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June 5, 2011

Philadelphia Man Charged in $6 Million Ponzi Scheme

Ira J. Pressman was charged today by information in connection with a Ponzi scheme that defrauded 20 investors out of more than $6 million, announced United States Attorney Zane David Memeger. The charges include one count each of wire fraud, mail fraud, and money laundering. The information alleges that since 2006, Pressman ran a company called PJI Distribution Corporation that purported to purchase and sell closeout and overstock merchandise. Pressman solicited individuals to invest in these closeout deals, promising investors no risk returns of up to 100 percent annually. Unbeknownst to the investors, however, most of these closeout merchandise deals were fictitious. Pressman instead used new investor’s money to pay returns to the old investors.

Information Regarding the Defendant
Name: Ira J. Pressman
Address: Bala Cynwyd, PA
Age or Year of Birth: 1947

If convicted of all charges, the defendant faces a maximum possible sentence of 60 years in prison, a fine of $1 million, three years of supervised release, and a $300 special assessment.

The case was investigated by the Federal Bureau of Investigation, the United States Postal Inspection Service, and the Montgomery County District Attorney’s Office. It is being prosecuted by Assistant United States Attorney Leo R. Tsao and Special Assistant United States Attorney Steven Latzer.

Posted By: Ralph Roberts @ 9:27 am | | Comments (0) | Trackback |
Filed under: Mail fraud,Money Laundering,Ponzi Scheme,Wire Fraud

June 3, 2011

Denver Investment Advisor Pleads Guilty to Conspiracy to Commit Securities and Mail Fraud and Money Laundering

DENVER—Philip R. Lochmiller, Jr. pled guilty yesterday afternoon to conspiracy to commit securities and mail fraud and money laundering, U.S. Attorney John Walsh, FBI Special Agent in Charge James Davis and IRS – Criminal Investigation Special Agent in Charge Christopher M. Sigerson announced. Lochmiller, Jr. entered his guilty plea before U.S. District Court Judge Philip A. Brimmer. Judge Brimmer has not yet scheduled a sentencing hearing date for Lochmiller, Jr., although he did state that the sentencing hearing will take place in Grand Junction. The defendant appeared at the hearing free on a $100,000 unsecured bond.

According to the stipulated facts contained in the plea agreement, Valley Mortgage, Inc. was incorporated in Colorado in September 1994 by Philip Lochmiller, Sr. The company originally engaged in the business or originating or brokering home mortgages. Lochmiller, Jr. owed 100 percent of Valley Mortgage’s stock and was principal, officer and director. Lochmiller, Sr.’s stepson, Philip Lochmiller, Jr., joined Valley Mortgage in 1999 as a mortgage officer. Lochmiller, Sr. then changed the name to Valley Investments. Lochmiller, Jr. eventually worked his way to become responsible for day-to-day operations of the company. Beginning in 2000, Valley Mortgage entered into the “affordable housing” real estate market by buying vacant land or existing mobile home parks, entitling the land so residential subdivisions could be built, and then selling lots with either a mobile home or a manufactured home on it.

Valley Investments could not secure traditional sources of funding for their projects, primarily because Lochmiller, Sr. had a prior fraud conviction and a bankruptcy. Instead, the company often purchased land with financing provided by the sellers in a “owner-carry” arrangement. Valley Investments then began to advertise in local newspapers and solicit investment funds from the public. The company promised returns from 10 percent to 16 percent, and in some instances, as high as 18 percent. In exchange, investors were promised a promissory note and a recorded first “Deed of Trust” on individual lots. Investors were also promised that the lot values would be “verified by a licensed appraiser.” The advertisements and verbal representations by both of the Lochmillers characterized the investment as a “solid security” secured and recorded by a Deed of Trust in the investor’s name. Both of the Lochmillers represented to investors that Valley Investments used investor funds exclusively to acquire property and finance the development of the subdivisions Valley Investments owned. Both the Lochmillers further represented that Valley Investments generated large profits by selling manufactured homes together with lots within the subdivisions. Investors were not told about Lochmiller Sr.’s prior felony conviction or bankruptcy.

Between 2000 and 2005, Valley Investments acquired five properties purportedly to develop “affordable housing” subdivisions. Between 2000 and 2009, Valley Investments received over $30,000,000 from approximately 420 investor contracts. The government’s expert forensic accountants shows that this influx of investor funds kept Valley Investments operating, particularly in its later years, and without investor funding, Valley Investments would have failed. The government accounting analysis also determined that investor funds were used by both of the Lochmillers for purposes other than what investors were told. Further, incoming investor funds were used to make interest and principal payments to existing investors. Once investor money started coming into Valley Investments, the funds went to personal expenses, family expenses and other non-business expenditures. Lochmiller, Jr. then engaged in monetary transactions involving more than $10,000 of the proceeds of the fraud.

Valley Investments did not own sufficient property or assets to secure the investments as represented. Unbeknownst to investors, the amount of investment funds, which were supposed to be secured by real property, far exceeded the value of the encumbered property and the business assets. Valley Investments failed to file all of the Trust Deeds and behalf of investors as promised, and many of the filed Trust Deeds were not the first encumbrances on the properties named and were thus worthless. Despite these facts, the Lochmillers and Valley Investment employee Shawnee Carver continued to misrepresent to investors that the business was thriving, and never disclosed to new investors how their money was being used.

“In cases like this, where investment schemers who take people’s hard earned money—particularly their retirement money—on the basis of false promises and representations, federal law enforcement and the U.S. Attorney’s Office will prosecute them aggressively,” said U.S. Attorney John Walsh. “We will prosecute criminals who steal with the pen and the computer with the same vigor as we prosecute criminals who steal by other means.”

“This guilty plea reflects the tremendous dedication of our agents and the cumulative commitment of the FBI, U.S. Attorney’s Office, and IRS – Criminal Investigation to aggressively investigate and prosecute white collar criminals that prey on innocent victims,” said FBI Special Agent in Charge James Davis. “Our efforts will continue to focus on seeking justice on behalf of the more than 400 victims throughout Colorado that have experienced financial devastation as a result of their involvement with Valley Investments.”

“Defrauding investors is a serious offense and IRS Criminal Investigation is committed to working with the U.S. Attorney’s Office and other law enforcement partners to prosecute those who victimize clients,” said Christopher M. Sigerson, Special Agent in Charge, IRS Criminal Investigation, Denver Field Office.

Lochmiller, Jr. faces not more than five years’ imprisonment, and up to a $250,000 fine for conspiracy to commit securities and mail fraud. He faces not more than 10 years in federal prison, and up to a $250,000 fine, or twice the amount of the criminally derived property, for money laundering. Accordingly, in total, Lochmiller, Jr. faces not more than 15 years’ imprisonment, up to a $500,000 fine, or twice the amount derived from the crimes.

This case was investigated by the Federal Bureau of Investigation and the IRS Criminal Investigation and prosecuted by Assistant U.S. Attorneys Michelle Heldmyer and Pegeen Rhyne.

This prosecution is part of President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud 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.

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 28, 2011

Mortgage Fraud Defendant Sentenced to Prison

TAMPA, FL—U.S. Attorney Robert E. O’Neill announces that U.S. District Judge Susan C. Bucklew today sentenced Sang Min Kim, a/k/a Sonny Kim (37, Tampa) to 41 months in federal prison for conspiracy to commit wire, mail, and bank fraud and money laundering in connection with a mortgage fraud scheme. As part of his sentence, the court entered a money judgment in the amount of $5,826,778.65, the proceeds of the charged criminal conduct.

Kim pleaded guilty on June 29, 2010. According to court documents, from about January 2005 through October 2008, Kim engaged in numerous residential real estate transactions in the Middle District of Florida, primarily in Hillsborough County, at least 48 of which involved fraud and resulted in losses of approximately $5,826,778.65.

Kim purchased residential properties as an “investor” with the intention of “flipping” the properties in subsequent sales. Kim’s co-conspirators identified the properties he purchased, usually at market value, by accepting quit claim deeds from the sellers. Frequently, Kim’s co-conspirators also identified the “buyers” to whom he flipped the properties. Kim’s buyers’ mortgage loan applications typically included the false claim that they intended to occupy the properties they were purchasing, when in fact they never intended to purchase Kim’s properties as places to live. Moreover, Kim’s buyers made no genuine financial commitment of funds to their purchase transactions. The buyers’ stated down payments were fictitious because the funds used to make the down payments were either provided by Kim or another, or the buyer used his or her own money and was subsequently reimbursed by Kim who used loan proceeds to do so. The “buyers” were motivated to participate in these transactions by the fact that they were being paid to assume the role of “purchaser.”

As a part of the fraud scheme, Kim used appraisers whom he knew would “come in higher” on appraised values. He also regularly provided a title agent with additional compensation in the form of “side commissions” in exchange for expediting closings. Kim was aware that at least one mortgage broker created false W-2 forms to document a prospective borrower’s stated income. Kim was also aware that his company, SK Investment Group, LLC, was used to provide false employment verifications for other fraudulent transactions from which he did not directly benefit. Kim was also aware that one or more mortgage brokers, through whom he conducted his purchase/sales transactions, made up fictitious income and false assets that were inserted on prospective buyers’ loan applications. Kim was assisted in his fraudulent purchase/sales transactions by persons employed by federally insured financial institutions. Those persons were aware that Kim, as the seller, received a portion of funds derived from equity lines of credit acquired by his buyers.

This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney Rachelle DesVaux Bedke.

May 25, 2011

Federal Jury Convicts Burnsville Man of Bilking Mortgage Lenders Out of More Than $43 Million

MINNEAPOLIS—Earlier today in federal court in St. Paul, a jury convicted a 44-year-old Burnsville man of conspiring with others to bilk mortgage lenders out of more than $43 million. Following a six-day trial, the jury found Troy David Chaika guilty on seven counts of wire fraud, three counts of mail fraud, and one count of conspiracy to commit wire fraud and mail fraud. Chaika was indicted on April 12, 2010.

The indictment filed in this case and the evidence presented at trial indicated that between 2005 and 2008, Chaika conspired with others, including Dustin Lee LaFavre, prosecuted in a separate action, to obtain money fraudulently through over 100 residential property transactions. To further this scheme, Chaika and LaFavre negotiated with builders of new properties as well as owners of existing properties to buy both single pieces of property and property groupings, known as “bulk purchases,” at greatly reduced prices. Chaika and LaFavre then solicited real estate purchasers by promising they would receive large cash pay-outs, or “kickbacks,” from lenders’ funds.

Chaika and LaFavre failed to tell potential buyers about the reduced prices they had negotiated for the properties, choosing instead to quote them the grossly inflated prices. By charging buyers the higher prices, Chaika and LaFavre acquired enough cash from loan proceeds to pay buyers their kickbacks and still have money left for themselves and their co-conspirators. Once a potential buyer was recruited through this scheme, Chaika and LaFavre, or someone working on their behalf, drafted a purchase agreement that reflected the inflated sale price only and failed to disclose to lenders the kickback amount to the buyer. Occasionally, Chaika, LaFavre, or someone working for them drafted a so-called addendum to the purchase agreement, setting forth the planned kickback, or “pay-out,” to the buyer, but that document was never provided to the lender.

In several instances, Chaika and LaFavre, or others on their behalf, worked with buyers and mortgage loan officers to prepare false documents for use in the application process. In addition, Chaika and LaFavre sometimes loaned buyers money for down payments or to pad their bank balances while the application process was pending. Because of those material misrepresentations, numerous lenders agreed to fund mortgage loans for the purchase of the residential properties. Furthermore, after the mortgage loans were secured, property title companies prepared documents and handled closings based on the fraudulent information provided by Chaika and LaFavre or others on their behalf. Again, those misrepresentations were material.

In furtherance of this scheme, Chaika prompted no fewer than seven wire transfers of loan proceeds from which he and others obtained cash kickbacks. He also caused false documents to be sent through the U.S. mail and by commercial carriers on at least three occasions.

For his crimes, Chaika faces a potential maximum penalty of 20 years in federal prison on each count. United States District Court Judge Richard H. Kyle will determine his sentence at a future hearing, yet to be scheduled. On December 7, 2009, Dustin Lee LaFavre pleaded guilty to one count of conspiracy and awaits sentencing.

This case is the result of an investigation by the Federal Bureau of Investigation and the U.S. Postal Inspection Service. It is being prosecuted by Assistant U.S. Attorneys Nancy E. Brasel and David M. Genrich.

This law enforcement action is in part sponsored by the interagency Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. It 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, 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.

May 21, 2011

Former Founding Partner of Ft. Lauderdale Law Firm Pleads Guilty to $837 Million Investment Fraud Scheme

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and John V. Gillies, Special Agent in Charge, Federal Bureau of Investigation (“FBI”), Miami Field Office, announce that defendant Michael J. McNerney, a founding partner of the Ft. Lauderdale law firm formerly known as Brinkley, McNerney, Morgan, Solomon & Tatum, LLP, pled guilty on May 18, 2011, to a one-count criminal information charging him with conspiracy to commit mail fraud and wire fraud in connection with a scheme to defraud investors in the Mutual Benefits Corporation (“MBC”). As part of his plea agreement, McNerney agreed to be responsible for $837 million in restitution to the investors who were victims of this fraud.

Sentencing has been scheduled for August 26, 2011 before U.S. District Judge Adalberto Jordan. At sentencing, McNerney faces a maximum statutory sentence of five years in prison.

For almost 10 years, from about October 1994 through at least May 2004, McNerney was the lead outside lawyer for MBC, and participated in a scheme through which MBC sold investment interests in viatical and life settlement insurance policies to the general public, raising more than $1.25 billion from approximately 30,000 investors worldwide. A viatical settlement is a transaction in which a terminally ill person sells the death benefit of his or her life insurance policy to a third party in return for a lump-sum cash payment, which is a discounted percentage of the policy’s face value. A life settlement is similar to a viatical settlement, except the seller is not terminally ill, but is a senior citizen. In the sale of viatical or life settlements, an investor would realize a profit if, when the insured dies and the policy matures, the policy benefit is more than the price paid for policy. Any profit realized would be decreased by additional out-of-pocket costs, such as premium payments.

As charged in the information, McNerney, as outside counsel for MBC, made and caused others to make, knowingly misleading representations concerning such matters as the management of MBC and its related entities and the sufficiency of the funds set aside to make premium payments on the investors’ policies. For example, among the misrepresentations made to investors, MBC’s sales agents falsely promised a “fixed return” on investments and falsely represented that MBC had a strong track record of accurately predicting life expectancies. In addition, McNerney and his conspirators concealed from investors and regulators the fact that Joel Steinger, a convicted felon, was the key decision maker at MBC. Through these and other misrepresentations, MBC engaged in an unsustainable Ponzi scheme, in which it used new investors’ monies to pay previous investors.

United States Attorney Wifredo A. Ferrer stated, “Attorneys hold a position of trust in our society. As such, they are expected to deal honestly and truthfully with their clients and the general public in the exercise of their duties. This attorney breached that duty and defrauded investors by providing “legal cover” to what was essentially nothing more than a Ponzi scheme. McNerney abused his position of trust and used his law license to help commit this massive fraud. Such abuse will not be tolerated.”

“This is another case about an attorney who instead of doing the right thing was motivated by his personal greed and defrauded thousands of investors out of hundreds of millions of dollars,” said Special Agent in Charge John V. Gillies. “McNerney’s actions were illegal and unethical and those who engage in such behavior need to know that they will be brought to justice, regardless of how elaborate or complex they think their scheme is.”

Mr. Ferrer commended the investigative efforts of the FBI and the Southeast Regional Office of the Securities and Exchange Commission, which previously brought a civil action against MBC and its principals. The matter is being prosecuted by Assistant U.S. Attorney Jerrob Duffy.

Posted By: Ralph Roberts @ 11:15 am | | Comments (0) | Trackback |
Filed under: Investment Fraud,Investment Fraud Conspiracy,Mail fraud,Wire Fraud

May 18, 2011

Chico Couple Pleads Guilty to Mortgage Fraud Charges

SACRAMENTO, CA—United States Attorney Benjamin B. Wagner announced today that Garret Griffith Gililland III, 29, and Nicole Magpusao, 31, both formerly of Chico and now in federal custody, pleaded guilty this afternoon before Senior United States District Judge Edward J. Garcia. Gililland pleaded guilty to one count of mail fraud and one count of money laundering. Magpusao pleaded guilty to one count of mail fraud.

According to court documents, Gililland and Magpusao were originally charged in 2008 on mail fraud and other charges relating to a multi-million-dollar “builder bailout” mortgage fraud scheme in Chico. They were successfully extradited back to the United States following their flight to Spain. Sentencing for Gililland is scheduled for October 28, 2011. Sentencing for Magpusao is scheduled for July 22, 2011. Both remain in federal custody pending sentencing.

This case is the product of a joint investigation by the Federal Bureau of Investigation, the Internal Revenue Service-Criminal Investigation, and the Butte County District Attorney’s Office. Assistant United States Attorney Russell L. Carlberg is prosecuting the case.

In his plea hearing today in district court, Gililland admitted that he and others originated approximately $21 million in fraudulent loans, causing losses to lenders of more than $4 million. Gililland also admitted that he recruited buyers to buy homes at artificially inflated prices. He admitted to falsifying documents to qualify the buyers for the loans. Gililland admitted to scheming with Chico builders Tony Symmes, William Baker, and others, to execute the fraud scheme. He also admitted to coordinating loan application fraud with employees of a mortgage brokerage in Sylmar and with co-defendant Leonard Williams, a licensed real estate agent. The loan application fraud included falsifying employment history, inflating income, and providing false verifications of income and employment to lenders.

“This is a very significant plea in an ongoing investigation of mortgage fraud involving subjects located throughout California and other states,” said U.S. Attorney Wagner. “We are very pleased with the dedication and skillful work of the FBI and IRS-CI case agents as well as the investigators from Butte County. Cases of this magnitude require a team effort, and that is what we have seen here.”

Butte County District Attorney Michael Ramsey said, “We are very pleased to hear that Gililland has finally admitted his guilt in this long, complex, and torturous investigation. It was a model of state-federal cooperation in investigating fraud and bringing this man to justice. The U.S. Attorney, FBI, IRS-CI, and my investigators worked shoulder-to-shoulder on all aspects of this case for several years.” Ramsey added, “Gililland and others in his organization did incalculable damage to the mortgage industry and the housing market. He and others like him contributed to the largest downturn in our country’s economy since the Great Depression.”

Other significant pleas in this investigation include those of Anthony G. Symmes, 60, of Paradise; Shane Burreson, 38, of Orland, the president of Nor Cal Innovative Investments Inc.; Carlos Chamorro, 39, of Southern California, an unlicensed mortgage broker; and Christopher Chiavola, 32, of Chico. Remaining defendants include William Baker, 65 of Chico; Leonard Williams, 49, of Sacramento; Brandon Resendez, 32, of Chico; Kesha Haynie, 39, of Chico, a licensed real estate professional; and Remy Heng, 31, of Elk Grove. Trial of the remaining defendants is scheduled for September 12, 2011. The remaining defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

The maximum statutory penalty for mail fraud is 20 years in prison, a $250,000 fine, and three years of supervised release. The maximum statutory penalty for money laundering is 10 years in prison, a $250,000 fine, and three years of supervised release. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

This case is part of the work being done by President Barack Obama’s Financial Fraud Enforcement Task Force (FFETF). President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes. One component of the FFETF is the national Mortgage Fraud Working Group, co-chaired by U.S. Attorney Wagner. For more information on the task force, visit StopFraud.gov.

May 16, 2011

Mortgage Fraud Ring Faces Years in Prison, $1.2 Million in Restitution

Myron L. Hooker, Jr., 43, of Detroit, Peter Garland, 40, formerly of Southfield, Nicole Jackson, 38, formerly of Detroit and Antwan Mcrea, 35 of Detroit, were sentenced yesterday for obtaining fraudulent mortgage loans on numerous properties and splitting illegal proceeds in varying proportions among themselves announced United States Attorney Terrence Berg.

Berg was joined in the announcement by Andrew G. Arena, Special Agent in Charge of the Detroit Field Office of the Federal Bureau of Investigation. United States Attorney Terrence Berg said, “We’re catching up with a lot of these mortgage fraudsters, and now they are starting to see the price to be paid for turning mortgage lending into a criminal enterprise. Mortgage fraud poses a significant threat to our economy. In prosecuting mortgage fraud we demonstrate the United States Attorney’s office and the FBI’s commitment and determination in holding perpetrators accountable for these crimes.”

Myron Hooker, the lead defendant in the case, was sentenced by the Honorable Julian Abele Cook, United States District Judge, to serve 63 months in federal prison on wire fraud charges, and 40 months for conspiracy to commit wire and mail fraud, the terms to be served concurrently.

The remaining defendants were convicted of conspiracy to commit wire and mail fraud and received the following sentences:

Peter Garland, was sentenced to serve 27 months in federal prison;
Antwan Mcrea, was sentenced to serve 24 months in federal prison;
Nicole Jackson, was sentenced to serve one day in federal prison, to be followed by three years supervised release and five months home confinement

In addition to their custodial sentences, Hooker, Garland, Jackson and Mcrea were ordered to pay, in various amounts, more than $1.2 million in restitution, $100 in special assessments per count of conviction and must serve two or three years of supervised release upon the completion of their custodial terms.

Information presented to the Court at the time of their pleas showed that Hooker conspired and agreed with the other defendants, to defraud and obtain money and funds from lending institutions, banks and individuals by obtaining fraudulent mortgage loans. Hooker orchestrated the fraud by coordinating and directing the activities of loan officers, straw buyers, collusive sellers, real estate appraisers, and closing agents, some of whom are also charged in the indictment. For instance, Hooker obtained falsely inflated appraisals on real estate and paid straw buyers to act as purchasers of the property. To bolster the straw buyer’s credit-worthiness, false income and asset documentation was provided by Hooker. Relying on the falsely inflated appraisals and fraudulent documentation, lending institutions approved and disbursed loans. These loans often subsequently went into default leaving the lending institutions with insufficient collateral and substantial losses, well in excess of $1,000,000.

U.S. Attorney Berg thanked the FBI for the successful investigation of the case.

May 14, 2011

Indictment Unsealed Charging Ogden Man Who Filed Liens Against State, County, and City Agencies, Judges, and Police Officers

Lien Scheme Involved Amounts Totaling Trillions of Dollars

SALT LAKE CITY—An indictment unsealed Thursday in federal court in Salt Lake City charges Harvey Douglas Goff, age 53, of Ogden, with violations of federal law in connection with alleged schemes to obstruct justice, impede internal revenue laws, pass fictitious documents purporting to be actual financial instruments, assert diplomatic immunity, and defraud others through the use of a fraudulent lien scheme.

Goff was arrested Thursday morning in Ogden. He had an initial appearance Thursday before Magistrate Judge Samuel Alba. Goff refused to stand when ordered to, which led to U.S. Marshal intervention; refused the appointment of counsel; would not state his name or acknowledge his identity; and claimed he had been kidnapped from his home even though the court made findings in his presence that federal agents had served a duly authorized search warrant. A mental health evaluation was ordered. The case is being investigated by the FBI’s Joint Terrorism Task Force and IRS Criminal Investigation.

The 14-count indictment charges Goff with obstruction of justice, impeding internal revenue laws, fictitious obligations, attempt to commit mail fraud, and mailings in furtherance of a scheme and artifice to defraud.

Ten counts of the indictment, which allege attempted mail fraud or mailings in furtherance of a scheme and artifice to defraud, relate to conduct that started with traffic stops in Ogden and continued through subsequent court proceedings in Weber County related to the traffic stops. Goff claimed diplomatic immunity during one of the traffic stops and challenged the jurisdiction of the state court judge, the indictment alleges. Goff, who represented himself in the proceedings, filed several pleadings in his state felony prosecution. His requests were denied by the court and he was bound over for trial. In December 2010, Goff failed to appear for a pretrial conference and a bench warrant was issued for his arrest.

The indictment alleges that in November 2010, Goff mailed documents to the attention of various employees or entities of the State of Utah, Weber County, Ogden City, and the Ogden Police Department entitled “Notice of International Commercial Claim Within the Admiralty ab initio Administrative Remedy of Harvey Douglas Goff, Jr., Creditor Secured Party.” The documents claimed the agencies contracted to pay more than $53 trillion in damages to Goff. The documents purported to be part of a “self-help administrative process” and asserted that the recipients had 10 days to respond before a “default” resulted.

In an apparent effort to create an appearance of indebtedness, Goff followed up by filing a lien against various employees and entities of the State of Utah, Weber County, Ogden City, and the Ogden Police Department falsely asserting that the employees and entities each owed Goff, jointly and severally, more than $53 trillion. The lien was filed on 77 parcels located within Weber County, including municipal property and private residences associated with the employees and entities.

The indictment also charges Goff with obstructing justice in an effort to impede a matter in the U.S. Tax Court by repeatedly filing false and frivolous documents involving the judge in an IRS case and impeding internal revenue laws. Two counts of the indictment also allege Goff passed fictitious documents to the U.S. Department of Treasury.

The potential penalty for each count of obstruction of justice, attempt to commit mail fraud, and mailings in furtherance of a scheme and artifice to defraud is up to 20 years in federal prison. The two fictitious obligation counts each carry potential penalties of up to 25 years. The penalty for impeding internal revenue laws is up to three years in prison. The potential fine for each count of the indictment is $250,000.
Indictments are not findings of guilt. Individuals charged in indictments are presumed innocent unless or until proven guilty in court.

Posted By: Ralph Roberts @ 12:09 am | | Comments (0) | Trackback |
Filed under: Mail fraud,Obstruction of Justice

May 12, 2011

Former Davenport Mortgage Broker Arrested for Mortgage Fraud

DAVENPORT, IOWA—On November 22, 2010, following her arrest by agents of the Federal Bureau of Investigation, Winnifer Elvidge, age 56, of LeClaire, Iowa, appeared in United States District Court to answer an indictment charging three counts of mail fraud, four counts of bank fraud, 15 counts of wire fraud, and one count of conspiracy. The indictment alleges that Elvidge, a former mortgage broker, participated in a scheme to defraud banks and mortgage lenders during 2005 and 2006 in connection with the purchase of over 20 real properties in Davenport.

Chief United States Magistrate Judge Thomas J. Shields ordered Elvidge released on bond pending arraignment on November 30, 2010.

Each count of wire fraud and mail fraud is punishable by up to 20 years of imprisonment, a fine of up to $250,000, up to three years of supervised release, and a $100 special assessment to the Crime Victim’s Fund. Each count of bank fraud is punishable by up to 30 years of imprisonment, a fine of up to $1,000,000, up to five years of supervised release, and a $100 special assessment. The single count of conspiracy is punishable by up to five years of imprisonment, a fine of up to $250,000, up to three years of supervised release, and a $100 special assessment.

As in any criminal case, a charge is merely an accusation, and a defendant is presumed innocent unless and until proven guilty.

May 5, 2011

Joshua Gould and David Rubin Plead Guilty to Multi-Million-Dollar Securities Fraud

ST. LOUIS—The United States Attorney’s Office announced the guilty pleas of Joshua Gould, a former financial representative with Woodbury Financial Services, Inc. and affiliate of Spetner Associates; and David Rubin, employee and operator of two local offices of Coral Mortgage Bankers Corporation.

According to court documents, between May 2007 and December 31, 2010, Gould and Rubin embezzled approximately $1,500,000 from a retired individual solicited by Rubin to provide funds for operating capital for Coral’s St. Louis operations. The individual was assured that the funds would not be spent, would be held in a secure trust account, used only as collateral for Coral’s operations, and that the individual would receive regular interest payments. Between May 2007 and December 2008, the client provided Rubin approximately $1,200,000 from his and his wife’s life savings. Despite his representations that the funds would not be spent, Rubin used approximately $250,000 of the funds for operating expenses, including payment of his own salary. Rubin transferred the balance of the funds to Gould. Gould used those funds for personal expenses including car payments, mortgage payments, payment of substantial personal credit card bills, the renovation of his personal residence, jewelry, and adult entertainment, including substantial expenses at the Penthouse Club and PT’s. Gould also used the money to finance start-up costs and operational costs of several business ventures including The Sports Nook, True Hockey, and Free Poker Experience. Gould and Rubin prepared and gave the individual victim false account statements, including statements falsely representing to the victim that as of September 30, 2010, he had $1,126,365 in his Investment Fund and $217,123 in his Family Charity Fund, when in fact all of the funds had been embezzled, diverted and stolen by Gould and Rubin.

In addition, Gould embezzled approximately $3,500,000 from numerous brokerage clients as well as the beneficiaries of the RARJI Trust. These brokerage clients were, for the most part, senior citizens and retirees. In his position as head of Spetner Associates’ Financial Services Division, Gould solicited clients of the Spetner Associates insurance agency to move their investment portfolios and retirement accounts from other brokerages to his management. According to the indictment, on multiple occasions, Gould processed trades and the redemption of securities held in client accounts and accounts of the RARJI Trust without the knowledge, approval, and authorization of the account holders, and had the proceeds transferred into his own personal bank accounts. Also, as part of the scheme, Gould falsely represented to his clients that Pacific Mutual Alliance, LLC and Apex Alliance LLC were legitimate investment securities, when they were actually shell companies that he had established and controlled.

Gould used the stolen, diverted and embezzled funds for personal expenses including car payments, mortgage payments, payment of substantial personal credit card bills, the renovation of his personal residence, jewelry, and adult entertainment including substantial expenses at the Penthouse Club and PT’s. Gould also used the money to finance start up costs and operational costs of several business ventures including The Sports Nook, True Hockey and Free Poker Experience. Gould also engaged in a Ponzi type scheme by using client funds to pay off other clients’ trade requests after he had liquidated their securities without their knowledge.

Gould, 32, University City, Missouri, pled guilty to one felony count of wire fraud and one felony count of mail fraud; Rubin, 47, Chesterfield, Missouri, pled guilty to one felony count of wire fraud. Both defendants appeared before United States District Judge Rodney W. Sippel.

Sentencing for both defendants has been set for July 22, 2011.

Additionally, the defendants are subject to a forfeiture allegation, which will require them to forfeit to the government all money derived from their illegal activity.

Each count of the indictment carries a maximum penalty of 20 years in prison and/or fines up to $250,000. In determining the actual sentences, a judge is required to consider in an advisory capacity the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.

This case was investigated by the Federal Bureau of Investigation, the Postal Inspection Service, and the United States Secret Service. Assistant United States Attorney Hal Goldsmith is handling the case for the U.S. Attorney’s Office.

SOURCE: FBI

May 3, 2011

NINE FLORIDA RESIDENT CHARGED IN VERSAILLES MORTGAGE FRAUD SCHEMES

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, John V. Gillies, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Kimberly A. Lappin, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation Division (IRS-CID), Miami Field Office, Jeff Atwater, bannounced the return of two indictments and one superseding indictment involving mortgage fraud schemes relating to properties in the Versailles development in Wellington, Florida. Charged in at least one of the indictments are defendant Carl Alexander, 45, of Parkland, Florida; Carol Asbury, 59, an attorney, of Lake Worth, Florida; Patrick Brinson, 34, of Miami, Florida; David Lam, 42, a real estate broker, of Parkland, Florida; David Miller, 43, Miramar, Florida; Godfrey Myles, 42, former professional football player, of Miami, Florida; Michael Samuda, 38, an attorney, of Weston, Florida; Thomas Thelusma, 40, a firefighter, of Miami, Florida; and Victoria Wilson, 30, a mortgage broker, of Hollywood, Florida.

As alleged in all three indictments, the defendants used “straw buyers” to submit false documentation substantially inflating the purchase price of the properties to various mortgage lenders. As part of the conspiracy, double HUD-1 Settlement Statements were prepared. One set with the real price was provided to the seller and another set with the inflated price was provided to the lender. The difference between the real price and the inflated price was either made to appear as if it were a debt owed to business entities controlled by the defendants and their co-conspirators, or was made to appear as profits to the seller. The fraudulent loan proceeds were instead laundered through multiple accounts to conceal the source and distribution of the money and were ultimately used for the benefit of the defendants and their co-conspirators.

More specifically, in one of the indictments (11-CR-80033-KAM), defendants Asbury, Brinson, Lam and Myles were involved in a mortgage fraud scheme that generated more than $2.55 million in mortgage loans and approximately $488,000 in fraudulent loan proceeds involving two properties in the Versailles development in Wellington: 10638 Versailles Boulevard and 10515 Vignon Court. Asbury and Lam are also charged with a mortgage fraud scheme which generated an additional $2 million in mortgage loans and $785,000 in fraudulent loan proceeds involving Versailles properties 10284 Medicis Place and 10420 St. Germain Court. Defendants Asbury and Lam are charged with two counts of conspiracy to commit mail and wire fraud, in violation of Title 18, United States Code, Section 1349, and defendants Brinson and Myles are charged with one count. Defendants Asbury, Brinson and Myles are each charged with two counts of wire fraud, in violation of Title 18, United States Code, Section 1343, and defendant Lam is charged with four counts. Defendants Asbury and Lam are also each charged with one count of mail fraud, in violation of Title 18 United States Code, Section 1341. Defendants Asbury, Brinson, and Myles are each charged with one count of making false statements on loan applications, in violation of Title 18, United States Code, Section 1001, and defendant Lam is charged in two counts. Each of the defendants are also charged with one count of conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956(h). Defendants Asbury and Lam are charged in three counts of money laundering, in violation of Title 18, United States Code, Section 1957, and defendants Brinson and Myles are charged in six counts.

In a second indictment (11-CR-80061-KAM), defendants Asbury, Alexander and Lam were charged for their involvement in a mortgage fraud scheme that generated more than $4.9 million in mortgage loans and approximately $1.8 million in fraudulent loan proceeds involving four Versailles properties: 10714 Versailles Boulevard, 3617 Royalle Terrace, 10293 Medicis Place, and 3554 Collonade Drive. Defendants Alexander, Asbury and Lam are charged with one count of conspiracy to commit mail and wire fraud, in violation of Title 18, United States Code, Section 1349; nine counts of wire fraud, in violation of Title 18, United States Code, Section 1343; four counts of mail fraud, in violation of Title 18 United States Code, Section 1341; four counts of making false statements on loan applications, in violation of Title 18, United States Code, Section 1001; and one count of conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956(h). In addition, defendants Alexander and Asbury are charged in thirteen counts of money laundering, in violation of Title 18, United States Code, Section 1957, and defendant Lam is charged in six counts.

The third indictment (11-CR-80057-KAM) charges defendants Lam, Miller, Samuda, Thelusma, and Wilson in a mortgage fraud scheme that generated more than $3.79 million in mortgage loans and approximately $1 million in fraudulent loan proceeds involving three Versailles properties: 10475 Trianon Place, 10460 Trianon Place, and 3483 Collonade Drive. All of the defendants are charged with one count of conspiracy to commit mail and wire fraud, in violation of Title 18, United States Code, Section 1349; six counts of wire fraud, in violation of Title 18, United States Code, Section 1343; and one count of criminal forfeiture in violation of Title 18, United States Code, Section 981.

If convicted, the defendants face a maximum statutory sentence of 20 years in prison for the mail and wire fraud conspiracy, 20 years in prison for each of the mail and wire fraud counts, 20 years in prison for the money laundering conspiracies, 10 years in prison for each of the money laundering counts, and 5 years in prison for each of the false statement charges.

Mr. Ferrer commended the investigative efforts of the IRS Criminal Investigation Division, Department of Financial Services, FBI, FDLE, U.S. Secret Service, and the Palm Beach County Mortgage Fraud Task Force. The cases are being prosecuted by Assistant U.S. Attorneys Stephanie Evans, Ellen Cohen and Carolyn Bell.

May 1, 2011

Nine Charged in Three Indictments Concerning Versailles Mortgage Fraud Schemes

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, John V. Gillies, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Kimberly A. Lappin, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation Division (IRS-CID), Miami Field Office, Jeff Atwater, Chief Financial Officer, Department of Financial Services, Amos Rojas, Jr., Special Agent in Charge, Florida Department of Law Enforcement (FDLE), Michael K. Fithen, Special Agent in Charge, U.S. Secret Service, and the Palm Beach County Mortgage Fraud Task Force, announced the return of two indictments and one superseding indictment involving mortgage fraud schemes relating to properties in the Versailles development in Wellington, Florida. Charged in at least one of the indictments are defendant Carl Alexander, 45, of Parkland, Florida; Carol Asbury, 59, an attorney, of Lake Worth, Florida; Patrick Brinson, 34, of Miami, Florida; David Lam, 42, a real estate broker, of Parkland, Florida; David Miller, 43, Miramar, Florida; Godfrey Myles, 42, former professional football player, of Miami, Florida; Michael Samuda, 38, an attorney, of Weston, Florida; Thomas Thelusma, 40, a firefighter, of Miami, Florida; and Victoria Wilson, 30, a mortgage broker, of Hollywood, Florida.

As alleged in all three indictments, the defendants used “straw buyers” to submit false documentation substantially inflating the purchase price of the properties to various mortgage lenders. As part of the conspiracy, double HUD-1 Settlement Statements were prepared. One set with the real price was provided to the seller and another set with the inflated price was provided to the lender. The difference between the real price and the inflated price was either made to appear as if it were a debt owed to business entities controlled by the defendants and their co-conspirators, or was made to appear as profits to the seller. The fraudulent loan proceeds were instead laundered through multiple accounts to conceal the source and distribution of the money and were ultimately used for the benefit of the defendants and their co-conspirators.

More specifically, in one of the indictments (11-CR-80033-KAM), defendants Asbury, Brinson, Lam and Myles were involved in a mortgage fraud scheme that generated more than $2.55 million in mortgage loans and approximately $488,000 in fraudulent loan proceeds involving two properties in the Versailles development in Wellington: 10638 Versailles Boulevard and 10515 Vignon Court. Asbury and Lam are also charged with a mortgage fraud scheme which generated an additional $2 million in mortgage loans and $785,000 in fraudulent loan proceeds involving Versailles properties 10284 Medicis Place and 10420 St. Germain Court. Defendants Asbury and Lam are charged with two counts of conspiracy to commit mail and wire fraud, in violation of Title 18, United States Code, Section 1349, and defendants Brinson and Myles are charged with one count. Defendants Asbury, Brinson and Myles are each charged with two counts of wire fraud, in violation of Title 18, United States Code, Section 1343, and defendant Lam is charged with four counts. Defendants Asbury and Lam are also each charged with one count of mail fraud, in violation of Title 18 United States Code, Section 1341. Defendants Asbury, Brinson, and Myles are each charged with one count of making false statements on loan applications, in violation of Title 18, United States Code, Section 1001, and defendant Lam is charged in two counts. Each of the defendants are also charged with one count of conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956(h). Defendants Asbury and Lam are charged in three counts of money laundering, in violation of Title 18, United States Code, Section 1957, and defendants Brinson and Myles are charged in six counts.

In a second indictment (11-CR-80061-KAM), defendants Asbury, Alexander and Lam were charged for their involvement in a mortgage fraud scheme that generated more than $4.9 million in mortgage loans and approximately $1.8 million in fraudulent loan proceeds involving four Versailles properties: 10714 Versailles Boulevard, 3617 Royalle Terrace, 10293 Medicis Place, and 3554 Collonade Drive. Defendants Alexander, Asbury and Lam are charged with one count of conspiracy to commit mail and wire fraud, in violation of Title 18, United States Code, Section 1349; nine counts of wire fraud, in violation of Title 18, United States Code, Section 1343; four counts of mail fraud, in violation of Title 18 United States Code, Section 1341; four counts of making false statements on loan applications, in violation of Title 18, United States Code, Section 1001; and one count of conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956(h). In addition, defendants Alexander and Asbury are charged in thirteen counts of money laundering, in violation of Title 18, United States Code, Section 1957, and defendant Lam is charged in six counts.

The third indictment (11-CR-80057-KAM) charges defendants Lam, Miller, Samuda, Thelusma, and Wilson in a mortgage fraud scheme that generated more than $3.79 million in mortgage loans and approximately $1 million in fraudulent loan proceeds involving three Versailles properties: 10475 Trianon Place, 10460 Trianon Place, and 3483 Collonade Drive. All of the defendants are charged with one count of conspiracy to commit mail and wire fraud, in violation of Title 18, United States Code, Section 1349; six counts of wire fraud, in violation of Title 18, United States Code, Section 1343; and one count of criminal forfeiture in violation of Title 18, United States Code, Section 981.

If convicted, the defendants face a maximum statutory sentence of 20 years in prison for the mail and wire fraud conspiracy, 20 years in prison for each of the mail and wire fraud counts, 20 years in prison for the money laundering conspiracies, 10 years in prison for each of the money laundering counts, and five years in prison for each of the false statement charges.

Mr. Ferrer commended the investigative efforts of the IRS Criminal Investigation Division, Department of Financial Services, FBI, FDLE, U.S. Secret Service, and the Palm Beach County Mortgage Fraud Task Force. The cases are being prosecuted by Assistant U.S. Attorneys Stephanie Evans, Ellen Cohen and Carolyn Bell.

An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty.

A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the United States District Court for the Southern District of Florida at www.flsd.uscourts.gov or http://pacer.flsd.uscourts.gov.

April 25, 2011

Former Las Vegas Resident Charged with Committing Mortgage Fraud in Nevada

LAS VEGAS—A former Las Vegas resident has been charged with federal conspiracy and fraud charges for his involvement in a Nevada mortgage fraud scheme involving straw buyers and falsified mortgage loan documents, announced Daniel G. Bogden, United States Attorney for the District of Nevada.

Brian K. Jackson, 38, currently of Anaheim, California, was indicted by the Federal Grand Jury in Las Vegas on October 21, 2009, and charged with Conspiracy to Commit Bank Fraud, Mail Fraud, and Wire Fraud. On Tuesday, November 10, 2009, Jackson was arrested in the Los Angeles area, and appeared before a U.S. Magistrate Judge there and was released on a $50,000 surety bond. Jackson is scheduled to be arraigned by U.S. Magistrate Judge George W. Foley in Las Vegas on Friday, November 20, 2009, at 8:30 a.m.

The Indictment alleges that from about 2002 to May 14, 2008, Jackson, owner of Unlimited Properties, a now-revoked Nevada limited liability corporation, participated in a conspiracy to defraud financial institutions by causing money from mortgage loans to be diverted to his own use and benefit. Jackson solicited and paid persons (straw buyers) to apply for mortgage loans in their name. The loans were processed through Sapphire Mortgage, located in Henderson, Nevada. Jackson caused false and fraudulent information to be placed in the straw buyers’ mortgage loan applications concerning their employment, income, assets, intent to occupy property, etc. Jackson caused the same home to be purchased multiple times by different straw buyers at ever increasing prices. Jackson caused the “equity” to be diverted to himself personally or his company, Unlimited Properties. Jackson also placed renters in the properties, and caused the mortgages to default.

The Indictment specifically discusses several transactions involving a home located at 2061 Scenic Sunrise Drive in Las Vegas. Between March 2002 and late 2004, Jackson twice orchestrated the sale of the property using two straw buyers and the placement of false information in their loan applications. In June 2004, Jackson also orchestrated the sale of the Scenic Sunrise property to himself and falsely stated in his loan application that he intended to reside in the property when he knew he did not. During this period, Jackson also leased the Scenic Sunrise property to another individual and accepted money from the individual as guarantee that he would purchase it in the future, even though Jackson knew that the property at the time was owned by the first straw buyer and was in the process of being sold to the second straw buyer. The indictment alleges that Jackson or his company received about $179,000 from these fraudulent transactions.

In May 2008, the owner of Sapphire Mortgage, Cindy Birkland, was arrested and charged in state court in Las Vegas with mortgage fraud related offenses. If convicted, Jackson faces up to 30 years in prison and a $1,000,000 fine.

This investigation is being led by IRS Criminal Investigation and the FBI, and other agencies of the Southern Nevada Mortgage Fraud Task Force, including the Las Vegas Metropolitan Police Department, the Nevada Attorney General’s Office, Office of the Inspector General for the Social Security Administration, Office of the Inspector General for the Department of Housing and Urban Development, the U.S. Postal Inspection Service, and the U.S. Secret Service. The case is being prosecuted by Assistant United States Attorney Brian Pugh. Persons who have information concerning potential mortgage fraud may contact the Southern Nevada Mortgage Fraud Hotline at (702) 584-5555.

The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

April 23, 2011

Five Indicted on Mortgage Fraud Charges

Bay Area Mortgage Broker and Real Estate Agent Among Those Charged with Conspiring to Defraud Four Different Banks of More Than One Million Dollars

SACRAMENTO, Calif.—Acting United States Attorney Lawrence G. Brown announced today that a federal grand jury has returned an eight-count indictment charging DENNIS AARON MOORE, 50, of Hillsborough, Calif., VERONIKA WRIGHT, 33, of San Ramon, Calif., MITCHELL WRIGHT, 36, of San Ramon, Calif., HAIYING FAN, 42, of Millbrae, Calif., and GARY LORENZO GEORGE, 50, of Olivehurst, Calif., with various crimes in connection with their participation in a mortgage fraud scheme with respect to the purchase of a series of homes in South Lake Tahoe and Nevada City, Calif. Each defendant is charged with one count of conspiring to commit bank fraud and mail fraud; defendants MOORE, VERONIKA WRIGHT, MITCHELL WRIGHT, and FAN are further charged with two counts of bank fraud; and MOORE, VERONIKA WRIGHT and GEORGE are each charged with making false statements on loan applications. MOORE and FAN are also charged with two counts of money laundering. The indictment alleges that the victim lending institutions suffered over $1,000,000 in losses as a result of the defendants’ conduct.

This case is the product of a joint investigation by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation.

“Aggressive pursuit of those who engaged in mortgage fraud during the boom and bust of the region’s housing market remains a top priority for federal law enforcement. These scams hurt not just the lending institutions, but area homeowners and taxpayers alike,” said acting U.S. Attorney Brown.

According to Assistant United States Attorney Sean C. Flynn, who is prosecuting the case, the indictment alleges that between June 2005 and April 2007, the defendants conspired to defraud Washington Mutual Bank, doing business as Long Beach Mortgage, Countrywide Bank, FSB, and other lenders through a “cash-back-to-buyer” mortgage fraud scheme. MOORE purchased five separate properties in South Lake Tahoe and Nevada City, each of which was funded with large primary loans or first mortgages from various lending institutions. It is alleged that as part of each purchase agreement, MOORE insisted that each seller agree that a substantial “commission” – sometimes in excess of 20 percent of the purchase price – be paid from the sale proceeds to MOORE’s real estate agent, defendant FAN. In order to induce the seller to agree to such a commission, MOORE often offered to purchase the properties at prices above the respective list prices.

MOORE further collaborated with his mortgage broker, VERONIKA WRIGHT, and his other co-conspirators to submit to the lending institutions home mortgage loan applications that contained various false statements with respect to MOORE’s income, employment, liquid assets, and compliance with tax obligations. MITCHELL WRIGHT is alleged to have created a bogus Web site to substantiate MOORE’s false employment claims, and GEORGE, a tax professional, created false letters to support MOORE’s false financial claims. The banks relied on these false statements in disbursing funds pursuant to the loans. It is further alleged that once the funds were disbursed, FAN kicked back the majority of her “commission” to MOORE, completing the cashback-to-buyer mortgage fraud scheme.

The maximum statutory penalty on the conspiracy charge is five years in prison, while the bank fraud and false statement charges carry a 30-year maximum sentence. The maximum sentence that can be imposed with respect to the money laundering charges against MOORE and FAN is 10 years in prison. However, the actual sentence will be dictated by the Federal Sentencing Guidelines, which take into account a number of factors, and will be imposed at the discretion of the court.

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

April 19, 2011

Federal Mortgage Fraud Charges Filed Against Owner and Employees of Former Nevada Investment Companies

LAS VEGAS—A man who owned and operated numerous now-defunct Nevada investment companies, and two of his former employees, were indicted by the federal grand jury today on mortgage fraud charges, announced Daniel G. Bogden, United States Attorney for the District of Nevada.

Brett Depue, 36, a former resident of Las Vegas, but currently a resident of Gilbert, Arizona, Brian Barney, 36, of Fairfield, California, and Maria Ornelas, 32, of Las Vegas, are charged with conspiracy to commit bank fraud, mail fraud, and wire fraud, 11 counts of wire fraud, and criminal forfeiture.

Warrants have been issued for the arrests of Depue and Barney. Ornelas was summoned, and is scheduled for an initial appearance before a United States Magistrate Judge in Las Vegas on Friday, March 26, 2010, at 8:30 a.m.

The Indictment alleges that from about February 1, 2005, to May 31, 2007, in Nevada and elsewhere, the defendants participated in a mortgage fraud conspiracy in which they used “third party disbursements” and “double escrow” methods to fraudulently obtain monies from the financial institutions. A third party disbursement is the issuance of money at the closing of a mortgage loan to a person or entity that is not typically entitled to the money. A double escrow is where two sales of the same property are conducted at the same time. Typically, the property is sold to a middleman, who then sells the property to a straw buyer at a substantially inflated price. The difference between the first sale price and second price is distributed to a conspirator as seller proceeds. The paperwork on the second sale is concealed from the seller, and the paperwork on the first sale is concealed from the lender.

Brett Depue operated a number of Nevada businesses including, ABS Investments Group, LLC, Liberty Group Investments, LLC, and a number of other companies registered with the Nevada Secretary of State. Depue employed Brian Barney, Maria Ornelas, and a number of others who allegedly assisted in the mortgage fraud conspiracy. The defendants recruited home owners in the Las Vegas area and elsewhere who agreed to sell their property at a price substantially above the asking price. The home owners were told that the difference would go to Depue for improvements. The defendants then recruited straw buyers to apply for mortgage loans to purchase the homes using false and fraudulent information concerning the straw buyers’ income, assets, employment, and intent to occupy the homes. In some instances, the defendants had the straw buyers apply for mortgages for more than one house at a time and concealed from the lenders that they were purchasing more than one property.

The Indictment specifically discusses 17 homes in Las Vegas and Henderson which were purchased fraudulently between April 2005 and April 2007 at the direction of and for the benefit of the defendants.

If convicted, the defendants face up to 30 years in prison and a $1,000,000 fine on each count, and may be required to forfeit up to $8.5 million in properties or proceeds from the crimes.

This investigation is being led by the FBI, IRS Criminal Investigation, and other agencies of the Southern Nevada Mortgage Fraud Task Force, including the U.S. Postal Inspection Service, Office of the Inspector General for the Department of Housing and Urban Development, the U.S. Secret Service, the Las Vegas Metropolitan Police Department, the Nevada Attorney General’s Office, and Office of the Inspector General for the Social Security Administration. The case is being prosecuted by Assistant United States Attorney Brian Pugh.

Persons who have information concerning potential mortgage fraud may contact the Southern Nevada Mortgage Fraud Hotline at (702) 584-5555.

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

The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

April 15, 2011

Jury Finds Four Guilty of Multiple Federal Charges Stemming from Extensive Mortgage Fraud Scheme

More Than $3.2 Million Stolen From Lenders; Total of 13 Defendants Now Guilty

David B. Fein, United States Attorney for the District of Connecticut; Kimberly K. Mertz, Special Agent in Charge of the Federal Bureau of Investigation; and Michael P. Stephens, Acting Inspector General, U.S. Department of Housing and Urban Development, Office of Inspector General, today announced that a jury in Hartford has found four individuals guilty of multiple federal offenses related to their participation in an extensive mortgage fraud conspiracy that defrauded lenders of more than $3.2 million. The jury returned the verdicts this afternoon.

MORRIS OLMER, 82, of New Haven, was found guilty of one count of conspiracy to defraud the United States, eight counts of wire fraud, and four counts of making false statements.

RAB NAWAZ, 47, of Waterford, was found guilty of one count of conspiracy to defraud the United States, eight counts of wire fraud, and one count of obstruction of justice.

WENDY WERNER, 46, of Sarasota, Florida, was found guilty of one count of conspiracy to commit mail fraud and wire fraud, and one count of mail fraud,

MARSHALL ASMAR, 40, of Milford, was found guilty of one count of conspiracy to defraud the United States, three counts of wire fraud, and three counts of making false statements.

The jury could not reach a verdict on any counts against a fifth defendant, David Avigdor, 57, of New Haven. A sixth defendant, THOMAS GALLAGHER, 68, of West Haven, pleaded guilty during the trial. Eight other individuals involved in the scheme pleaded guilty prior to the commencement of the trial.

“This case demonstrates the commitment of the U.S. Attorney’s Office and our federal and state law enforcement partners to investigate and prosecute those individuals whose illegal activity contributed to our nation’s banking crisis,” stated U.S. Attorney Fein. “I want to thank the FBI, HUD-OIG, and all the participants in the Connecticut Mortgage Fraud Task Force who are investigating these crimes, protecting the public, and helping to restore confidence in our housing and financial markets.”

According to court documents, statements made in court and the evidence disclosed during the trial, between approximately August 2006 and May 2010, Syed Babar of New London led a mortgage fraud scheme during which participants obtained approximately $10 million in residential real estate loans, including loans insured by the FHA, through the use of sham sales contracts, false loan applications and fraudulent property appraisals. As part of the scheme, Babar arranged for straw buyers to purchase houses they did not intend to occupy at fraudulently inflated prices and to apply for loans in the amount of the fraudulently inflated prices. The loans were supported by fraudulent appraisals and a variety of fraudulent information about the buyer, including information about his or her occupation, income, assets, liabilities, and intention to occupy the house as a primary residence. Babar and his co-conspirators also created a fictitious construction company called “Sheda Telle Construction, LLC”—which trial testimony revealed means “ring the bell and run” in Babar’s native language—in order to divert fraud proceeds to it and, in some cases, to falsely justify the artificially inflated sales price of houses based on renovations purportedly made to the property that, in fact, did not occur. Babar and his co-conspirators then split the fraud proceeds generated from the scheme.

Thomas Gallagher, who operated Autumn Appraisals, LLC, in West Haven, created fraudulently inflated appraisals of residential real estate in exchange for payments, often in cash, of thousands of dollars per home. The payments were well beyond the basic appraisal fee of about $375 that was disclosed in appraisals and on federal mortgage documents.

Morris Olmer, a former attorney, conducted many of the closings for the fraudulent real estate transactions at his New Haven office, which resulted in hundreds of thousands of dollars in fraudulent proceeds being sent by wire and check to Sheda Telle Construction, LLC.

Wendy Werner and Marshall Asmar made hundreds of thousands of dollars selling properties at fraudulently inflated prices to straw purchasers. In August 2006, Werner, through her company, Marbo Restorations, LLC, sold three houses on Lake Street in Norwich to a straw purchaser working with Babar. The fraudulently inflated sales prices for the three properties were $260,000, $270,000 and $270,000, respectively. Werner provided Babar with approximately $283,000 of the proceeds generated from the sale of the three houses, and Babar then wrote 10 checks totaling approximately $179,000 to the straw purchaser.

Asmar, working with Olmer, rented out houses that had purportedly been “sold” to straw buyers in FHA-insured loan transactions. The straw buyers never received the keys to the properties, never intended to live in the properties, and never made any mortgage payments.

Rab Nawaz also profited by acting as seller on several fraudulent property transactions. In addition, Nawaz had a phone number subscribed to his home address that was also identified with “Global Home Painting,” which was listed on certain loan applications as the fictitious employer of the straw buyer of a property. The number was used by co-conspirators to receive calls from lenders seeking to verify an applicant’s employment information.

During the trial, which began on March 16, the government called 20 witnesses, played numerous recorded conversations and presented hundreds of exhibits. On March 21, at the conclusion of the fourth day of trial, Thomas Gallagher pleaded guilty to one count of making a false statement to the government in connection with an FHA-insured loan.

On February 1, 2011, Babar pleaded guilty to multiple federal charges related to his leadership of this extensive mortgage fraud scheme. Seven other individuals have also previously pleaded guilty to various charges related to their involvement in this scheme. All await sentencing.

The charge of conspiracy to commit wire fraud carries a maximum term of imprisonment of five years. Wire fraud and mail fraud carry a maximum term of imprisonment of 20 years on each count. The charge of making a false statement carries a maximum term of imprisonment of five years on each count. And the charge of obstruction of justice carries a maximum term of imprisonment of 10 years.

This matter has been investigated by the Federal Bureau of Investigation and the U.S. Department of Housing and Urban Development – Office of Inspector General. The case is being prosecuted by Assistant United States Attorneys Eric J. Glover and Susan Wines and Special Assistant United States Attorney Liam Brennan.

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

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

This case was brought in coordination with the President’s Financial Fraud Enforcement Task Force, which was established to wage an aggressive and coordinated 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.

To report financial fraud crimes, and to learn more about the President’s Financial Fraud Enforcement Task Force, please visit www.stopfraud.gov.

April 13, 2011

Pawn Shop Owner Sentenced to Prison in Scheme to Launder $20 Million in Proceeds of Stolen Merchandise

Admitted Laundering Millions of Dollars in Proceeds of Stolen Over-the-Counter Medicines, Health and Beauty Aid Products, Gift Cards, DVDs, Tools, and Other Items

BALTIMORE—U.S. District Judge Benson E. Legg sentenced Louis Leitch, Sr., age 62, of Baltimore, today to 33 months in prison followed by three years of supervised release for conspiring to commit money laundering and attempting to evade taxes.

The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Postal Inspector in Charge Daniel S. Cortez of the U.S. Postal Inspection Service – Washington Division; Chief James W. Johnson of the Baltimore County Police Department; Special Agent in Charge Richard A. McFeely of the Federal Bureau of Investigation; Baltimore Police Commissioner Frederick H. Bealefeld III; and Special Agent in Charge Rebecca Sparkman of the Internal Revenue Service – Criminal Investigation.

According to his plea agreement, from 2007 to March 2010, Leitch conspired with others to launder the proceeds of the sale of mass quantities of stolen over-the-counter medications, health and beauty aid products, gift cards, DVDs, tools, and other merchandise. Shoplifters, also known as “boosters,” stole products from Target, Safeway, Wal-Mart, Kohl’s and other retailers in Maryland and other states. Pawn shops bought large amounts of stolen items from the boosters. Louis Leitch, Sr. and others were owners of E-Z Money Pawn Shop and 2Brothers Liquidators, Inc. Leitch and others would receive stolen products at E-Z Money. The stolen items were “cleaned,” meaning that the security labels and retail tags from the stolen product were removed. Sometimes a heat gun and lighter fluid would be used to peel away the plastic security labels. In addition, Leitch worked with co-defendants to purchase and transport stolen material. Leitch knew that many of his co-defendants and others participated in the scheme. Some of the defendants also used on-line auctions sites, such as eBay and Amazon.com, to sell the stolen products far below normal retail value. The stolen products were then delivered to unsuspecting customers via the United States mail. The defendants received payment by interstate wire transfers using PayPal accounts and through various financial institutions in Maryland.

On March 25, 2010, agents from the U.S. Postal Inspection Service, Baltimore County

Police Department and the Federal Bureau of Investigation executed search warrants at E-Z Money and the other pawn shops in this case. Agents recovered well over $1 million in stolen merchandise, approximately $1 million in bank accounts and over $140,000 in cash, and 44 firearms. Although the entire conspiracy involved approximately $20 million in stolen merchandise, $2.5 million in stolen product was reasonably foreseeable to Leitch.

Thirteen defendants have pleaded guilty to the money laundering conspiracy to date.

In addition, Leitch failed to file income tax returns for tax years 2005 and 2006, although he received substantial income through his pawn shop and other business. During 2005 through 2006, Leitch withdrew from his bank accounts more than $2.5 million of his gross income, with each withdrawal being less than $10,000. During 2007, Leitch made cash deposits of more than $200,000 of his gross income into bank accounts, with each deposit being less than $10,000. By making deposits and withdrawals in amounts less than $10,000, Leitch was able to avoid bank reporting requirements and conceal from the Internal Revenue Service substantial income on which he knowingly failed to pay taxes. The amount of unpaid taxes as a result of this conduct is $401,600.

United States Attorney Rod J. Rosenstein thanked the U.S. Postal Inspection Service; Baltimore County Police Department; Federal Bureau of Investigation; Baltimore Police Department; and Internal Revenue Service – Criminal Investigation for their work in this investigation and commended Assistant United States Attorneys Kwame J. Manley and Richard Kay, who prosecuted the case.

Posted By: Ralph Roberts @ 6:27 pm | | Comments (0) | Trackback |
Filed under: Bank Fraud,Mail fraud,Money Laundering,Wire Fraud

April 2, 2011

Former Orion Bank President Indicted for Conspiracy to Commit Bank Fraud and Deceive Bank Examiners

FORT MYERS, FL—United States Attorney Robert E. O’Neill announces the return by a grand jury of an indictment charging Jerry J. Williams (51, Forth Worth, Texas), formerly of Naples, Florida, with conspiracy to commit bank fraud and deceive federal and state bank examiners. Williams is also charged with two counts of misapplication of bank funds; two counts of making false entries in the reports of Orion Bank; mail fraud; wire fraud; and money laundering. If convicted, Williams faces the following maximum penalties in federal prison, respectively.

Conspiracy—five years
Misapplication of Bank Funds (two counts)—30 years (for each count)
Making False Entries (two counts)—30 years (for each count)
Making False Statements—five years
Mail Fraud—20 years
Wire Fraud (two counts)—30 years (for each count)
Money Laundering—10 years

According to the indictment, Williams was the president, chief executive officer, and chairman of the board of Orion Bancorp, Inc. and the former Orion Bank, a federally insured financial institution, that was headquartered in Naples, Florida. The indictment alleges that Williams orchestrated a complex conspiracy to fraudulently raise capital and falsify bank records in order to mislead state and federal regulators as to the bank’s true financial condition.

According to the indictment, beginning in May 2009, Williams directed executives and officers of Orion Bank to provide financing for two stock purchases, the results of which were large capital infusions into Orion Bancorp, Inc. These two capital infusions created the illusion to regulators that Orion Bank’s capital position had improved considerably.

The indictment states that the first round-trip transaction occurred in June 2009. Williams directed Orion Bank executives to increase, to $82 million, the amount of loans-inprocess to straw borrowers on behalf of Francesco “Frank” Mileto. Williams also directed the increase in loan proceeds in order to provide and conceal $15 million for Mileto’s purchase of Orion Bancorp, Inc. stock, despite knowing that banking laws and regulations prohibited Orion Bank from financing the purchase of its own stock.

Mileto allegedly provided fraudulent financial documents to Orion Bank, reporting millions of dollars of annual income from an Italian family trust. The indictment alleges that top Orion Bank executives discovered that Mileto had submitted fraudulent documents to support the June 2009 loans, as well as prior loans. However, Williams directed that the loans close despite this information, in order to secure the capital infusion to the bank. The stock was purchased through a series of transactions designed to conceal the true source of the funds from federal regulators. Williams was the only Orion Bank employee who had the authority to approve loans over $10 million for submission to the Orion Bank Board of Directors Loan Committee.

The second round-trip transaction occurred in June and July 2009. Williams directed Orion Bank employees to increase the amounts of loans-in-process to an Orion Bank depositor to $18 million, in order to provide and conceal $7 million of financing for the purchase of Orion Bancorp, Inc., despite knowing that banking laws and regulations prohibited the bank from financing the purchase of its own stock.

The indictment further alleges that Williams caused Orion Bank Executive Vice President Thomas Hebble to present loan packages regarding the round-trip transactions for approval to the Orion Bank Board Loan Committee, despite knowing that the loan packages contained materially false and misleading information. After Senior Vice President Angel Guerzon signed the fraudulent loans on behalf of Orion Bank, Williams lied to regulators about the true source of the funds, fraudulently categorizing the stock purchases as new capital, despite knowing that $22 million of the capital raised was financed by the bank. Further, the indictment alleges that when questioned about the transactions by state and federal examiners, Williams and other bank executives provided false documentation to examiners, designed to mislead the regulatory authorities as to the source of the capital infusion, and the true financial condition of Orion Bank.

The indictment also alleges that during June 2009, Williams sold personal shares of his Orion Bancorp, Inc. stock to three different individuals for $765,600 under false and fraudulent pretenses for his own personal gain. The indictment also notifies Williams that the United States is seeking a monetary judgment in the amount of $765,600.00, the proceeds from the stock purchases, as well as restitution to the victims as determined by the Court.

The State of Florida Office of Financial Regulation closed Orion Bank on November 13, 2009, and named the Federal Deposit Insurance Corporation (FDIC) as Receiver. The FDIC estimates that the cost to the Deposit Insurance Fund as a result of Orion Bank’s failure will exceed $600 million.

On March 31, 2011, Francesco Mileto (40, Tamarac), Thomas Hebble (50, Naples), and Angel Guerzon (42, West Palm Beach) were separately charged as a result of their participation in the scheme. Mileto was charged with conspiracy to commit bank fraud, while Hebble and Guerzon were charged with conspiracy to commit bank fraud and obstruction of a federal bank examination. If convicted, Mileto faces a maximum penalty of 30 years in federal prison. Hebble and Guerzon each face a maximum penalty of five years in federal prison.

“Financial institutions and their principals, in doing business with the public, are governed by specific laws and regulations,” said U.S. Attorney Robert O’Neill. “When these practices are breached, they undermine an entire system of accountability. Wherever found, such allegations must be investigated thoroughly and prosecuted to the fullest extent of the law.”

Elizabeth Coleman, Inspector General of the Federal Reserve Board Office of Inspector General (FRB – OIG) stated, “The FRB OIG is strongly committed to exercising its full authority to pursue criminal conduct. In addition, we are proud of the broad participation of our federal partners in combating fraud in the financial sector.”

“The Federal Deposit Insurance Corporation (FDIC) Office of Inspector General (OIG) is pleased to join the United States Attorney’s Office for the Middle District of Florida and our law enforcement colleagues in announcing this indictment,” said Inspector General Jon T. Rymer. “We are particularly concerned when senior bank officials, who have held positions of trust within their institutions, are either alleged to have been involved in criminal activity or admit their involvement in criminal activity. We will continue to aggressively pursue bank officials and others who victimize financial institutions.”

“High-ranking bank executives hold positions of trust not only in their financial institutions but also in the eyes of the public. That trust is broken when such executives allegedly abuse their power and commit crimes,” said Tracey Montaño, Assistant Special Agent-in-Charge, Tampa Field Office. “IRS Criminal Investigation is proud to join with our law enforcement partners in announcing today’s indictment. We are committed to following the money and bringing to justice individuals who violate the law.”

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

This case was investigated by the Federal Reserve Board – Office of Inspector General, the Federal Deposit Insurance Corporation – Office of Inspector General, the Federal Bureau of Investigation, the Internal Revenue Service – Criminal Investigation, and Special Inspector General for the Troubled Asset Relief Program. It will be prosecuted by Assistant United States Attorney Nicole H. Waid.

Posted By: Ralph Roberts @ 10:43 am | | Comments (0) | Trackback |
Filed under: Bank Fraud,Mail fraud,Money Laundering,Wire Fraud

March 28, 2011

Texas Man Sentenced for Mortgage Fraud Scheme

Real Estate Investor Ordered to Pay Over $4.1 Million in Restitution

SHERMAN, TX—U.S. Attorney John M. Bales announced today that a 38-year-old Grapevine, Texas man has been sentenced to federal prison for his role in a mortgage fraud scheme in the Eastern District of Texas.

Esshan Samuel “Sam” Agha pleaded guilty on Oct. 19, 2009, to conspiracy to commit mail fraud and was sentenced to 51 months in federal prison today by U.S. District Judge Marcia Crone. Agha was also ordered to pay restitution in the amount of $4,127,131.50.

According to information presented in court, from Oct. 2005 to Feb. 2008, Agha, a real estate investor, devised a scheme in which he solicited others to buy homes that in most cases were in fact owned by himself or an unnamed co-conspirator. A smaller number of homes were also owned by a third party for whom Agha brokered the sales. Agha facilitated the scheme by making false statements that included misrepresentations such as overstating the buyers’ income and stating that the buyers intended to occupy the homes as their primary residence. All of the loans involved in the scheme went into default when the buyers failed to make the mortgage payments on the homes, which included 24 properties in Collin County and one in Tarrant County.

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.

These cases were investigated by the FBI and prosecuted by Assistant U.S. Attorney J. Andrew Williams.

Posted By: Ralph Roberts @ 10:56 am | | Comments (0) | Trackback |
Filed under: Investment Fraud,Loan Fraud,Mail fraud,Mortgage Fraud,Mortgage Fraud Scheme
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