The mother-and-son owners of the strip club where Sean Bell was killed were nabbed Tuesday in a $2 million mortgage fraud scam.

Queens prosecutors say Martina Duran, 57, and Roger Arias, 36, used identities stolen from the dead and the elderly to buy and sell three properties.

One victim was an elderly woman from the Dominican Republic who had never set foot on U.S. soil, prosecutors say.

Duran pocketed $250,000 from the July 2006 sale of a $500,000 South Ozone Park home, prosecutors said.

“These type of financial crimes have real-life consequences and will not be tolerated,” said Queens District Attorney Richard Brown.

Duran and Arias were each being held in lieu of $250,000 bond following arraignment.

Duran boasted to investigators that she had more than $1 million in assets in the Dominican Republic and needed armed guards to escort her throughout the country.

She and her son owned the defunct Club Kalua, where Bell was fatally shot in 2006 by cops probing reports of prostitution.

Two men, accused of selling the same property twice, were convicted on several counts, including grand larceny.

Mavis Samuel, 41, and Carlyle Ebanks, 55, were charged with selling the same Crown Heights building twice, to two different straw buyers.  They were convicted of Grand Larceny in the Second Degree and multiple counts of Falsifying Business Records in the First Degree. When they are sentenced April 13, they will face up to 15 years in prison.

The defendants first sold 1162 Pacific Street in September 2004. In that transaction, they paid a straw buyer $4,000 to buy the building. Though the straw buyer held the deed, Ebanks and Samuel maintained control of the building. While the straw buyer was recovering from a traumatic brain injury in spring 2005, Samuel convinced him to deed the property back to her.

Then, in November 2006, Ebanks approached a friend and told him that if he bought the building, Samuel and Ebanks would make him a partner in their real estate investment company. The defendants illegally inflated the “partner’s” income and savings account balance on a $1 million mortgage application, to buy 1162 Pacific Street for that price. With that “sale”, they paid off the mortgage on the original straw purchase, pocketed between $300,000 and $400,000, and maintained ownership.

In the time between the two sales, the building burned down. The case originated with the investigation into a string of suspected arsons in Crown Heights in early 2006.

New York Mayor Bloomberg and NeighborWorks rolled out a ‘Loan Modification Scam Alert’ on Thursday. The goal: to prevent yet more homeowners from falling victim to mortgage fraud.

They pose as experts, guaranteeing they can stop a home foreclosure. They may promise they can get you to the head of the line, leapfrogging over the thousands of other people trying to renegotiate their mortgage with the bank. But most of all, they want money upfront.

These are mortgage scammers. And now, some national organizations, including the Federal Bureau of Investigation, are targeting them.

On Thursday in New York, one of the organizations that tries to steer homeowners to legitimate counselors teamed up with Mayor Michael Bloomberg to roll out a “Loan Modification Scam Alert.” The goal: to prevent yet more people from giving money to financial predators. The nonprofit organization, NeighborWorks, has already tried to warn distressed homeowners in California, Florida, Texas, Ohio, and Maryland. California leads the nation in complaints about mortgage fraud.

“It is a rising problem, with more and more people every day calling to say they have been scammed,” says Eileen Fitzgerald, chief operating officer of NeighborWorks. “Folks are desperate, and they are willing to try anything.”

Although there are no national numbers on how many people are being scammed – many people are too embarrassed to report they got taken – there are probably hundreds of thousands of victims, Ms. Fitzgerald says.

The problem will get worse this year, she anticipates, because so many adjustable-rate mortgages (ARMs) are coming up for renewal – especially in California, Florida, Arizona, and Nevada. Particularly problematic could be option ARMs, in which the homeowner decides how much money he or she can afford to pay each month.

“Your ability to pick the amount you can afford to pay is definitely becoming much harder, and the monthly payments on the vast majority of these mortgages are going up,” Fitzgerald says.

At the same time, the number of loan modifications made by the companies servicing mortgage payments remains relatively small but growing.

As of the end of January, 116,000 permanent loan modifications had made since last February, when the Obama administration unveiled its Making Home Affordable Program, according to the US Treasury on Wednesday. The Obama program provides incentives to lenders to modify mortgages.

The 116,000 figure is double the number in December. In addition, 76,000 homeowners have been offered permanent loan modifications but have not signed the paperwork yet.

However, many more mortgage problems persist. As of September 2009, the Mortgage Bankers Association reported, 5.8 million mortgages were at least 60 days delinquent. This includes homes that have entered the foreclosure process.

TransUnion, a credit reporting company, released its own numbers on Tuesday. At the end of the fourth quarter last year, it said, 6.89 percent of all US mortgage payments were at least 60 days past due. That was an all-time high.

Enter unscrupulous loan-modification companies. They advertise on late night-television or radio shows and sound as if they are linked to the Obama program.

“Many of them have the word ‘hope’ in their phone number,” says Jonathan Mintz, commissioner of the Consumer Affairs Department in New York. “But it’s a false hope.”

New York City recently passed a mortgage antifraud law that requires loan-modification companies to reveal that they cannot charge upfront fees. People in need are encouraged to call a 311 phone number to get referred to legitimate counselors. But many of the scammers are located in other parts of the United States.

For example, a man in Queens, a borough of New York City, recently contacted a California company that was advertising heavily on radio and television that it could modify mortgages.

“They asked for $4,800 upfront, and the desperate homeowner sent them $2,200 dollars,” says Petra Tuomi, policy director at the Center for New York City Neighborhoods, a network of nonprofits that provides services for housing counseling. “They told him to stop paying the mortgage to the lender, and then he was stuck with them.”

The company has since gone out of business, and the man lost his $2,200.

PREET BHARARA, the United States Attorney for the Southern District of New York, and JOSEPH M. DEMAREST, JR., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (”FBI”), announced the unsealing of an Indictment yesterday charging LOUIS CHERICO, a lawyer who practiced in New York City and Westchester County, with participating in a wide-ranging scheme to commit mortgage fraud, obstruction of justice, and money laundering.

According to the Indictment filed in Manhattan federal court:

From July through December of 2002, CHERICO participated in a fraudulent real estate investment scheme which had, as its primary objective, the purchase of multi-million-dollar residential properties in various communities in Westchester County, New York, including Purchase, Eastchester, and Rye, with loans obtained through the submission of false and misleading information to banks and other lenders. Many of the loans were equal to or in excess of one hundred percent of a property’s actual sale price, so that the defendant and his co-conspirators did not have to put any of their own money at risk in the transaction.

CHERICO served as the attorney for various co-conspirators in negotiating and closing the fraudulent purchases that were part of the scheme. CHERICO and his co-conspirators submitted to numerous federally-insured banks various documents, including loan applications, contracts of sale, deeds, real estate transfer documents, and title reports. Those documents contained materially false or misleading information about the income, assets, existing debt and credit-worthiness of the borrower, the chain of title to the property, and the sale price of the home, as well as the borrower’s intent to reside in the property as a primary residence, when, in fact, the properties were typically purchased for investment purposes. As a result of the scheme to defraud, CHERICO and his co-conspirators obtained millions of dollars in loan proceeds, enabling them to control certain properties that they otherwise would not have been able to purchase and finance.

The Indictment also charges CHERICO with laundering the illegal proceeds obtained from the sale of one of the properties used in the mortgage fraud scheme by transferring the proceeds from a bank account controlled by CHERICO to an account that was controlled by one of his co-conspirators, DOMINICK DeVITO. The transaction was designed to conceal and disguise the nature, location, source, ownership, and control of the illegal proceeds.

The Indictment further charges CHERICO with obstruction of justice, and conspiracy to obstruct justice, in connection with the 2003 sentencing of DOMINICK DeVITO, following DeVITO’s conviction in United States v. Pasquale Parello, et al.,(01 Cr. 1120) in United States District Court for the Southern District of New York on charges of racketeering and mortgage fraud. Specifically, CHERICO assisted DeVITO in concealing profits that DeVITO earned from the sale of a property located in Purchase, New York, and in submitting an affidavit containing false and misleading information about the sale to the United States Probation Office.

CHERICO, 69, of Eastchester, New York, was arrested this morning and was presented and arraigned this afernoon in Manhattan federal court. The case has been assigned to United States District Judge COLLEEN McMAHON.

If convicted, CHERICO faces a maximum sentence of 30 years in prison on each of the six counts of mortgage fraud, 20 years in prison on the money laundering count, 10 years in prison on the obstruction count, five years in prison on the conspiracy to obstruct justice, and a fine of the greater of $1,000,000, or twice the gross gain or loss resulting from the crime.

Kings County District Attorney Charles Hynes announces indictments against a dozen individuals arrested by his Mortgage and Real Estate Fraud Unit.

A major milestone in every homeowner’s life is the day when they pay off their mortgage and their humble abode is truly theirs.

That being said, you can truly understand how Marine Park resident Jean Kemp felt when she got a phone call from a bank demanding she make an installment on her mortgage — 22 years after she made her last payment.

“It was so scary. I was just furious,” Kemp told reporters Thursday when it was announced that an unscrupulous attorney and his sidekick were responsible for “stealing” her home and using it to secure a $225,000 mortgage — two of a dozen scam artists in Kings County District Attorney Charles Hynes’ ever growing real estate rogues gallery.

Standing with Kemp, Hynes explained that Victor Koltun and Jarrett Haber, the attorney, doctored paperwork to make it look like they owned Kemp’s home, even though her family has been living there since 1975 (they hadn’t had a mortgage on the property since 1987).

The duo then used the property, as well as several others, to get a $225,000 loan, Hynes said. They reportedly used the money to pay down a large debt related to another real estate scam they were conducting in Long Island.

“Ordinarily, in real estate deals, you would say, ‘Get a lawyer.’ Now you say, ‘Get an honest lawyer,’” Hynes said, adding that his Mortgage Fraud and Real Estate Crimes Unit arrested Koltun and Haber after learning of Kemp’s plight through State Senator Carl Kruger’s (D-Mill Basin, Brighton Beach) office.

Upon learning that a second mortgage miraculously appeared on her house, Kemp, whose husband is in a nursing home, contacted Kruger’s office, looking for help. Finding something shady, Kruger’s people contacted the D.A.’s office, who arrested Haber and Koltun after a brief investigation.

Kruger was with Hynes and Kemp to announce the arrest Thursday.

“With mortgage fraud gaining status as the ‘crime of choice’ among thosewho prey on the elderly and other vulnerable residents, I applaud the efforts of District Attorney Hynes in aggressively pursuing those whoperpetrate this crime and prosecuting them to the fullest extent of the law,” he said in a statement.

But Kemp’s plight was one of several mortgage swindling stories outlined Thursday. Ten other flim flam artists have also been recently been indicted in various investigations conducted by the Mortgage Fraud and Real Estate Crimes Unit. Some of them were down right devilish.

Case in point: Attorney Alan Rocoff found himself being investigated by the Real Estate Crimes Unit when allegations were made that he had pocketed more than $200,000 he gained from an auction on a foreclosed church at 2525 Snyder Avenue in East Flatbush back in 2005.

Rocoff, who has now been suspended from practicing law in New York, reportedly got more than $300,000 for the property at auction.

After paying off all of the debts attached to the house of worship, Rocoff, the court appointed referee, allegedly held onto the money, despite repeat attempts of Pastor Robert Booker Sr., the owner of the property, to reclaim the leftover cash.

When Pastor Booker died in 2008, he was still trying to get the money owed to him returned, family members told reporters, who said that they were “jubilant” that justice had finally been served.

“This was his life,” his daughter Dorcel Egerton told reporters. “He would go outside and administer to the community, help people, giving people money.”

Rocoff is currently charged with grand larceny in the second degree.

Other con artists busted by the DA’s Mortgage Fraud and Real Estate Crimes Unit included Joseph Nykian and Nitza Jones who were charged with forging power of attorney in order to take out a $300,000 mortgage on a St. Marks Avenue home without the owner’s consent, New York City Corrections Officer Margareth Blanc, who was charged with collecting more than $30,000 in Section 8 rental subsidies while living in a home owned by his sister, and Todd Graham, who was accused of placing an ad on Craigslist for an apartment in a building he neither owned nor managed. Graham reportedly collected the first month’s rents and a security deposits from two prospective tenants before his scam was uncovered, officials said.

Hynes estimated that the 12 suspects were responsible for bilking banks, homeowners and tenants of more than $2 million dollars with these scams.

“The diversity of crimes committed by all of these defendants shows the lengths to which some unscrupulous people will go to enrich themselves illegally,” Hynes said. “The arrests and indictments should serve as a strong warning to all who still think that they will devise some new scheme and get away with Real Estate and Mortgage Fraud related crimes.”

“No matter how creative they think they are, no matter what lengths they go to avoid detection, they will be caught and prosecuted,” he said.

NEW YORK - Manhattan District Attorney Cyrus Vance, Jr., announced the arrest and second indictment of former businessman Adam Hochfelder, 39, of Manhattan, on charges of defrauding investors in two real estate deals, following an investigation by the Manhattan District Attorney’s Office.

Monday’s indictment charges Hochfelder with engaging in schemes to steal approximately $2.5 million from investors in his purported acquisition of the Sagamore Hotel on Lake George, and The Peaks Resort and Spa in Telluride, Colorado. The new charges are in addition to a scheme that already led to a 58-charge indictment against Hochfelder in 2008 for stealing more than $17 million through a series of fraudulent loans from banks, friends, and family, and through a fictitious real estate venture.

“The defendant systematically defrauded his friends, family and business associates out of millions of dollars through phony real estate deals, repeatedly abusing the trust of those who believed he was an upstanding businessman,” said District Attorney Vance. “This type of serial fraud, whether victimizing experienced speculators or novice investors, is a serious crime that can threaten the financial well-being of its victims.”

As charged in the indictment and in court filings, in addition to the Sagamore Hotel, Hochfelder also stole money from investors in a real estate project called The Peaks Resort and Spa in Telluride, CO.

NEW YORK —Despite a depressed real estate market, mortgage fraud and other related crimes continue to be a major problem, according to Brooklyn District Attorney Charles Hynes. Today he announced charges against 12 people for a variety of unrelated housing schemes, including mortgage fraud.

Three out of the 12 scams involved people posing as landlords and collecting rent and security deposits on apartments they didn’t own.

Those charged come from a variety of backgrounds. “Included among the 12 filings today is an attorney, a resigned attorney, and a suspended attorney. In addition there’s a New York City corrections officer and also, there are incredible to me, repeat offenders,” Hynes says.

Prosecutors say two of the alleged repeat offenders, Russell Pitt and Nathan Farkas, convinced an unemployed Brooklyn woman to grant them power of attorney so they could refinance her home. Instead, prosecutors say they sold her home and kept the proceeds. Attorneys for both men could not be reached.

One victim, Jean Kemp, says she was shocked to learn a $225,000 dollar mortgage had been taken out on her home in Marine Park. “When the guy told me that I said, ‘you’re out of your mind, I never took a mortgage, our house has been paid since 1987,” Kemp says.

The Brooklyn DA’s office says it’s special real estate crimes unit continues to receive hundreds of complaints.

MICHAEL HERSHKOWITZ, Manhattan Real Estate Developer Sentenced to Four Years in Prison for $27 Million Mortgage Fraud and Ponzi Scheme

PREET BHARARA, the United States Attorney for the Southern District of New York, announced that Manhattan real estate developer MICHAEL HERSHKOWITZ was sentenced today to four years in prison for his participation in a $27 million Ponzi scheme involving fraudulent loans secured by nonexistent mortgages.

According to the documents filed in the case in Manhattan federal court:

HERSHKOWITZ, working through a Manhattan real estate development company, The Kingsland Group, Inc., and related entities (collectively, “The Kingsland Group”), fraudulently induced approximately 100 individuals to lend the Kingsland Group over $27 million to fund the renovation of approximately sixteen multi-family apartment buildings located in upper Manhattan. HERSHKOWITZ and a co-conspirator, IVY WOOLF-TURK, falsely represented that the lenders would hold, as collateral for the loans, interests in bona fide first mortgages in the various properties in which they thought they were investing. In truth and in fact, HERSHKOWITZ did not record mortgages on behalf of the lenders. Some interest was paid to some of the defrauded lenders with loans made by other victims, and HERSHKOWITZ or WOOLF TURK made false statements to investors about the status of their loans. Ultimately the principal on the loans was not repaid when due, and the lenders learned that they did not have valid first mortgages on the properties in question, as had been falsely promised to them.

Numerous victims wrote letters to the Court, describing the impact of HERSHKOWITZ and WOOLF-TURK’s Ponzi scheme. One stated that she had “lost my life savings of a little over $200,000 because I trusted MICHAEL HERSHKOWITZ’s integrity,” and that her “life had changed completely, and I fight depression every day.” Another victim stated that because of the fraud, she “can no longer afford health insurance,” and “ha[s] no way to get decent health care despite having spinal cord and health problems.” Another complained that HERSHKOWITZ “preyed upon unsuspecting retirees, such as myself, with promises of safe, secure investments supported by New York City real estate.” Victims also complained that the fraud had decimated their retirement savings and their childrens’ college funds, and made them unable to make mortgage payments.

HERSHKOWITZ, 53, of New York, New York, previously pleaded guilty to one count of conspiracy to commit mail and wire fraud. He was sentenced today by United States District Judge P. KEVIN CASTEL. In addition to the four-year prison term, Judge CASTEL ordered forfeiture of $27,184,750, representing the funds obtained through the fraud.

In sentencing HERSHKOWITZ, Judge CASTEL said, “this was a systematic course of criminal conduct.”

WOOLF TURK, of Port Washington, New York, previously pleaded guilty to a related charge and was sentenced on November 23, 2009, to five years in prison and restitution of $27,184,750.

Mr. BHARARA praised the investigative work of the Federal Bureau of Investigation.

“Michael Hershkowitz and Ivy Woolf Turk defrauded nearly 100 victims out of more than $27 million dollars. Their victims entrusted sometimes a lifetime’s worth of hard-earned savings, only to lose everything. We will continue to work with our partners at the FBI to combat fraud and to bring those responsible to justice,” said U.S. Attorney PREET BHARARA.

I wrote about Lend America earlier last month here on my Flipping Frenzy blog. The article concerned Lend America’s negative esteem among the halls of the Housing and Urban Development (HUD) for having, “…a default rate that is eight times the industry’s average.”

Within 48 hours, first the Federal Housing Administration (FHA), then the Government National Mortgage Association (Ginnie Mae) the next day withdrew their approval for Lend America to participate in the FHA single family insurance program.

A national mortgage lender, Lend America is known for its aggressive media marketing campaigns: full-page newspaper ads and television infomercials to solicit business from homeowners facing foreclosure, can no longer originate or underwrite FHA loans or issue Ginnie Mae securities.

The FHA also imposed civil money penalties against the Melville, N.Y. lender for $512,500 based upon two notices of violation issued to the Company last month. Lend America has 30 days to challenge the withdrawal action and the imposition of civil money penalties before an Administrative Law Judge. The action taken today follows a Quality Assurance review that found Lend America, also doing business as Ideal Mortgage and Lending Key violated a number of HUD/FHA requirements.

Lend America has originated some 11,300 FHA-backed loans over the last two years, ranking them No. 22 out of 13,419 (as of today, make that 13,418) among FHA lenders by volume.

In a terse statement today, a Lend America spokesperson offered this response: “The company is surprised and disappointed by today’s action by the U.S. Department of Housing and Urban Development’s Mortgagee Review Board. The Company is currently reviewing all possible options and remedies in response to this action, and will respond shortly once a decision has been reached.”

“The FHA’s action triggers an immediate default in the Ginnie Mae program,” said Ginnie Mae Executive Vice President Mary Kinney. “We have taken these steps to protect the integrity of our MBS program and the American taxpayer.”

“We have no tolerance for lenders who abuse their FHA-approval,” said FHA Commissioner David Stevens. “The evidence in this case points to a disturbing pattern of senior officials and underwriters, either not knowing what they were doing, or not caring. Therefore, Ideal (Lend America) has been immediately withdrawn from participating in the FHA-insured mortgage program.”

In October, the Justice Department filed suit at HUD’s request to bar Lend America from making government-backed loans, accusing the company of falsely certifying borrowers who received $14 million in FHA-backed loans. However, U.S. District Judge Joseph F. Bianco denied the government’s request for a temporary restraining order that would prevent Lend America from making such loans while a civil fraud injunction against the company and one of its senior managers is being decided.

Lend America was the first lender in the country to receive approval from HUD to underwrite, close and insure Hope for Homeowners loan transactions without prior HUD review. In May, it launched a $500,000 a month advertising campaign with the tagline “Relief Comes In The Form Of Hope” featuring full page ads in The New York Times, The Washington Post, USA Today, The Wall Street Journal, and Newsday. In addition, it launched a series of 60 second format TV commercials and cable TV infomercials featuring phony anchors for the “Mortgage Loan Network.”

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When a then 65-year-old Brooklyn, New York, woman sought the assistance of a foreclosure rescue firm, instead of helping her refinance and save her home, the much maligned Home Savers Consulting Corp. sold her home from under her. To add insult to injury, insolvent IndyMac, which is now controlled by the Federal Deposit Insurance Corp., issued the bogus mortgage on the home.

Now, the 69-year-old woman–Waver Brickhouse–has to convince the FDIC that her mortgage payments shouldn’t include an additional $150,000 added on by mortgage fraud. From yesterday’s edition of The New York Times:

Mortgage Fraud Case Poses Federal Quandary

By MICHAEL POWELL

Waver Brickhouse, gray-haired and soft-spoken, has come undone twice during the nation’s housing crisis.

In 2005, she fell behind on her mortgage payments and turned to a so-called rescue firm, which, court papers allege, tricked her into signing away the deed to her Brooklyn home. She says the company, Home Savers Consulting, secretly sold her home, with the help of a mortgage from IndyMac Federal Bank, and ran up huge new debts.

Now broke, deeply embarrassed and facing the loss of her small row house in the Brownsville neighborhood, Ms. Brickhouse, 69, faces a new problem. She must convince the Federal Deposit Insurance Corporation, which last year took control of IndyMac, now insolvent, that her mortgage payments should not include at least $150,000 tacked on by fraud.

To assume these new costs, she says, would break her in two.

“I’m going to drown in debt,” says Ms. Brickhouse, a retired city parks department worker, shaking her head. “I feel like it’s just a matter of time until I’m on the street with my children.”

F.D.I.C. officials say that they have no desire to put Ms. Brickhouse on the street and that they want to work out affordable payment terms. But Ms. Brickhouse’s lawyers say that the F.D.I.C.’s writ cannot extend to holding her responsible for a fraudulently created mortgage, and they have refused to disclose her finances until the agency drops its claim for the $150,000.

“Our position is that the mortgage with IndyMac is toilet paper — it has no legal standing,” said her lawyer Rick Wagner, litigation director with Brooklyn Legal Services Corporation A. “The law for 200 years is that no title can arise from a fraudulent act.”

Ms. Brickhouse has sued Home Savers, and her case underscores the conundrum facing the F.D.I.C. as it wades through thousands of troubled mortgages it has inherited from failed banks, 40,000 from IndyMac alone.

Tasked with renegotiating mortgages and cautious about preserving taxpayers’ dollars, the F.D.I.C. has tried to steer clear of making judgments about whether homeowners have fallen victim to fraud.

“Our position on stated income loans is that a lot of people say that someone else was responsible for the fraud,” Michael H. Krimminger, special adviser for policy in the office of the F.D.I.C. chairman, said in an interview. “It’s much more productive to get people to a position where they can stay in their homes, and to do that we must be able to verify what a borrower can afford.”

But Ms. Brickhouse’s case has a persuasive ring to it, not least because one of those engaged in the alleged fraud returned her deed and swore out an affidavit describing the scheme. In December, Mayor Michael R. Bloomberg invited Ms. Brickhouse to a press conference and vowed to forestall foreclosures in cases like hers.

Her story finds an echo in many working-class corners of New York City. The company accused of victimizing her, Home Savers Consulting, has been sued by homeowners in Brooklyn, Queens and Staten Island, and nearly every case alleges a similar pattern of deception: An owner behind on a mortgage turns in desperation to Home Savers, which secretly transfers the deed to a “straw buyer” with good credit who qualifies for a cash-out refinancing. Then, it is alleged, Home Savers drains the homes of equity.

Jessica Attie, co-director of the South Brooklyn Legal Services Foreclosure Prevention Project, estimates that Home Savers extracted at least $5 million in equity from the homes of people in a handful of her cases. Legal services lawyers have frequently forwarded information on Home Savers to prosecutors, but no criminal cases have been brought.

One of Home Savers’s founders, Garth Celestine, declined to address any detail of Ms. Brickhouse’s case. “We had a plan to help people,” he said on Thursday. “Maybe it did not always work.”

He said he would explain all of it in a book he is writing. Asked its title, he replied, “I’m thinking of calling it ‘No Good Deed Goes Unpunished.’ ”

Hundreds of new fraud claims like Ms. Brickhouse’s emerge every month. The F.B.I.’s most recent Financial Crimes Report estimates that mortgage fraud costs Americans $4 billion to $6 billion annually. The same report identifies New York State as a “Top 10 hot spot” for fraud, and notes that federal law enforcement is overburdened.

Last week, Sheila C. Bair, the F.D.I.C.’s chairwoman, called mortgage fraud “a significant problem” and warned that “scammers are moving into foreclosure prevention.”

Waver Brickhouse does not come by trust easily.

She grew up in the public housing towers of Brownsville, and her mother drilled it in her that survival depended on keeping to herself. She led a largely solitary life, going to work and church, and adopting four foster children.

In 1996, she took her life savings and purchased her first home. Slowly she became friends with a neighbor, Ophelia Fenner. When Ms. Brickhouse fell behind on her mortgage payments in 2005, Ms. Fenner suggested that Home Savers Consulting might help set her finances straight.

Ms. Fenner, court papers show, received a finder’s fee for guiding her friend to Home Savers, a fact that she did not disclose to Ms. Brickhouse.

Home Savers Consulting, and its principals — Mr. Celestine and Phillip Simon — are neither real estate agents nor mortgage brokers. They offered to refinance Ms. Brickhouse’s $213,000 home mortgage with the help of a “sponsor,” and to use the proceeds to pay her mortgage for a year. The breathing space would give Ms. Brickhouse time to pay off her debts. At year’s end, Ms. Brickhouse would resume her mortgage payments and Home Savers would take a small fee.

Recounting the arrangement, Ms. Brickhouse shakes her head. “I thought this would save me,” she said.

In May 2007, Ms. Brickhouse attended a meeting, according to court papers and a sworn affidavit. There was a representative from IndyMac Bank; Yolanda Millett, the straw buyer; Ms. Millett’s lawyer; and a Home Savers representative.

Ms. Brickhouse assumed everyone was there to help her; they were in fact selling off her house.

Ms. Millett received $8,000 to serve as the straw buyer, according to the court papers. On the spot, IndyMac gave Ms. Millett a $380,000 mortgage, allowing Home Savers to strip the home of $150,000 worth of equity.

Ms. Millett could not reached for comment.

A year later, Ms. Millett apparently had second thoughts. In August 2008, she swore out an affidavit that accused Home Savers of misleading Ms. Brickhouse at every turn. “She did not at any time believe that ownership of the subject property passed to me,” Ms. Millett stated in the affidavit, “and her intent was never to relinquish ownership.”

Ms. Millett returned the deed to Ms. Brickhouse. But Ms. Brickhouse’s travails had not ended.

About the same time, the F.D.I.C. took over IndyMac Bank. The agency now has responsibility for its assets, including its large mortgage portfolio.

F.D.I.C. officials asked Ms. Brickhouse to forward financial information so they could work out arrangements for her to pay some portion of the $380,000 mortgage. Ms. Brickhouse acknowledges that she is responsible for the $213,000 on her original mortgage. But she refuses to pay any part of the mortgage that she said was obtained through fraud.

Federal officials say they have no way of determining whether Home Savers Consulting committed fraud. And in any case, they add, IndyMac was not involved.

But court papers show that an IndyMac representative sat at the table as Home Savers orchestrated the secret sale.

“They knew that Home Savers had no legal standing whatsoever and yet said nothing,” said Mr. Wagner, Ms. Brickhouse’s lawyer. “IndyMac was writing out bad paper and they knew it.”

For now, F.D.I.C. officials say they are not looking to foreclose on Ms. Brickhouse’s home. But they have turned to a highly paid corporate lawyer who specializes in defending subprime lenders against class-action lawsuits to pursue the case with Ms. Brickhouse. “As the receiver for the bank and deposit insurer, we must balance our action with our duty to protect the depositors from the bank,” Mr. Krimminger said.

As for Ms. Brickhouse, she sits some nights and examines the documents she signed, and wonders at her naïveté. Recently, Ophelia Fenner apologized, saying she felt very bad.

“I told her, ‘So do I,’ ” Ms. Brickhouse said. “This almost cost me a house and a friendship, and I only had one of each.”

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John Nicolo, 75, his wife Constance Roeder, 65, and David Finnman, 61, have all been sentenced for their roles in a real estate scam involving real property tax appraisal and assessment schemes. Last May, after a 10-week trial, a jury convicted Nicolo and Finnman with defrauding Eastman Kodak Company, IBM, Global Crossing, ITT Industries, Inc., and the taxpayers of Greece, New York, in connection with several real property tax appraisal and assessment schemes. Nicolo and Roeder were also convicted of numerous tax fraud counts. Nicolo was sentenced to 12 years in prison. Roeder received probation. David Finnman got a 21-month in sentence.

John Nicolo was convicted of three conspiracy charges, nine mail fraud counts, eight wire fraud counts, and twenty-one money laundering counts, while David Finnman was convicted of one conspiracy count, two mail fraud counts and two money laundering counts.

The charges stem from various schemes in which David Finnman, and later Mark Camarata, while working at Kodak, would hire John Nicolo, a real property appraiser, to perform real property appraisal services for Kodak in connection with many of Kodaks’s properties during the years 1997 through 2005. In return for hiring John Nicolo, David Finnman would receive money representing kickbacks from Nicolo. In addition to the kickbacks received by Finnman, the trial established that the Greece, NY, Town Assessor also received payments from Nicolo in connection with various property tax assessment matters involving property located in Greece.

While there were several schemes proven at trial, the largest scheme involved the Town Assessor accepting bribes in return for reducing the real property tax assessment for Kodak property located in Greece, NY. Kodak had property located in Greece known as Kodak Park. Based on the reductions the Town Assessor made to Kodak Park’s real property tax assessment, John Nicolo calculated the tax savings to Kodak over a 15-year period to be $31,527,168. They also calculated Nicolo’s fee from Kodak to be $7,881,798.00, which was 25 percent of Kodak’s projected tax savings.

Additionally, John Nicolo and Constance Roeder were convicted of conspiracy to defraud the Internal Revenue Service. Nicolo was convicted of nine counts of filing or aiding and abetting the filing of false income tax returns. Roeder was convicted of five counts of filing false income tax returns.

The indictment also contained forfeiture allegations against John Nicolo and David Finnman. The government seized over $12,000,000 dollars in assets during the investigation. The Honorable David G. Larimer has issued a preliminary order of forfeiture regarding the seized assets, and additionally imposed a forfeiture money judgment against Nicolo in the amount of $9.7 Million and against Finnman in the amount of $140,000.

Image via WikipediaNo one who reads Flipping Frenzy on a regular basis will be surprised by this story, but perhaps it’s just what we need in the fight to educate the public and bring about real change in government when it comes fighting real estate and mortgage fraud. From last night’s online edition of the Daily News (NY, NY):

It took 90 minutes for Daily News to ’steal’ the Empire State Building

BY WILLIAM SHERMAN
DAILY NEWS STAFF WRITER
Tuesday, December 2nd 2008, 10:46 PM

In one of the biggest heists in American history, the Daily News “stole” the $2 billion Empire State Building.

And it wasn’t that hard.

The News swiped the 102-story Art Deco skyscraper by drawing up a batch of bogus documents, making a fake notary stamp and filing paperwork with the city to transfer the deed to the property.

Some of the information was laughable: Original “King Kong” star Fay Wray is listed as a witness and the notary shared a name with bank robber Willie Sutton.

The massive ripoff illustrates a gaping loophole in the city’s system for recording deeds, mortgages and other transactions.

The loophole: The system - run by the office of the city register - doesn’t require clerks to verify the information.

Less than 90 minutes after the bogus documents were submitted on Monday, the agency rubber-stamped the transfer from Empire State Land Associates to Nelots Properties LLC. Nelots is “stolen” spelled backward. (The News returned the property Tuesday.)

“Crooks go where the money is. That’s why Willie Sutton robbed banks, and this is the new bank robbery,” said Brooklyn Assistant District Attorney Richard Farrell, who is prosecuting several deed fraud cases.

Of course, stealing the Empire State Building wouldn’t go unnoticed for long, but it shows how easy it is for con artists to swipe more modest buildings right out from under their owners. Armed with a fraudulent deed, they can take out big mortgages and disappear, leaving a mess for property owners, banks and bureaucrats.

“Once you have the deed, it’s easy to obtain a mortgage,” Farrell said.

Many crooks have done just that:

- Asia Smith stole her 88-year-old grandmother’s house in Springfield Gardens, Queens, pocketing $445,000 in mortgages she took out.

“Her grandmother raised her,” said Queens Assistant District Attorney Kristen Kane. Smith, 22, was arrested last December and is serving a one-year jail term for fraud.

- A man posing as someone who had been dead for 19 years deeded the dead man’s property to himself. He then sold it to the scheme’s mastermind, who took out a $533,000 mortgage and vanished with the cash.

- Toma Dushevic managed to steal seven dilapidated city-owned buildings in Brooklyn 10 years ago.

He got renovation permits, fixed up one of the buildings, and rented out apartments. He sold another building for $250,000 and ran his scam for nearly two years until he was caught. Dushevic returned the buildings and did 18 months behind bars.

The FBI says financial institutions filed 31% more Suspicious Activity Reports involving mortgage fraud last year than in 2006. Nationwide, lenders’ losses totaled $813 million, and New York was one of the top 10 mortgage fraud states.

In the city, deeds accepted by the register’s office are recorded on that agency’s Web site, where they are easily viewed and are the basis for mortgage transactions.

The News investigation disclosed that mortgage brokers, representatives of title companies, lending banks, lawyers and others in the mortgage process often failed to verify identification and other information provided by the thieves.

Unlike the city employees, the brokers and others should check mortgagors’ information, their professional trade associations say.

In one Queens deed fraud case, a mortgage broker and title company representative are accused of taking part in the scam. They are charged with helping obtain $1.4 million in mortgages from two of the biggest banks in the city on behalf of the scammer, who has vanished.

In all cases The News reviewed, the city register’s office accepted and recorded the fraudulent mortgages.

Unlike the thieves, The News did not obtain a mortgage on the Empire State Building.

Instead, The News returned the property to its rightful owners Tuesday - less than 24 hours after the fake deed was filed. The News also is withholding key details of how the scam works.

Real thieves get the mortgage cash, ripping off banks and leaving the properties’ owners with mortgage debt and ruined credit.

“Mortgages stay with properties,” Farrell explained.

When the victims don’t pay the mortgages they didn’t take out, lending banks foreclose on the properties.

A major tool thieves use is the notary stamp on documents, one item city employees check.

“They don’t check to see if it’s real, but they do check to see if it’s there,” said a lawyer familiar with the system. The stamps are easy to get and cost about $30.

National mortgage broker and title company trade associations said their members try to verify identification but can be fooled by clever hustlers.

“We know you can forge driver’s licenses,” said Marc Savitt, president of the National Association of Mortgage Brokers.

“Every time the industry finds out measures to stop fraud, the thieves always get one up on us.”

Anne Anastasi, a member of the board of governors of the American Land Title Association, said, “There are people who are very good at this and it’s hard to stop.”

© Copyright 2008 NYDailyNews.com

To see the documents used in this heist for yourself, check out the following:

• PDF: Deed of Empire State Building sale (Page 1 of the Deed.)
• PDF: Deed of Empire State Building sale (Page 2 of the Deed.)
• PDF: Fake notary stamp

California REALTOR® Jose Oliva Sentenced for Real Estate Fraud: A real estate agent from Fontana, Calif., who was arrested in July of this year on felony charges connected to real estate fraud, has finally been sentenced… to six (6) months in jail followed by three (3) years probation.

John Matouk pleads guilty in Michigan of quitclaim deed fraud: According to the Wayne County Prosecutor’s Office, in February 2004, Matouk, who owned half a property in the 1100 block of Telegraph in Dearborn, forged a quitclaim deed from an elderly couple that transferred the entire property to his company, LM Investments of Dearborn LLC. Before his sentencing last week, Matouk was ordered to pay $26,000 in real estate taxes, the outstanding balance on a $650,000 loan, and court and probation costs. Because of his plea, Matouk received a sentence of two (2) years’ probation.

Rockland County, New York, task force targets mortgage fraud: Rockland County, NY, officials are trying to fight the worsening mortgage fraud problem by forming a Real Estate Fraud Investigation Task Force. The task force, a joint effort of Rockland District Attorney, County Clerk and County Sheriff, will investigate and prosecute cases involving recorded real estate documents, with an emphasis on instances in which the victim’s home is at risk of foreclosure.

U.S. Attorney charges Missouri mortgage brokers with cash-back-at-closing fraud: John F. Wood, United States Attorney for the Western District of Missouri, announced that several mortgage brokers are among six Missouri residents indicted by a federal grand jury last week for participating in several related mortgage fraud schemes. Charles M. Davis, 34, of Rogersville, Mo., Cheryl Joan Kassebaum, 42, and her husband, Scott Allen Kassebaum, 42, both of Ozark, Mo., Randall Lee Hall, 59, and Shanda Lynn Moore, 44, both of Springfield, Mo., and Steven Ray Spencer, 47, of Carl Junction, Mo., were charged in a 55-count indictment returned by a federal grand jury in Springfield. Davis, a former mortgage broker, was the owner of Master Marketing Consultants. The Kassebaums, former mortgage brokers, were owners of Metro Consulting Group. Hall is a former mortgage broker.

Westport, Connecticut, mortgage broker Fred Stevens pleads guilty to mortgage fraud: Stevens, 53, of Easton, Conn., is charged with submitting fraudulent mortgage applications with IndyMac Bank and other financial institutions resulting in losses of over $1,000,000.

Florida real estate appraiser Juan Gonzalez guilty of mortgage fraud: Gonzalez fraudulently obtained loans on more than 40 properties, victimizing numerous lenders and grossing over $5,000,000 in the process. As a result, the 51-year-old will spend the next 30 years in federal prison and pay a $1 million fine.

Following a 14-day trial, two members of a foreclosure rescue scheme have been found guilty of conspiracy, wire fraud and bank fraud as a result of engaging in a $10 Million dollar mortgage fraud scheme. The former owners of Homes R Us USA — Andrea Moore and Michael Irving — were found guilty last Thursday (11/13/08) of participating in a foreclosure rescue scheme which defrauded homeowners who were facing foreclosure and banks and other lenders who made mortgage and home equity loans.

According to the evidence presented at trial and other documents obtained by Flipping Frenzy:

• From September 2004 through April 2005, Andrea Moore and Michael Irving engaged in a fraud scheme targeting homeowners whose homes, primarily in Brooklyn and the Bronx, were in foreclosure or facing foreclosure.
• Homeowners were offered a plan to “save” their homes, including by refinancing their debt with new, larger mortgages.
• Because the distressed homeowners typically had poor credit and were not eligible to refinance their debt at favorable terms, Andrea Moore and Michael Irving induced them to sell their homes to straw buyers who would apply for loans to be used to “save” the home.
• Andrea Moore and Michael Irving promised that once the straw buyer obtained the mortgage, the proceeds would be used to pay off the homeowners’ old debt and make one year’s worth of payments on the new loans.
• The homeowners were told that, during that year, they could continue to live in their homes and work on improving their finances and credit.
• Finally, Moore and Irving explained to the homeowners that, at the end of the year, the title to their homes would be returned to them by the straw buyers, with their credit repaired and their homes saved.

There were also cases in which Moore and Irving did not explain to homeowners that the plan to “save” their home required them to deed their house to a third party an did not obtain permission to deed the homes to others. In such cases, Andrea Moore and Michael Irving effectively stole the property of the homeowners by forging the homeowners’ signatures on various documents that transferred the homes to straw buyers without the homeowners’ knowledge.

As a part of the scheme, Andrea Moore and Michael Irving submitted loan applications to various banks and lending institutions on the straw buyer’s behalf. In submitting these applications, they regularly used documents containing false or misleading information, including information concerning the straw buyer’s income, assets, and existing debt, to improve the straw buyer’s credit-worthiness.

In addition to false statements concerning the straw buyers’ financial profile, Moore and Irving misrepresented to lenders that the straw buyers intended to reside in the property that would secure each mortgage or loan, when, in fact, the properties were already occupied by the distressed homeowners.

Moore, who directed the daily operations of the scheme, and Irving, who served as a recruiter and later as a partner to Moore in the scheme, obtained numerous home mortgages and/or equity loans valued at well over $10 million. In some instances, Andrea Moore and Michael Irving failed to make even one payment on the loans, causing the loans to default immediately; in nearly every other case, they eventually failed to make the payments and defaulted on the loans, thereby “cashing out” on the properties. As a result, the distressed homeowners lost the titles to their homes and faced eviction, the straw buyers owed the lenders hundreds of thousands of dollars that they were unable to repay, and the lenders suffered losses from the defaulted loans.

Profits of the fraudulent scheme consisted of the difference between the value of the new and old loans, and they also earned hundreds of thousands of dollars in fees.

Moore was found guilty of one count of conspiracy to commit bank and wire fraud, four counts of wire fraud and one count of bank fraud. Irving was found guilty of one count of conspiracy to commit bank and wire fraud and one count of wire fraud. The conspiracy and bank fraud counts carry a maximum prison term of thirty years and a maximum fine of the greatest of $1,000,000 or twice the gross pecuniary gain or loss resulting from the crimes. The wire fraud counts carry a maximum prison term 20 years and a maximum fine of the greatest $250,000 or twice the gross pecuniary gain or loss resulting from the crimes.

In addition, Moore and Irving — who are scheduled to be sentenced on February 18, 2009 — are required to pay restitution to the victims of their crimes.

According to Michael Irving’s attorney, Christopher Chang, “Irving was the government’s scapegoat for a debacle which was the making of lenders and bankers who not only have escaped accountability for their grossly irresponsible conduct but now are bailed out of mess they created,” Chang said in an e-mail sent to the Associated Press. Chang, according to the AP, says he plans to appeal.

Details are now emerging from a Congressional subcommittee hearing that seem to suggest that the City of New York, along with the New York Yankees, may have committed real estate fraud in their attempt to pay for the construction of a new $1.3 Billion stadium in the South Bronx.

According to the Interim Report into Public Financial Assistance for the New Yankee Stadium, which was prepared for the House Oversight and Government Reform Committee’s Subcommittee on Domestic Policy by New York Assemblyman Richard L. Brodsky, City of New York officials intentionally misrepresented to the Internal Revenue Service (IRS) the value of the stadium’s property, which in turn helped the City secure special tax deals from the federal government.

Apparently, the City of New York used comparable land values in the borough of Manhattan rather than the Bronx to place a value for the new property upon which the stadium is being built. (The new ballpark is being constructed across the street from the current one, on the present site of Macombs Dam Park.)

Today’s House Oversight and Government Reform subcommittee hearing in Washington, D.C., was called by Congressman Dennis Kucinich (Democrat, Ohio), Chairman of the Subcommittee on Domestic Policy, to examine whether the use of the federal tax code to subsidize the construction of professional sports stadiums and arenas furthers the public interest. It was the third hearing held by Kucinich’s group on this subject and the first to examine alleged improprieties in the financing process of the New York Yankees new stadium.

“In the case of the new Yankee Stadium,” Congressman Kucinich said, “not only have we found waste and abuse of public dollars subsidizing a project that is for the exclusive benefit of a private entity, the Yankees, but also we have discovered serious questions about the accuracy of certain representations made by the City of New York to the federal government.”

Furthermore, Kucinich says that the Subcommittee on Domestic Policy has found substantial evidence of improprieties and possible fraud by the financial architects of the new Yankee Stadium.

As Flipping Frenzy readers know, inflated appraisals are often involved in the advancement of real estate and mortgage fraud. More often than not, a key player in an illegal flipping operation is the appraiser, who inflates the value of the house on paper to enable the buyer to qualify for a higher loan. Sometimes, a real appraiser is pulled into the scheme. In other cases, the appraisal is simply a phony document.

At issue for the City of New York, the New York Yankees, the IRS, and now the United States Congress, is the valuation of the land used for the site of the new stadium. Similar to residential real estate, municipal real estate developments require appraisals. In the case of Yankee Stadium, New York Assemblyman Brodsky and others–including members of Congress–believe that the value of the stadium land was grossly inflated and misrepresented to the IRS in order to justify more than $900 Million in tax-exempt bonds that were issued to finance construction of the stadium.

If in fact the allegations are true, the City of New York and the New York Yankees may just be key figures in the largest real estate fraud scam ever to be uncovered in the U.S.

The former head of the Urban League of Northeastern New York was sentenced last week to serve 5.25 years in federal prison, and ordered to pay more than $1.9 million dollars, for his leadership role in a massive mortgage fraud scheme that rocked Albany, New York. Thirty-nine-year-old Aaron Dare’s conviction stems from a guilty plea he entered on November 13, 2006 for wire fraud, mortgage fraud, and causing false statements to be made on HUD-Insured Loans.

From late 2000 through August of that same year, Aaron Dare defrauded AMI Capital, Inc. of Bethesda, Maryland, and the U.S. Department of Housing and Urban Development to obtain money and property by means of false and fraudulent pretenses. Dare purchases included the Hinckel Brewery Apartments, a multi-family residential housing project located at 201 Park Avenue, in Albany, NY; the Olde Franklin School Apartments, another multi-family residential housing project, located at 1675 Avenue B, in Schenectady, NY; and, the Historic Pastures Village Apartments, a multi-family residential housing project consisting of approximately 39 residential buildings located in the Historic Pastures area of Albany.

As part of the scheme, Aaron Dare provided false information to AMI and HUD, which insured the loans, regarding his experience and qualifications, and the identity, experience and qualifications of his purported investors. Promissory notes in the amounts of $1.8 million and $700,000 were prepared and executed between Dare’s company, Emerge Real Properties, LLC, and entities affiliated with the seller, which falsely made it appear to AMI and HUD that Dare and/or Emerge Real Properties had approximately $2.5 million in equity and credit to apply toward the purchase of the properties when, in fact, the promissory notes were false and fraudulent and Dare and his companies did not have such equity and credit to apply toward the purchase of the properties.

As another part of Aaron Dare’s scheme, an additional promissory note was prepared and executed, which was not provided to AMI or HUD, and which effectively cancelled out the purported equity reflected in the false and fraudulent $1.8 million promissory note.

Dare’s stated purchase price of the properties was inflated from approximately $6 million to $8.5 million to take into account the bogus promissory notes. Also, notwithstanding the existence of a significant financial relationship between Dare and the owner of the properties, Identity of Interest Disclosure Statements were prepared and executed that basically represented to AMI and HUD that there was no identity of interest between the entities that were identified as the borrower and the seller of the properties.

After reviewing extensive documentation provided by Dare and others, and in reliance on the false statements and documents admitted by Dare as part of his plea today, AMI made HUD- insured loans in the total amount of $7,577,400 to Dare’s company for the purchase of the three residential housing projects, with a total stated purchase price of approximately $8.5 million.

In execution of this scheme, on or about August 29, 2002, Dare knowingly caused to be transmitted in interstate commerce from AMI’s warehouse vendor in the State of Ohio to the State of New York, a wire transfer of funds in the amount of $3,678,866.42 for the purchase of the Historic Pastures Village Apartments. Shortly after the closing on the third loan in August 2002, all three loans went into delinquent status and, eventually, defaulted. Pursuant to the terms of the loan agreements, HUD foreclosed on the properties and, following the sale thereof, suffered a total loss of approximately $1,952,200.

According to the Federal Bureau of Investigation (FBI), which earlier today issued yet another Mortgage Fraud Advisory, here are the latest Real Estate Fraud statistics:

• Estimated Annual Losses: $4 billion to $6 billion
• Total Mortgage Fraud Suspicious Activity Reports in Fiscal Year 2007: 46,717, with $813 million in losses
• Total FBI Mortgage Fraud Task Forces/Working Groups (June 2008): 42
• Pending FBI Mortgage Fraud Investigations (May 2008): 1,380
• Cases opened in Fiscal Year 2007: 462 (compared to 295 in Fiscal Year 2003)
• Successes in Fiscal Year 2007: 321 indictments/informations; 260 convictions
• States with Significant Mortgage Fraud problems in 2008:

1. Florida
2. Nevada
3. Michigan
4. California
5. Utah
6. Georgia
7. Virginia
8. Illinois
9. New York
10. Minnesota

Following up on a story first reported by Flipping Frenzy in August of 2007, the president of a New York-based real estate investment firm has been sentenced to serve more than 11 years in federal prison and fined more than $22 million for his role in a real estate investment scam that defrauded more 200 people from 2002 through 2007. Forty-six-year-old Wilson James Baston, Jr., who is also known as Will James, pleaded guilty in March to 17 count of mail fraud and wire fraud in connection with the scheme.

For more on this story, including details on Baston’s methods, read our August 20, 2007 post, “ President of NY Real Estate Investment Firm Indicted On Multi-Million Dollar Fraud Charges.”

Glen G. McGorty, Assistant United States Attorney for the Southern District of New York, successfully prosecuted the Baston case. Prior to prosecution, the case was investigated by the Criminal Investigators of the United States Attorney’s Office, the United States Postal Inspection Service, and the Federal Bureau of Investigation. Federal District Judge for the Southern District of New York, Harold Baer, Jr.. presided over the case and imposed Baston’s sentence and fine on August 7, 2008.

We talk about a lot of “constants” here on Flipping Frenzy (e.g., constant threads in real estate and mortgage fraud; the constant barrage of seemingly never-ending real estate and mortgage fraud cases; the constant denial by many in the real estate industry and elsewhere that real estate and mortgage fraud is that big of a problem; etc.). So today we’re joyous over the news out of Brooklyn, New York, of another “constant” development… namely, that one Emmanuel Constant–a Haitian national who, despite being convicted for crimes against humanity, has been living freely in New York since the mid-1990s–has been found guilty of six felony counts against him related to a mortgage fraud scheme.

(photo (c) 2007 Jesse Ward)

A Kings County, NY, Supreme Court jury found Emmanuel Constant guilty last Friday of fraudulently arranging millions of dollars in home loans for three Brooklyn properties. Constant, who has been convicted in Haiti, in absentia, for crimes against humanity, will remain in police custody. Sentencing will occur on September 10, 2008.

In an elaborate mortgage fraud scheme, Emmanuel Constant and other co-conspirators fraudulently arranged bank financing for the purchase or refinancing of three Brooklyn properties. After locating a property for sale and generating an artificially high appraisal value for the property, they would pay a straw buyer to get loans from mortgage banks to purchase the house at the inflated value. Constant and the co-conspirators would then divert the proceeds of the fraudulently obtained home loans to themselves. Many of Constant’s co-conspirators have been arrested, and some contributed to the testimony against him.

For part of the period of the mortgage fraud scheme, Emmanuel Constant, 51, served as the Suffolk County branch manager for D & M Financial, Inc., a New Jersey-based mortgage bank. In a separate conviction also prosecuted by the New York AG’s office, Constant served two years in prison for his involvement in the theft of over $1 million in mortgage funds from the fraudulent sale of a Suffolk County home. Constant completed serving this jail time on July 1, 2008.

Before being arrested for mortgage fraud, Constant, a native of Haiti, had been living freely in New York despite a 1995 federal immigration warrant and a 1995 federal deportation order. He was convicted in Haiti, in absentia, for crimes against humanity. He was the founder and commander of the Front Revolutionnaire Pour L’Advancement et le Progres d’Haiti, or “FRAPH,” which was dedicated to terrorizing and torturing political opponents of Haiti’s military regime.

The Kings County Supreme Court jury found Emmanuel Constant guilty of two class C felonies, two class D felonies, and two class E felonies. Sentencing will occur on September 10, 2008. Emmanuel Constant faces a maximum of 15-45 years in prison.