000 mortgage obtained via a loan application that omitted material facts regarding the transaction. Following the July 2007 closing ZUBER made payments for some months on both the mortgage and on the note. When payments on the note ceased and the seller advised the purchaser that he was in default, the purchaser denied that he had issued a mortgage to the seller. ZUBER then told his client that he had “messed up” and that he would try to make it up to the client, but failed to do so.

ZUBER, 38, of Monsey, New York, was charged with one count of conspiring to commit wire and mail fraud, and one count of forging a judicial signature. The conspiracy charge carries a maximum sentence of 20 years in prison and a fine of $250,000 or twice the gross gain or loss from the offense. The forged judicial signature charge carries a maximum sentence of 5 years in prison and a fine of $250,000 or twice the gross gain or loss from the offense. ZUBER is expected to be presented later today before United States Magistrate Judge THEODORE H. KATZ, in Manhattan federal court.

Mr. DASSIN praised the FBI for its outstanding work in the investigation. He also thanked the Bronx District Attorney’s Office for referring the investigation to the United States Attorney’s Office, and thanked the Rockland County District Attorney’s Office and the New York City Department of Investigation for their assistance.

Assistant United States Attorney MARK D. LANPHER is in charge of the prosecution.

The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

Posted By: Ralph Roberts @ 4:44 pm | | Comments (0) | Trackback |
Filed under: Bankruptcy Fraud,Forgery,Mortgage Fraud,Mortgage Fraud Scheme,Real Estate Fraud

December 5, 2010

Third Person Charged for Role in Foreclosure Rescue Scheme That Involved $725 Million in Mortgages

Defendant Agrees to Plead Guilty After Co-Schemer Pled Earlier This Week
LOS ANGELES—With a new criminal case being filed this morning, federal authorities have now charged three defendants for their roles in a foreclosure rescue scam that promised the owners of hundreds of distressed properties that they could indefinitely postpone foreclosure sales.
Irving Cohen, 74, of Van Nuys, was charged late this morning in United States District Court with two counts of bankruptcy fraud. In a plea agreement also filed today, Cohen admitted his role in the scheme that filed fraudulent bankruptcies to delay foreclosures on more than 1,400 properties that had outstanding loans totaling nearly three-quarters of a billion dollars. As a result of the scheme, which continued through July, numerous lenders lost interest payments on the mortgages for up to three years, and Cohen and his associates collected nearly $550,000 in fees from homeowners.
A second defendant in this case, Robin Phillips, 53, of Claremont, pled guilty on Monday to one count of bankruptcy fraud. Phillips admitted to filing bankruptcies that delayed foreclosure on nearly 500 properties and affected more than $200 million of delinquent mortgages.
A third person allegedly involved in the scheme, Darwin Bowman, 74, of Van Nuys, was indicted in September by a federal grand jury on two counts of bankruptcy fraud. Bowman is currently scheduled to go on trial on February 8.
According to court documents filed in relation to all three cases, Cohen, Phillips, and Bowman were involved in a scheme that recruited homeowners whose properties were in danger of imminent foreclosure and promised to delay the foreclosures for as long as the homeowners could pay.
Once a homeowner paid a fee, typically $1,500 per month, Bowman and Cohen, either directly or through salespersons, had the homeowner sign a deed granting a one-eighth interest in the house to a fictitious person, according to court documents. Without the knowledge of the homeowner, Phillips and others filed a bankruptcy petition in the name of the fictitious person. Armed with the fraudulent bankruptcy petition and the deed in the name of the fictitious person, Cohen and Bowman contacted the mortgage lender to stop foreclosure proceedings. Because the filing of a bankruptcy gives rise to an “automatic stay” that protects a debtor’s property, the filings of the fictitious bankruptcy petitions forced lenders to cancel foreclosure sales and wait for the bankruptcy petitions to be dismissed. The lenders—small businesses, as well as large banks—had to pay lawyers to file motions to dismiss the bankruptcies in order to move forward to collect money that was owed to them.
Cohen started the scheme in late 2006. In 2007, Cohen recruited Bowman to join the scheme, which Bowman allegedly ran for a period in 2008 while Cohen was serving a jail sentence for a fraud conviction in state court. Phillips became involved in the scheme in 2008 after paying for foreclosure-avoidance services from Cohen and offering assistance in exchange for Cohen waiving his monthly fee. The scheme was shut down on July 28 when special agents with the Federal Bureau of Investigation executed a series of search warrants.
“In the wake of the housing crisis, foreclosure-rescue schemes have exploded in popularity, particularly in Southern California, where both homeowners and lenders have been victims of various frauds,” said United States Attorney André Birotte Jr. “Homeowners facing foreclosure need to exercise extreme caution when seeking assistance with their financial problems.”
Steven Martinez, Assistant Director in Charge of the FBI in Los Angeles, commented: “The defendants in this case exploited bankruptcy rules as they methodically victimized lenders in their scheme and targeted vulnerable homeowners while enriching themselves. The FBI will continue to pursue the various forms of fraud plaguing the housing market and urges homeowners to be skeptical when approached by individuals who offer to save their home for a fee.”
Peter Anderson, United States Trustee for the Central District of California (Region 16), stated: “Criminal bankruptcy fraud and, in particular, foreclosure rescue fraud schemes threaten the integrity of the bankruptcy system, as well as public confidence in that system. We deeply appreciate the strong commitment of U.S. Attorney André Birotte Jr. and the Federal Bureau of Investigation to combating bankruptcy fraud and abuse, as demonstrated by this case.”
Cohen will make his initial appearance in United States District Court on December 20.
Phillips is scheduled to be sentenced by United States District Judge John F. Walter on April 4.
The crime of bankruptcy fraud carries a statutory maximum sentence of five years in federal prison.
As for Bowman, it should be noted that an indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until proven guilty in court.
The cases against Cohen, Phillips, and Bowman are the result of an investigation by the Federal Bureau of Investigation, which received substantial assistant from the United States Trustee’s Office.

November 19, 2010

Three Owners of Bankrupt Sunrise Equities Accused of Cheating Hundreds of Investors in $43 Million Ponzi and Bank Fraud Scheme

CHICAGO—Three owners of a bankrupt Chicago real estate development firm that purported to adhere to Islamic law in handling investments from individuals in the Chicago area and nationwide actually operated a Ponzi-scheme that defrauded hundreds of victims and three banks of more than $43 million, according to a federal indictment made public today. The defendants, who owned Sunrise Equities, Inc., allegedly fraudulently obtained more than $40 million from more than 300 investors through the sale of promissory notes and fraudulently obtained more than $29 million in loans from three area banks. The individual victims collectively lost approximately $30 million and the banks lost approximately $13.7 million when the alleged scheme collapsed in the fall of 2008.
Two defendants, Salman Ibrahim, the majority owner, president and chief executive officer of Sunrise, and Mohammad Akbar Zahid, senior vice president of investor relations and a 10 percent owner of Sunrise, allegedly misrepresented that an investment in Sunrise was Shariahcompliant, which meant that investors would not be paid interest on their investments, which is prohibited under Islamic law. Instead, the investors would receive monthly payments consisting of “profit” generated from real estate development. As a result, they solicited and received investments from hundreds of Muslims in the Chicago area and around the country. Ibrahim and Zahid offered and sold purported investments to the public in the form of promissory notes, claiming that investors’ funds would be invested in real estate development only, and they promised annual returns of between 15 and 30 percent, according to 14-count superseding indictment. The charges were returned by a federal grand jury yesterday and announced today by Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, and Robert D. Grant, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation.
“This is the first time in Chicago that an alleged fraud scheme has been uncovered that used a pillar of Islam to induce potential victims to invest their funds. A key element in securing the charges was the extraordinary cooperation provided by members of Chicago’s Pakistani community, who were the primary victims of this alleged fraud scheme,” Mr. Grant said.
Both Ibrahim, 37, a Pakistani national, and Zahid, 59, a U.S. citizen, formerly of Chicago, allegedly fled the country since Sunrise collapsed and was forced into bankruptcy by creditors. They are believed to be living abroad and anyone with information regarding their whereabouts is encouraged to contact the FBI at (312) 421-6700.
Ibrahim and Zahid were charged together with seven counts of mail fraud or wire fraud and one count of bank fraud. Ibrahim was charged alone with two additional counts of bank fraud, as well as two counts of making false statements to financial institutions. Zahid alone was charged with one count of making false statements to a financial institution. The indictment also seeks forfeiture of at least $43.7 million from them.
A third defendant, Amjed Mahmood, 47, of Des Plaines, who was senior vice president of construction and a 10 percent owner of Sunrise, was charged with one count of conspiracy to commit mail, wire and bank fraud. He will be arraigned at a later date in U.S. District Court.
According to the indictment, between January 2003 and September 2008, the defendants engaged in a Ponzi scheme by continually using funds raised through the sale of promissory notes to new investors to make purported “profit” payments to earlier investors, all of which they concealed and intentionally failed to disclose to both new and earlier investors. The defendants allegedly knew that Sunrise was not generating any profits from real estate developments and the only way they could make the promised payments to investors was through the operation of the Ponzi scheme. In addition, they allegedly obtained additional financing by making false statements to obtain loans from Mutual Bank, Cole Taylor Bank and Devon Bank. Altogether, the charges allege that the defendants took in a total of more than $69 million from individual investors and banks during the scheme.
The defendants used a portion of investors’ funds to operate non-real estate projects that were not disclosed to investors, including a motorcycle parts manufacturing company in Pakistan, a gas station in suburban La Grange and a medical equipment sales company in Chicago, the indictment alleges. Ibrahim misused investor funds to purchase a plot of land on which to build a residence for himself, to operate an Islamic school in order to enhance his reputation in the community, and to lease cars for his personal use; Zahid misused investor funds to renovate his personal residence; and Mahmood misused investors’ funds to make mortgage payments for his personal condominium, according to the indictment.
All three defendants allegedly took steps to fraudulently lull investors into believing their investments were doing well, including sending monthly “profit” payments and falsely representing that Sunrise was a successful real estate development company. To obtain additional funds, Ibrahim allegedly arranged for certain investors to refinance their home mortgages in a “cash-out refinance” program so they could further invest their home loan proceeds into Sunrise. The indictment details five examples of unnamed investors who each lost between $120,000 and $300,000 in the alleged Ponzi scheme, including several who refinanced their mortgages to make further investments.
In August 2008, the defendants allegedly organized an emergency investor meeting and falsely told investors that Sunrise needed an additional $1.2 million to continue operating. The defendants allegedly knew, however, that Sunrise had expended all investor funds and had only approximately $200,000 remaining in its bank accounts and had no means to recover more than $40 million in principal that Sunrise owed to its investors.
As part of the alleged bank financing scheme, Ibrahim and Mahmood obtained loans totaling approximately $20.3 million from Mutual Bank to construct a high-rise condominium building at 24 South Morgan St., Chicago. They allegedly submitted false personal financial statements indicating that they each had a net worth of approximately $8.4 million and $1.5 million, respectively, based primarily on their ownership of Sunrise and its real estate projects, knowing that the company and its projects had no value. In June 2007, Ibrahim and Zahid obtained a $7.2 million loan from Cole Taylor Bank to construct high-rise condominiums at Leland and Clarendon avenues in Chicago. They allegedly submitted false personal financial statements reflecting that they had a net worth of approximately $10.4 million and $687,305, respectively, knowing that they had no such personal worth to guarantee the loan. Similarly, Mahmood alone allegedly fraudulently obtained a $1.2 million loan from Devon Bank to build a high-rise condominium building at 2215 Madison St., Chicago.
The government is being represented by Assistant U.S. Attorney Sunil Harjani.
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.
Each count in the indictment, except the conspiracy count against Mahmood, carries a maximum penalty of 30 years in prison and a $1 million fine, and restitution is mandatory. The conspiracy count carries a maximum penalty of five years in prison and a $250,000 fine. The Court may also impose a fine totaling twice the loss to any victim or twice the gain to the defendant, whichever is greater. If convicted, however, the Court must determine a reasonable sentence to impose under the advisory United States Sentencing Guidelines.
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.

November 18, 2010

Georgia Man Sentenced in Mortgage and Bankruptcy Fraud Related to Loans Funded by Failed Bank

ATLANTA—Mark Anthony McBride, 44, a/k/a “Charles Conley,” “Charles Conley, Jr.,” and “Manuel Evans,” of East Point, Ga., was sentenced today by United States District Court Judge Jack T. Camp on charges of conspiracy to commit bank, mail, wire, and bankruptcy fraud. McBride was also sentenced for violating the terms of his supervised release on a prior federal mortgage fraud conviction.
U.S. Attorney Sally Quillian Yates said, “The lengthy sentence imposed in this case reflects the damage this defendant did to dozens of banks, including the now-failed Omni National Bank, as well as his abuse of U.S. Bankruptcy courts in three states from his fraudulent filings designed to delay property foreclosures.”
McBride was sentenced to 16 years and two months in prison, to be followed by five years of supervised release, and ordered to pay $2,197,929 in restitution on the charges related to his latest mortgage fraud. He was also sentenced to a consecutive two years in prison for violating supervised release on his prior mortgage fraud conviction.
McBride pleaded guilty to the new charges and admitted his supervised release violations on April 24, 2009.
According to U.S. Attorney Yates and the information presented in court: In 2001, immediately upon release from prison on a prior bank fraud conviction, McBride began a mortgage fraud scheme that continued until 2002, when he reported for service of another federal prison sentence. In that scheme, McBride used unqualified borrowers to obtain fraudulently inflated loans. When he was released again from prison in November 2006, McBride was placed in a halfway house. The evidence showed that while under supervision at the halfway house, he was able to attend his own fraudulent loan closings. After his release from the halfway house, McBride continued his scheme of obtaining fraudulent mortgage loans, vehicle loans, lines of credit, credit cards, and other extensions of credit in his name, in his aliases, in the names of numerous stolen identities, and in the identities of other unqualified borrowers. These fraudulent loans continued until McBride was arrested in September 2008 for violating his supervised release. Dozens of banks and other lenders, including the now-failed “Omni National Bank,” funded fraudulent loans for McBride.
McBride generated mortgage loan proceeds for himself using inflated valuations for properties securing the loans, and shared those proceeds with his straw borrowers and other conspirators. He was able to retain fraud proceeds by filing eight fraudulent bankruptcy cases in Georgia, Alabama, and South Carolina. The last such fraudulent filing was a May 2008 petition in Atlanta, filed in a bogus name and stolen Social Security Number. The petition falsely stated he had never filed bankruptcy in the past.
Additional Omni-related prosecutions to date include:
• Jeffrey L. Levine, 68, of Atlanta, who pleaded guilty on January 14, 2010, to causing materially false entries that overvalued bank assets to be made in the books, reports, and statements of Omni, is scheduled to be sentenced on May 25, 2010, at 10:00 a.m. before United States District Judge Jack T. Camp.
• Delroy Oliver Davy, 37, of Lithonia, Ga., was charged in a criminal information on December 18, 2009, with bank fraud and conspiracy to commit bank, mail, and wire fraud in connection with a scheme to fraudulently obtain millions of dollars of mortgage loans from Omni and other lenders. A guilty plea is scheduled for May 11, 2010, at 2 p.m. before United States District Judge Jack T. Camp.
• Brent Merrill, 37, of Atlanta, pleaded guilty to making false statements to the Federal Deposit Insurance Corporation (FDIC) and aggravated identity theft on March 23, 2010. When facing foreclosure on 14 properties, Merrill attempted to arrange “short sales” in the names of people whose identities had been stolen to obtain forgiveness from the FDIC of $2.2 million in Omni loan payoffs. He is scheduled to be sentenced on May 25, 2010, at 10:00 a.m. before United States District Judge Jack T. Camp.
These cases are 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.
These Omni-related cases are being investigated by a Mortgage Fraud Task Force comprised of the U. S. Postal Inspection Service, Housing and Urban Development Office of Inspector General (OIG), the Federal Deposit Insurance Corporation-Office of Inspector General (FDIC- OIG), Special Inspector General for the Troubled Asset Relief Program, and special agents of the FBI. Assistance in this case has also been provided by the Office of the U.S. Bankruptcy Trustee.
This case was prosecuted by Assistant U.S. Attorneys Gale McKenzie and Chris Bly.
For further information please contact Sally Q. Yates, U.S. Attorney, or Charysse L. Alexander, Executive Assistant United States Attorney, through Patrick Crosby, Public Affairs Officer, U.S. Attorney’s Office, at 404-581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia is www.usdoj.gov/usao/gan.

November 13, 2010

Jury Convicts Mason Homebuilder for Role in Mortgage Fraud Scheme Involving Luxury Homes

CINCINNATI—A jury in U.S. District Court found Bernard J. Kurlemann, 57, of Mason, guilty of conspiracy and fraud.
Kurlemann participated in a mortgage fraud scheme to deceive lending institutions by agreeing to sell high-end luxury properties to “straw buyers” and submitting false information on purchase contracts and other loan documents regarding down payments that were never made to the defendant’s companies. The defendant benefitted from the fraud by walking away from approximately $3.5 million in mortgage debt and receiving approximately $500,000 in seller’s proceeds.
Carter M. Stewart, United States Attorney for the Southern District of Ohio; Ohio Attorney General Richard Cordray; Warren County Prosecuting Attorney Rachel Hutzel; Keith L. Bennett, Special Agent in Charge, Federal Bureau of Investigation (FBI); Daniel M. McDermott, U.S. Trustee, Region 9; and other task force participants announced the verdict returned today at the conclusion of a trial that began with jury selection on October 20, 2010 before U.S. District Judge Timothy S. Black.
The jury convicted Kurlemann of all counts against him in an indictment returned in January 2010 including one count of conspiracy to commit loan fraud, punishable by up to five years’ imprisonment, and two counts of loan fraud, each punishable by up to 30 years’ imprisonment. The law also requires restitution to the lenders.
The scheme involved “straw buyers”—individuals who would purchase properties in name only. According to testimony presented at the trial, Kurlemann was a homebuilder who was part of the scheme. Kurlemann owned and operated a number of residential development construction businesses, two of which were known as Kurlemann Homes of Long Cove and Long Cove Management, LLC, Mason, Ohio.
The jury also convicted Kurlemann of one count each of bankruptcy fraud, concealment of assets, and making false oaths, for hiding an asset from the bankruptcy trustee and his creditors when his company, Kurlemann Builders, Inc., filed for bankruptcy in 2008. Those crimes are each punishable by five years’ imprisonment. Three others charged with Kurlemann in January 2010 have pleaded guilty.
Eric D. Duke, 36, Newport, Kentucky pleaded guilty on September 14, 2010 to three counts of conspiracy, and four counts of fraud. Duke is a self-employed tax preparer and interior designer. He also owned a property management company called Rivendale Property Management Group, L.P., in Maineville, Ohio.
Terrence J. Monahan Jr., 36, Cincinnati, formerly with Huntington National Bank, pleaded guilty on October 18, 2010 to one count of making a false statement to the U.S. Department of Housing and Urban Development.
Bryan Sanneman, 38, of Mason, owner of Sanneman Homes, Inc. pleaded guilty on September 3, 2010 to two counts of conspiracy to commit loan fraud. All three are awaiting sentencing.
The charges were the result of a two-year investigation by the Greater Cincinnati Mortgage Fraud Task Force. Judge Black has set sentencing for February 9, 2011.
Two of the straw buyers also pleaded guilty to charges connected with their roles in the scheme. Francisca Webster, 46, of Cincinnati, pleaded guilty to conspiracy to commit wire fraud. Christopher Gagnon, 37, of Florence, Kentucky pleaded guilty to loan fraud.
Stewart commended the investigation by the Greater Cincinnati Mortgage Fraud Task Force. The Greater Cincinnati Mortgage Fraud Task Force is a multi-agency, multi-jurisdictional initiative dedicated to combating the mortgage fraud problem in the Southern District of Ohio.
The case was prosecuted by Assistant United States Attorney Jennifer C. Barry and Special Assistant United States Attorney Bruce A. McGary of the Warren County Prosecutor’s Office.

October 25, 2010

Fraudster Sentenced in Manhattan Federal Court to 20 Years in Prison for Perpetrating Multi-Million-Dollar Advance-Fee Scheme and Bankruptcy Fraud

PREET BHARARA, United States Attorney for the Southern District of New York, announced that CLYDE “PETER” HALL was sentenced today in Manhattan federal court to 20 years in prison for defrauding investors of millions of dollars by fraudulently promising them access to high-yield investment programs and bank instruments with purported high rates of return. HALL, who decades ago played football for the New York Giants, was also sentenced on separate charges of bankruptcy fraud. The sentence was imposed by U.S. District Judge RICHARD J. SULLIVAN.

Manhattan U.S. Attorney PREET BHARARA said: “Today’s sentence reaffirms our commitment to prosecute anyone who targets the innocent through advance-fee schemes or attempts to manipulate the bankruptcy system to the disadvantage of the unsuspecting. This office will continue to work with our law enforcement partners to protect victims of fraud and intercept those who would seek to perpetrate them.”

According to the Indictment to which HALL pled guilty, documents filed in this case, and statements made in court:

HALL held himself out as the “representative” or “attorney-in-fact” of two purported business trusts and told his victims that in exchange for upfront or advance fees he could obtain various bank instruments worth hundreds of millions of dollars which could be used as collateral for loans or to fund trading in high yield investment programs.

Despite HALL’s promises to victims that the advance fees were completely refundable, and that he had over a decade of success promoting these investments, HALL used the advance fees to pay personal and family expenses and for the benefit of his co-conspirators. At the time of his arrest, HALL possessed fake bank letters of credit or bank guarantees on paper bearing the logos of well-known international banks, including UBS AG, ABNAMRO, Citibank, J.P. Morgan Chase Bank, Bank of America, and Sumitomo Mitsui Banking Corporation.

In addition to the advance-fee scheme, HALL also committed bankruptcy fraud. Specifically, In April 2003, HALL and his wife ANNE TORSELIUS HALL signed a $5,800 per month, one-year lease for an apartment occupying the top three floors of a five-story brownstone building on Manhattan’s Upper West Side. In November 2003, the HALLs stopped paying rent to the owner of the apartment (the “Owner”) and refused to move out when the lease expired in May 2004. Between August 2004 and December 2004, and after the Owner successfully obtained an order for the HALLs’ eviction, CLYDE HALL filed or caused to be filed a series of last-minute bankruptcy petitions in U.S. Bankruptcy Court for the Southern District of New York, which contained false representations, for the purpose of halting the eviction proceeding and allowing him to remain in the apartment without paying rent.

The HALLs eventually moved out of the apartment in early January 2004, and into a new, $9,500 per month apartment on the Upper West Side. By that time, the HALLs owed the Owner approximately $81,200 in rent, which they never paid. At the same time, CLYDE HALL caused a total of approximately $78,000 to be paid to his new landlord for alterations to the new apartment and to pre-pay a significant amount of the rent.

HALL, 71, pled guilty to one count of conspiring to commit wire fraud and five counts of substantive wire fraud on April 20, 2009, in connection with the advance-fee scheme. On November 4, 2009, HALL pled guilty to one count of conspiracy to commit bankruptcy fraud. HALL’s wife, ANNE TORSELIUS HALL, 45, pled guilty on November 3, 2009, to a charge related to HALL’s bankruptcy fraud scheme and is scheduled to be sentenced on November 3, 2010.

In addition to the prison term, Judge SULLIVAN sentenced HALL to three years of supervised release and ordered HALL to forfeit $4.275 million and to pay over to $1.9 million in restitution.

During the sentencing proceeding, Judge SULLIVAN said that HALL left a “wake of wreckage” and that he crafted the sentence to “send a message about what will be tolerated and what will not be tolerated.”

Mr. BHARARA thanked the FBI, the IRS-CID, USPIS, the Office of the U.S. Bankruptcy Trustee for the Southern District of New York, and the U.S. Attorney’s Office Criminal Investigators for their assistance in the case.

These cases were 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 handled by the office’s Complex Frauds Unit. Assistant U.S. Attorney THOMAS G. A. BROWN is in charge of the prosecution.

Posted By: Ralph Roberts @ 3:56 pm | | Comments (0) | Trackback |
Filed under: Bankruptcy Fraud,Wire Fraud

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 7, 2010

NATIONAL MORTGAGE FRAUD SWEEP TAKES IN TWO BIRMINGHAM FRAUD RINGS

The U.S. Attorney’s Office for the Northern District of Alabama is currently prosecuting two mortgage fraud rings that have affected 125 properties in the Birmingham Metro Area and caused nearly $4 million in losses to banks and lending institutions, U.S. Attorney Joyce White Vance announced.

Working as part of Operation Stolen Dreams, the national mortgage fraud crackdown announced today by Attorney General Eric Holder, Vance said 12 defendants in the two Jefferson County mortgage fraud rings have been charged, sentenced or pleaded guilty since March 1 when the national sweep began.

Operation Stolen Dreams 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. Nationwide, since the sweep began it has involved 1,215 criminal defendants, including 485 arrests, who are allegedly responsible for more than $2.3 billion in losses. Additionally, the operation has, to date, resulted in 191 civil enforcement actions which have resulted in the recovery of more than $147 million.

“Mortgage fraud not only damages our banks and credit unions, this crime can affect the very core of our neighborhoods and communities,” Vance said. “We have seen first-hand that as a property goes into foreclosure, surrounding homes are harmed by lowered property values. Many times the foreclosed properties become abandoned, and these vacant houses then become the source of new criminal offenses such as vandalism, or drug-related activities. We are determined to aggressively seek out these frauds and prosecute their perpetrators,” she said.

The mortgage fraud rings currently being prosecuted in Birmingham involve various schemes of deception. Some schemes involve false statements of income and assets on loan applications. In other schemes, the seller makes an up-front payment to the buyer of rental property and promises to supply tenants eligible for government rent subsidies. Then, when the properties can’t be rented, buyers are stuck with depressed properties they can’t afford.

Of the 12 defendants involved in the two rings, 8face pending charges, two have been convicted and sentenced, and two have pleaded guilty and are awaiting sentencing.

The FBI, the Department of Housing and Urban Development’s Office of Inspector General and the Social Security Administration’s Office of Inspector General investigated these mortgage fraud rings and worked with Assistant U.S. Attorney Patrick Carney to bring them to prosecution, Vance said.

“Those who perpetrate mortgage fraud not only damage lending institutions, real estate professionals and the financial health of our communities – they also victimize a significant number of homeowners in the U.S. every year,” said FBI Special Agent in Charge Patrick J. Maley. “As these cases highlight, the FBI, along with our local, state and federal partners, are addressing this crime on a local level to protect the financial health of our country as well as individual citizens,” Maley said.

“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.”

The local mortgage fraud ring led by TIMOTHY JOHNSON hit lenders the hardest, causing $2.5 million in failed mortgages on about 45 properties in Fairfield, East Lake, inner-city Birmingham and Bessemer. Loans have been foreclosed on about 75 percent of those homes. Johnson and nine other individuals have been charged in connection with this mortgage fraud ring.

Johnson, 45, of Bessemer, is charged with two counts of making false statements on a loan application, two counts of mail fraud against a financial institution and one count of false statements to federal agents. The nine other defendants connected to the case all face charges that they supplied false information or documents, including letters claiming Social Security disability payments, in their mortgage loan applications.

Johnson, as the center of the fraud, would approach people attempting to sell their homes and discover what price they wanted. He would do minimal work on the homes, have them appraised and then attach a “mechanics lien” against the property for the difference between the appraised value and what the owner wanted for the house. Johnson would then proceed to find buyers, spreading the word that he could help individuals improve their credit or get approved for a mortgage loan.

His means of helping people secure loans often involved the creation of fraudulent letters purporting to show that the loan applicant received monthly disability payments from the Social Security Administration. Once loans were issued, based on the false claims of disability income or false credit claims, Johnson would realize his profit from the scheme. He would be paid the amount of the liens he placed on the properties.

Among the nine other defendants charged in connection to Johnson’s fraud scheme was a Social Security Administration employee, Pamela Terrell. Terrell was charged with aiding and abetting the fraud. She provided Johnson with several disability award letters that fraudulently purported to be from the Social Security Administration, and which were used to obtain loans for otherwise ineligible loan applicants.

A second ring being prosecuted in this office was led by AL CARSON ROCKETT, 33, of Birmingham, who pleaded guilty in February to mail fraud. Those charges were connected to a mortgage fraud scheme that involved about 80 properties and totaled $1,090,046. Rockett was sentenced June 3 to 15 months in prison.

Rocketts’ frauds took various forms as he adapted to changing banking and funding rules associated with mortgage loans. His initial scheme involved altering documents to make it appear that the home buyer already owned the home and was seeking to refinance the mortgage. He was assisted in this scheme by JERRY EUGENE PARKER, who owned Central Alabama Title Company. Parker, 59, of Hoover, was charged in April with two counts of aiding and abetting mail fraud.

Rockett resold houses he bought at foreclosure auctions. He made minimal improvements on the houses, then obtained artificially high appraisals. He recruited buyers with assurances that the houses could be investments, promising to find tenants through the government’s subsidized rent program and claiming the rent would cover the mortgage and provide some profit. Tenants rarely were found.

Once Rockett had buyers, Parker would change the title of the property into the buyer’s name before the sale was made. This allowed the new buyer to appear as the current owner of the property seeking a refinance, rather than a new mortgage loan. The loan requested would be 20 percent less than the appraised value, giving the appearance that the owner had at least 20 percent equity in the home, and making the loan more likely to be approved.

Rockett made his illicit profit in the difference between the inflated loan amount and his original purchase price. This refinance scheme also allowed him to avoid down-payment or other costs associated with an original mortgage loan.

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.

April 6, 2010

Bethesda Mortgage Broker Indicted in Scheme to Defraud Lenders, Family, and Others of Over $2.8 Million

BALTIMORE—A federal grand jury has indicted Douglas Skibicki, age 41, of Bethesda, Maryland, on charges of mail fraud, aggravated identity theft, and bankruptcy fraud, in connection with a mortgage fraud scheme in which he allegedly defrauded lenders, family, and others. The indictment was returned on March 31, 2010 and unsealed today upon Skibicki’s arrest.

The indictment was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Chief William J. McMahon of the Howard County Police Department; Special Agent in Charge Richard A. McFeely of the Federal Bureau of Investigation – Baltimore Field Office; Special Agent in Charge Barbara Golden of the United States Secret Service – Baltimore Field Office; and Special Agent in Charge Ken Taylor, Jr. of the Housing and Urban Development Office of Inspector General – Office of Investigations.

According to the nine-count indictment, Skibicki was a mortgage originator and/or broker for a company which operated in Laurel, Maryland. The indictment alleges that from April 2006 through August 2009, Skibicki, with the assistance of an appraiser and others, participated in a scheme to defraud lenders, family members, and others through a series of real estate transactions.

For example, Skibicki and Family Member 1 owned property at 5870 Deer Ridge Lane in Elkridge. On June 2, 2006, Skibicki allegedly submitted a loan application for $350,000 to refinance 5870 Deer Ridge Lane, in the name of Family Member 2. The loan application indicated that title to the property would be held by Skibicki, Family Member 1 and Family Member 2.

According to the indictment, Skibicki allegedly added Family Member 2 to the title of the property without consulting or obtaining the approval of either Family Member 1 or 2. To facilitate the loan application, the appraiser working with Skibicki allegedly prepared an appraisal indicating that there was a 2,040 square foot home on the property and included a description of the home and photographs purporting to be of the front and back of the home. In fact, there was no home on the property, which was a vacant lot. The indictment alleges that the loan application submitted by Skibicki on behalf of Family Member 2 also contained several false statements as to Family Member 2′s employment, income, and current address.

Further, the indictment alleges that in an attempt to conceal the fact that 5870 Deer Ridge Lane was a vacant lot and instead make it appear that there was a home on that property, and also to make it appear that Family Member 2 was earning rental income from leasing that home, Skibicki caused a fraudulent Single Family Dwelling Lease to be provided to the lender, falsely indicating that 5870 Deer Ridge Lane had been rented for a one-year term beginning on January 1, 2006, for a monthly rent payment of $2,875.

A former co-worker and longtime friend of Skibicki was listed on the lease as the real estate agent who had negotiated it, and Family Member 2 was identified on the lease as one of the landlords/owners of 5870 Deer Ridge Lane. According to the indictment, the signatures of the real estate agent and Family Member 2 were forged on this lease and neither individual had any knowledge of, or involvement with, this purported lease. Based on the fraudulent information provided by Skibicki, the lender provided a loan of $350,000 in the name of Family Member 2. The indictment alleges that the signatures of Family Members 1 and 2 were forged on the settlement statement.

The indictment alleges that Skibicki obtained mortgages on five additional properties in the names of family members and others. According to the indictment, in each instance the loan application contained false statements as to the family members and others whose names Skibicki used on the application. In some instances, the family members and others allegedly had agreed to allow Skibicki to use their names, with Skibicki promising that he would make the payments and/or remove their names from the property after some specific amount of time. However, the indictment alleges that the family members and others often had no idea that Skibicki had used their name and personal information to facilitate the transactions. The indictment further alleges that five of the properties went into foreclosure after Skibicki failed to make the promised loan payments. According to the indictment, Skibicki received loans worth $2,829,971 as a result of the scheme.

According to the indictment, after Skibicki had failed to make payments on a mortgage he had obtained in the name of a Family Member 3, the lender instituted foreclosure proceedings and the property was scheduled to be put to auction on August 11, 2009. The indictment alleges that in order to conceal his scheme, Skibicki caused a Chapter 13 bankruptcy petition to be filed on August 11, 2009, in the name of his friend, who was a co-owner of the property, in order to stop the auction of the property.

Skibicki faces a maximum sentence of 20 years in prison and a fine of $250,000 or twice the gross loss or gain of the offense, if greater than $250,000, on each of six counts of mail fraud; a mandatory two years in prison, consecutive to any other sentence, on each of two counts of aggravated identity theft; and a maximum of five years in prison for bankruptcy fraud. Skibicki had his initial appearance today at 2:30 p.m. in U.S. District Court in Baltimore and was released under the supervision of U.S. Pre-trial Services. As a condition of his release Skibicki is prohibited from working in the financial services industry. He is scheduled to be arraigned on April 16, 2010 at 2:00 p.m.

U.S. Attorney Rod J. Rosenstein recognized Howard County State’s Attorney Dario Broccolino and Chief J. Thomas Mangers of the Montgomery County Police Department, and their offices, for their assistance in this investigation and prosecution.

In a related action, Mark Kaufman, Deputy Commissioner of the Maryland Department of Labor, Licensing and Regulation’s Division of Financial Regulation issued a Summary Order to Cease and Desist against Skibicki today, prohibiting him from engaging in any further credit services business activities and/or foreclosure consultant activities with Maryland residents.

An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.

The Maryland Mortgage Fraud Task Force was established to unify the agencies that regulate and investigate mortgage fraud and promote the early detection, identification, prevention, and prosecution of mortgage fraud schemes. This case, as well as other cases brought by members of the Task Force, demonstrates the commitment of law enforcement agencies to protect consumers from fraud and promote the integrity of the credit markets. Information about mortgage fraud prosecutions is available at http://www.usdoj.gov/usao/md/Mortgage-Fraud/index.html.

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.

Posted By: Ralph Roberts @ 12:13 am | | Comments (0) | Trackback |
Filed under: Bankruptcy Fraud,Maryland,Mortgage Fraud,Mortgage Fraud Task Force

February 10, 2010

Bankruptcy Trustee Files $300 Million Dollar Malpractice Complaint

The trustee in a bankruptcy case tied to a multimillion-dollar mortgage fraud allegation has filed a malpractice complaint against the debtor’s brother and is seeking more than $300 million in damages.

Derek Henderson is the trustee in bankruptcy cases filed by Chris Evans of Madison County and his companies. Evans’ brother, Charles Evans, is a Jackson lawyer who handled title work for Mississippi Valley Title Co. in several of the land transactions alleged to be part of the fraud.

The FBI and U.S. attorney’s office are investigating the allegations. John Colette, the Evans brothers’ attorney in any possible criminal case, said no charges have been filed against either brother.

In his Jan. 27 complaint, Henderson alleges Charles Evans failed Chris Evans in several ways and is asking a judge to award $50 million in damages, in addition to punitive and special damages to be determined by the judge.

Tylvestor Goss, Chris Evans’ bankruptcy attorney, would not comment.

Henderson was ill Monday and could not be reached for comment. Judge Neil Olack has given Charles Evans, who is representing himself, until March 1 to respond to Henderson’s complaint.

In court documents, the brothers have been accused of getting multiple loans from various banks on individual properties, including a part of Highland Colony Parkway. Each bank believed itself to be the sole lienholder.

In his complaint, Henderson alleges Charles Evans failed to protect the assets of the companies and Chris Evans. Henderson also alleges Charles Evans allowed money and assets to be “commingled and misappropriated.”

In the filing, Henderson said Charles Evans should have known his actions were a breach that would harm his brother, the companies and their creditors.

Mississippi Valley Title issued policies insuring the accuracy of titles involved. At least $41 million in claims have been filed against Mississippi Valley Title and its parent company, Old Republic National Title Insurance Co.

Charles Evans has not filed bankruptcy, but he and his brother were both named in lawsuits filed by several banks.

After Chris Evans filed bankruptcy in October, more than 30 companies the Evans brothers set up or controlled also filed Chapter 7 bankruptcy.

Several banks in the case are asking the judge to lift the stay that prevents them from moving forward with the individual properties tied to their loans.
Henderson, however, has filed a motion asking the judge to allow him to sell the land on the open market.

Posted By: Ralph Roberts @ 11:50 pm | | Comments (2) | Trackback |
Filed under: Bankruptcy Fraud,Bankruptcy Malpractice,Mississippi

January 8, 2010

Philly Lawyers Indicted for Money Laundering

In US law, Money Laundering is the practice of engaging in financial transactions to conceal the identity, source, or destination of illegally gained money. It is the process of creating the appearance that large amounts of money obtained from serious crimes, such as real estate fraud, originated from a legitimate source. Today its definition is often expanded by government and international regulators to mean any financial transaction which generates an asset or a value as the result of an illegal act.

Jeffrey Bennett and Stephen Doherty of Doylestown-based Bennett & Doherty are charged with conspiracy to commit mail and wire fraud and conspiracy to commit money laundering and Doherty is also charged with bankruptcy fraud.

Two partners in a Pennsylvania law firm have been federally indicted along with three other defendants including two mortgage company owners in a wide-ranging alleged real estate fraud scheme.

Federal prosecutors in Philadelphia say the $14.6 million scheme involved 35 fraudulent loans, real estate deals in which purchases were made by straw buyers and false promises of help to homeowners trying to stave off foreclosure.

If convicted, Doherty could get a maximum of 385 years in prison and $4 million in fines and Bennett faces as much as 240 years and $3.2 million in fines.

“These are allegations. And now you have others wanting to join in hoping they hit a lucky number too,” says Bennett’s lawyer, George Bochetto of Bochetto & Lentz in Philadelphia. “Jeff Bennett is a fine, fine attorney who’s always worked hard on behalf of homeowners in tough situations.”