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March 21, 2010

Real estate fraud case settled with Atty. General

A $120,000 settlement has been reached with multiple Tucson defendants for their roles in what state Attorney General Terry Goddard called a fraudulent real estate scheme.

Those agreeing to the settlement included Andrew T. Silverstein, VinLan Ventures doing business as Re/Max All Executives, and Vincent Volpe. They must pay $84,000 toward restitution and $36,000 to the attorney general’s Consumer Fraud Revolving Fund.

The agreement follows a $60,000 settlement earlier this year in the same case against four other defendants: Tucson Mortgage Co., WGA Enterprises LLC and William and Jane Doe Anastopoulos.

According to the attorney general’s report, the scheme involved putting unqualified rent-to-own buyers into investment homes. Eventually many of these homes were foreclosed, causing harm to the investors, lenders and rent-to-own home buyers, according to the attorney general.

Posted By: Ralph Roberts @ 12:28 am | | Comments (0) | Trackback |
Filed under: Arizona, Real Estate Fraud

March 12, 2010

Fraudsters Plead Guilty to $10.6 Million Land Sale Scheme

Jeffrey H. Sloman, United States Attorney for the Southern District of Florida; John V. Gillies, Special Agent in Charge, Federal Bureau of Investigation, Miami Field Office; and J. Thomas Cardwell, Commissioner, State of Florida’s Office of Financial Regulation, announce that defendants Daniel Stephen and Patricia De Pons pled guilty to conspiracy to commit mail fraud in connection with a vacant land sale scheme that defrauded more than 1,000 victims out of $10.6 million.

According to the indictment, this case arose out of the sale of land in various counties in North Florida and in Georgia by First Loan Solution (“FLS”), a company owned and operated by Daniel Stephen. Stephen advertised the sale of the land to the Haitian community in Miami Dade County, using First Loan Solution’s website, Stephen’s radio program on Haitian radio, and the distribution of flyers. Stephen organized bus trips for prospective buyers to view the land in North Florida. During these trips, Stephen falsely represented that First Loan Solution owned the land. Stephen made similar false representations in individual meetings with the buyers.

Based upon these false representations, the prospective buyers agreed to enter into land sale contracts with First Loan Solution to purchase the land in one-acre increments. Upon signing the land sale contracts, Daniel Stephen required buyers to make down-payment deposits. Stephen falsely assured the prospective buyers that First Loan Solution would maintain the deposits in escrow accounts to be released only when authorized by the parties to the contract. Contrary to his representations, Stephen fraudulently diverted a significant portion of these buyers’ deposits to pay business expenses of First Loan Solution and for his personal enrichment.

Daniel Stephen failed to purchase the land that he had agreed to sell, causing significant delays in closing the land sales to the buyers. Stephen sent letters to the buyers purporting to explain the reason for the delays, fraudulently representing that the delay resulted from the lengthy time required to survey the land without disclosing that First Loan Solution did not own the land. Stephen also falsely assured the buyers that their deposits were being held in escrow accounts. Stephen used these letters to conceal the fraud and lull the buyers into a false sense of security about the status of the land transactions and the safety of their deposits.

Daniel Stephen hired a law firm with initials of E.-T. to serve as the closing and escrow agent in the land sale transactions between the prospective buyers and First Loan Solution. Patricia De Pons was the public face of E.-T. in connection with these First Loan Solution transactions. Many buyers attempted to terminate the land sale contracts and obtain refunds of their deposits. Patricia De Pons, on behalf of E-.T, and Daniel Stephen, on behalf of First Loan Solution, refused requests to obtain refunds, offering repeated excuses for failing to refund the deposits and referring the increasingly frustrated buyers back and forth between First Loan Solution and E.-T. In some instances, De Pons and Stephen did provide refund checks, although several of the refund checks issued by Stephen were returned for lack of sufficient funds.

Without explanation, Patricia De Pons presented the buyers with limited liability company (“LLC”) agreements for signature. De Pons failed to disclose to the buyers that, through these LLC agreements, the buyers were agreeing to purchase an interest in a limited liability company—with the company as the title owner of the property—and that the buyers were not purchasing land in their own names as Stephen had represented to them at the time the buyers signed their land sale contracts.

Patricia De Pons conducted false and fraudulent closings purporting to transfer title of the land tracts from First Loan Solution to the buyers. As part of the closing, De Pons demanded payment from the buyers of the balance purportedly owed on the land purchases. De Pons then sought to establish the legitimacy of these transactions by sending fabricated, unrecorded warranty deeds to the buyers. De Pons sent letters to the buyers representing that closings on their land had taken place and that a recorded copy of the warranty deed would be returned to the buyers upon receipt from the county where the land was located.

Despite conducting hundreds of closings purportedly transferring the land to the victim buyers, the buyers were left without any land and without a refund of the monies they provided to First Loan Solution and E.T. In excess of 1,000 victim buyers fell prey to this scheme with losses to the victims of $10,600,000.

This case was investigated by agencies participating in the Federal-State Mortgage Fraud Strike Force. Mr. Sloman commended the investigative efforts of the Mortgage Fraud Strike Force with particular commendation to the Federal Bureau of Investigation and the State of Florida Office of Financial Regulation. The case was prosecuted by Assistant U.S. Attorneys Peter A. Forand and Michael Sherwin.

March 8, 2010

Merced County law enforcement targets real estate fraud

Merced County’s stock of empty, foreclosed homes can be a magnet for criminal activity: metal theft, tagging, vandalism, illegal squatting. On Thursday, Merced County law enforcement officials gathered in North Merced to call attention to another crime gaining traction in our community: real estate fraud.

Last year, a joint federal, state and county real estate fraud task force, headed by the FBI, was created to confront the Central Valley’s dramatic increase in fraud reports. Merced County District Attorney Larry Morse’s fraud team has been up and running since 2009, but used this event to call attention to the crackdown.

“While our local economy wrestles with the financial fallout from a real estate depression, and thousands of homeowners are wracked with worry about losing everything, others have seized on an opportunity,” Morse said. “Those of us in law enforcement know all too well that in every tragedy there are criminal profiteers that will seek to exploit the misery of others.”

The Merced County fraud investigators have submitted eight cases for prosecution, half of them involved manipulation of elderly homeowners, Morse said. Two of the cases were settled when the defrauders pleaded to the crimes, he added.

If a fraud case spans several counties, the U.S. Attorney’s office will lead the prosecution. If a fraud scheme is confined to Merced County, Morse’s office will take the case.

The real estate fraud investigators here have 20 active investigations right now. The U.S. Attorney’s office in Fresno has several current fraud investigations, said Benjamin Wagner, U.S. Attorney for the Eastern District of California. Two years ago, the Eastern District led the country in mortgage fraud indictments, with nearly 50 cases, he added.

The Merced task force has two district attorney’s investigators dedicated full time to real estate fraud issues. Anna Hazel, one of the investigators, said most of the fraud crimes in Merced involve foreclosure rescue promises. More sophisticated schemes that originate outside of the county also hit people here, she said.

“By the number of foreclosures and the fact that we have so many people underwater, I can say the victim potential is great here,” Hazel said. “We get lots of complaints. We also have individuals in this county that are victims of much larger statewide plots.”

Authorities warned residents about the two most common schemes:

Foreclosure prevention fraud is an offer to help homeowners in foreclosure, but the criminal is actually looking to eventually get a large sum of money or the property itself.

In a loan modification fraud scheme, a businessman might promise to change a borrower’s loan terms for a fee.

Charging advance fees for loan modification workouts became illegal in California in October 2009.

Homeowners who need help should call a foreclosure avoidance counselor approved by the U.S. Department of Housing and Urban Development, or their bank. One local avoidance counselor, No Homeowner Left Behind, is at (559) 234-1492.

The task force agencies also stressed that they would look into frauds perpetrated by borrowers. Homeowners should never let someone talk them into making false statements — like overstating their income — on loan documents, the agencies warned.

To report suspected real estate fraud, or to get more information, contact the Merced County District Attorney’s real estate fraud unit at 1944 M Street, Merced, or by phone at (209) 385-7383. Spanish speakers can call (209) 385-7383, ext. 4229.

Posted By: Ralph Roberts @ 11:40 am | | Comments (0) | Trackback |
Filed under: California, Real Estate Fraud

February 24, 2010

Placer County wealth seminar host charged with Ponzi fraud

A Placer County man who hosted hotel seminars promising his audience certain wealth has been charged with fraud by the Securities and Exchange Commission.

The civil complaint, filed Tuesday in Sacramento federal court, charges Lawrence “Lee” Loomis and his father-in-law, John Hagener, with taking at least $10 million from more than 100 investors by promising them a 12 percent return with no risk.  SEC investigators said the money was instead used to prop up Loomis’ failing businesses.

News10 obtained videotape of one of the “Loomis Wealth Solutions” seminars hosted at a Sacramento hotel in December 2007.  On the tape, Loomis promised investors they would become rich.  “At a minimum, this is my vision for you. To have a net worth of at least ten million dollars. At least ten million. And many of you will have more, but at a minimum have a net worth of ten million,” Loomis told his audience.

In addition to the civil complaint, sources told News10 Loomis still faces a criminal probe in a $100 million multi-state real estate Ponzi scheme.  Three former associates have already been charged and two are in custody.

In 2008, FBI agents raided Loomis’ Roseville offices and his Granite Bay home, and later seized his bank accounts.  Placer County tax records show that Loomis’ home, valued at $1.6 million, was taken by the bank last summer.

by George Warren,

February 23, 2010

How To Protect Yourself From Real Estate Fraud

In the earlier days, it was easy to buy, refinance or sell properties. The buying and selling process are straightforward and people were more trustworthy than today. Communities were small and people know about properties that are for sale by word of mouth. Responses are immediate and deals are closed without too much hassle of evaluation, paper work and the like. But the reality is that these days are gone. The process has become complex and the people who make things happen have increased. If before, you can sell or buy a property by yourself and be confident to handle things, these days, it is best to get the right people to represent you and protect you from possible unusual circumstances. Now, you will have to deal with Real Estate brokers, appraisers, mortgage lenders, real estate agents, lawyers and other personalities that will be needed in the process.

Availing of the services of professionals is the first step in protecting yourself from Fraud. These professionals know indicators of bad deals and they can easily advise you on your possible next moves to avoid negative experience. With real estate as a critical and a major area of interest, the government has adopted laws to require professionals to secure their licenses in the practice of their profession. Knowing this, the risk becomes low as you have somebody who would not want to jeopardize his license just to enter into a false deal.

The best person to protect you from frauds is a Real Estate lawyer. You have to find one who will only be loyal to you and nobody else. He is the person to trust and he is responsible for protecting your interest. You have to make sure that you will be hiring somebody who is trustworthy, experienced and credible. Sometimes there is a higher price tag for this type of lawyer but it is surely worth the difference in price when you get somebody you really do not know.

In your hiring process, never trust recommendations without doing your background check. There are established Network of professionals that may look credible but sometimes these organizations can pose some problems because of their expertise. This expertise can be used to impose some Fees and other costs and instead of helping you, they can make you feel robbed at the end of the process.

When you already have a trusted real estate lawyer, you can avoid fraud by not signing any document that your lawyer did not approve. There are many cases when people sign documents just to satisfy notary requirements and end up discovering that there are stipulations in the document that were not agreed on.

Always use the services of your lawyer whatever is your concern. You have to be honest and tell him about your observations and listen to him as he will always have recommendations that can make you benefit even more.

The most important way to avoid fraud is to know what the law says. You also have to do due diligence in updating yourself about the state of the real estate industry and improve on your level of understanding in the field. The knowledge that you gain can make you do away with suspicious and fake dealings.

By John Carlstrom

Real Estate Articles

Posted By: Ralph Roberts @ 10:29 am | | Comments (0) | Trackback |
Filed under: Real Estate Fraud

February 21, 2010

Police Arrest Second Suspect in Connection with Real Estate Scam

Midland Police say the second man wanted in this case has turned himself in.

Marcus Rosenberger turned himself in around noon on Wednesday.

This comes after an on going investigation by police.

Rosenberger and James Morrison, both with Vanguard Properties, are accused of defrauding several homeowners.

Detectives say the men bought the homes from the residents.

Under the agreement, they were supposed to pay the homeowner’s back mortgages and take over the loans.

But police say the suspects re-sold the homes and pocketed the cash instead.

Before our story aired on Tuesday, only four people had come forward, saying they were victims of the scam.

On Wednesday, an additional seven people have filed a report with police saying they were also scammed.

If you feel like you’ve been a victim in this case, police are urging you to contact them.

Posted By: Ralph Roberts @ 4:33 pm | | Comments (0) | Trackback |
Filed under: Connecticut, Real Estate Fraud

February 20, 2010

Five who Targeted Homeowners in Default Sentenced to Federal Prison in $13 Million Mortgage Fraud Case

Orange County Man Gets 15 Years for Fraud, Refusal to Account for Off-Shore Money

A Downey woman who orchestrated a real estate fraud scheme that caused nearly $13 million in losses after falsely promising to help homeowners in default on their mortgages has been sentenced to 10 years in federal prison. A second person involved in the scheme was sentenced yesterday to 15 years in prison after a federal judge determined that he had refused to account for proceeds of the scheme in an off-shore bank account that he had agreed in his plea agreement to repatriate.

Martha Rodriguez, 38, who pleaded guilty to mail fraud and money laundering charges in relation to the scheme that ran from May 2003 until November 2005, was sentenced yesterday morning to 120 months in prison by United States District Judge George H. King. In issuing the decade-long sentence, Judge King noted that Rodriguez perpetrated the mortgage fraud scheme while she was free on bond after being charged in another real estate fraud scheme. Edward Seung Ok, 44, of Huntington Beach, who pleaded guilty to mail fraud, was sentenced yesterday afternoon to 15 years in prison. Before issuing the sentence, Judge King ruled that Ok violated his plea agreement by failing to provide investigators with access to an account in the Bank of Nevis on the Caribbean island of St. Kitts into which Ok had transferred more than $1.6 million during the course of the fraudulent scheme. In his plea agreement, Ok had agreed to repatriate and transfer to the government all of the funds in that account. In addition to continuing to conceal the money, Ok transferred more than $1 million of the off-shore money into a secret account in the United States, where he could access the funds for his personal expenses, which included golf club memberships, illegal drugs and a $235,000 Lamborghini Gallardo, prosecutors told Judge King during yesterday’s hearing. Addressing the court during yesterday’s hearing, Ok admitted that he spent more than $1 million of the money he had hidden in the off-shore account during a two-year period when he was free on bond in this case.

The prison sentences stem from a fraud case in which Rodriguez, Ok and three others used computerized databases that list homes going into foreclosure to locate victims, who were promised refinancing services. The scheme was operated through Rodriguez’s real estate and escrow agencies, Silvernet Properties in Downey and Bellasi Escrow in Seal Beach. Instead of obtaining refinancing, Rodriguez and her co-schemers submitted loan applications in the names of “straw buyers” who were purportedly buying the properties. In some cases, the defendants paid the straw buyers for the use of their personal information. In other cases, the defendants used personal information of people without their knowledge. The loan applications for the straw buyers – which always contained false information – caused a series of lenders to fund more than 100 mortgages worth more than $40 million. The loan proceeds were used to pay off the loans in default, sometimes to make a few mortgage payments on the new loans, and to provide some instant cash to homeowners. However, the remaining proceeds, typically representing the bulk of the homeowner’s equity, were skimmed off by Rodriguez and her co-schemers.

Even though they were promised that they would be able to keep their homes, the victim homeowners usually lost title to their homes. The lenders suffered losses when the straw buyers then failed to make loan payments and the new loans went into default. Lenders were often unable to foreclose because the straw buyers did not know the properties were in their names. The scheme targeted commercial lenders and more than 100 homeowners across the Southland.

Three other defendants in this case were sentenced late yesterday by Judge King. They are:

Cynthia Valenzuela, a 27-year-old Orange resident who pleaded guilty to mail fraud, was sentenced to one year and one day in prison;

Vladimir Stefanovic, 38, of Huntington Beach, was sentenced to 18 months in prison; and Maria G. Juarez, 39, of Canoga Park, was sentenced to three years in prison, in part because, after she was arrested on the case, she continued to perpetrate loan fraud while she was free on bond.

This case is the result of an investigation by the Federal Bureau of Investigation and IRS - Criminal Investigation. The Los Angeles County Department of Consumer Affairs, Real Estate Fraud Section, provided substantial assistance during the investigation.

Posted By: Ralph Roberts @ 12:43 pm | | Comments (0) | Trackback |
Filed under: California, Mail fraud, Mortgage Fraud Scheme, Real Estate Fraud, Straw Buyer

February 19, 2010

Long Beach Man Pleads Guilty to a Ponzi Scheme that netted $33 Million of Profits in Real Estate Invesments

A 33-year-old Long Beach man who operated a number of ventures that he used to solicit money with false claims of profitable investments in real estate has pleaded guilty to a federal wire fraud charge.

Jon Weldon James pleaded guilty yesterday afternoon to the federal offense related to his Ponzi scheme that collected more than $33 million from his El Segundo-based venture that operated under a series of names, including J.W. James and Associates, Inc., and The Cloaking Device, Inc.

Appearing before United States District Judge R. Gary Klausner, James pleaded guilty and admitted that he defrauded more than 50 individuals who invested in his real estate-related investments from late 2003 through August 2006. James offered his investments through face-to-face meetings that included hosting presentations at restaurants, where he encouraged victims to invest their savings or money from their Individual Retirement Accounts.

While James told victims that he was using their money to invest in real estate and sent account statements that purported to show profits to some investors, James invested in only a few properties and made absolutely no profit from any real estate-related investments. However, in the hallmark of a Ponzi scheme, James used investors’ money to repay other investors who requested withdrawals of their funds. James also used investor money to pay for personal expenses, which included his wedding and an investment in a recording studio and production company called “On the Ball Entertainment.”

After taking in approximately $33 million from investors, repaying some investors and spending millions on personal and business expenses, James’s illegal conduct caused losses of approximately $11 million.

James is scheduled to be sentenced by Judge Klausner on May 24, at which time he faces a statutory maximum sentence of 20 years in federal prison.

Posted By: Ralph Roberts @ 12:11 am | | Comments (1) | Trackback |
Filed under: California, Ponzi Scheme, Real Estate Fraud

February 14, 2010

San Francisco, CA broker and real estate developer charged with $19.6m bank fraud

According to the indictment, Michael Ohayon, 41, and David Papera, 47, allegedly recruited thirteen straw buyers who used their good credit scores to nab $19.6 million in fraudulent mortgage loans from Washington Mutual Bank, with no intention of making either down payments or mortgage payments on the properties.

A mortgage broker and real estate developer on Friday were charged in San Francisco, California with conspiracy to commit a $19.6 million bank fraud, fraud, and money laundering, prosecutors said.

The indictment further alleges that Ohayon, with Papera’s knowledge, told the straw buyers that an entity controlled by Ohayon and Papera would use the loan proceeds to make the down payments and mortgage payments. Ohayon and Papera created and submitted to Washington Mutual Bank loan applications with numerous misstatements as to the straw buyers’ income and assets.

The maximum penalty for each count of conspiracy to commit bank fraud and bank fraud is 30 years in prison, a $1,000,000.00 fine, and restitution. The maximum penalty for each count of money laundering is 10 years in prison, a $250,000 fine, and restitution.

This case is the result of an investigation by the Federal Bureau of Investigation.

Posted By: Ralph Roberts @ 2:40 pm | | Comments (0) | Trackback |
Filed under: Bank Fraud, California, FBI, Florida, Mortgage Broker, Real Estate Broker, Real Estate Fraud

February 9, 2010

Attorneys, real estate barons busted for bilking their friends, family, everyday people

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.

Posted By: Ralph Roberts @ 11:06 am | | Comments (0) | Trackback |
Filed under: Mortgage Fraud, New York, Real Estate Fraud

Can Government’s Witness Be Trusted in City Official Corruption / Real Estate Fraud?

Solomon Dwek’s credibility is key in Beldini corruption trial Defense lawyer puts focus on deal failed mogul made

NEWARK - A federal jury’s answer to that question is likely to decide the fate of the government’s extortion and bribery case against suspended Jersey City deputy mayor Leona Beldini. Beldini, 74, is the first of the 44 people arrested in a July 2009 FBI public corruption and money-laundering sting to go to trial.

Dwek, 37, admitted career criminal, is the government’s witness. He spent almost five full days on the witness stand. At times stoic and subdued, at others angry and annoyed, and once moved nearly to tears, the disgraced land mogul who had ruled over a $400 million empire, testified before spectators that often included defense attorneys for others arrested in the FBI operation.

They heard him admit to bilking his uncle of $100 million in a real estate scheme and stealing millions more from a close family friend. They watched him choke up as he admitted under questioning that his mother and father are no longer his friends. They heard him admit to breaking several of the Ten Commandments.

But they also listened as he repeatedly contended that Beldini had only continued to meet with him because her motives were corrupt: she wanted the cash he was offering for Mayor Jerramiah T. Healy’s election campaign, and she wanted to be the exclusive real estate agent for the fictitious condominium complex Dwek claimed he was going to build.

“If she didn’t want to talk about it, she could have got up and left . . .,” Dwek responded testily to one series of questions from Beldini’s attorney, Brian J. Neary.

Neary implied that Beldini was simply too courteous to walk away from the meeting.

“She is courteous enough to simply talk to you. . .,” Neary said.

“And accept the money, yes,” Dwek shot back. “She was courteous for her own good, not for my own good.”

The government called only three other witnesses in the Beldini trial, while the defense presented no testimony at all. Should Beldini be acquitted, it is likely to encourage other defendants to take their chances at trial instead of agreeing to a plea deal.

The jury is expected to begin deliberations as early as Monday.

Posing as corrupt developer David Esenbach, Dwek wore a wire and secretly videotaped several meetings with Beldini, Healy, former Housing Commissioner Edward Cheatam and political consultant Jack Shaw. The black-and-white videotapes, along with wiretapped conversations from Shaw’s telephone, were the government’s key evidence at the trial.

Beldini is charged with funneling $20,000 in cash that Dwek gave to Cheatam and Shaw, into Healy’s 2009 mayoral campaign. Beldini served as campaign treasurer for Healy, who has not been charged with any wrongdoing.

Under cross examination by Neary, Dwek admitted that he never gave Beldini any cash directly. But on one videotape, Dwek can be heard asking the deputy mayor if Mayor Healy knows that Dwek had given Cheatam and Shaw $10,000 in cash to secretly purchase tickets for a Healy fundraiser.

“The mayor knows, you know, where the tickets came from?” Dwek asks, adding “. . .He appreciates the way I do business, right?’ ” Dwek asks.

“Absolutely,” Beldini answers.

Shaw died of an overdose of Valium on July 28, five days after his July 23 arrest. Two more people have since been arrested in the case, 12 have so far pleaded guilty, including Cheatam, who admitted to taking about $70,000 from Dwek.

Dwek admitted under questioning by Neary that he did not initially know that Beldini’s $66,000-a-year job as deputy mayor was an appointed position, and that she had no vote and did not sit on the city’s planning or zoning boards.

He had been told by Cheatam and Shaw, he said, that Beldini was the mayor’s “right-hand man,” and Jersey City’s second-most powerful public official.

Dwek began cooperating with the FBI only months after he was arrested on $50 million in bank fraud charges in May 2006. During more than two years working undercover as a government informant, Dwek drove all over New Jersey and into New York City in a Lexus, meeting with public officials and Sephardic rabbis.

The $1,753 monthly rental and insurance fee for his car was paid for by the federal government, which also reimbursed him for tens of thousands of dollars he spent on mileage, meals, tolls and parking

The jury is expected to begin deliberations as early as Monday.

Posing as corrupt developer David Esenbach, Dwek wore a wire and secretly videotaped several meetings with Beldini, Healy, former Housing Commissioner Edward Cheatam and political consultant Jack Shaw. The black-and-white videotapes, along with wiretapped conversations from Shaw’s telephone, were the government’s key evidence at the trial.

Beldini is charged with funneling $20,000 in cash that Dwek gave to Cheatam and Shaw, into Healy’s 2009 mayoral campaign. Beldini served as campaign treasurer for Healy, who has not been charged with any wrongdoing.

Under cross examination by Neary, Dwek admitted that he never gave Beldini any cash directly. But on one videotape, Dwek can be heard asking the deputy mayor if Mayor Healy knows that Dwek had given Cheatam and Shaw $10,000 in cash to secretly purchase tickets for a Healy fundraiser.

“The mayor knows, you know, where the tickets came from?” Dwek asks, adding “. . .He appreciates the way I do business, right?’ ” Dwek asks.

“Absolutely,” Beldini answers.

Shaw died of an overdose of Valium on July 28, five days after his July 23 arrest. Two more people have since been arrested in the case, 12 have so far pleaded guilty, including Cheatam, who admitted to taking about $70,000 from Dwek.

Dwek admitted under questioning by Neary that he did not initially know that Beldini’s $66,000-a-year job as deputy mayor was an appointed position, and that she had no vote and did not sit on the city’s planning or zoning boards.

He had been told by Cheatam and Shaw, he said, that Beldini was the mayor’s “right-hand man,” and Jersey City’s second-most powerful public official.

Dwek began cooperating with the FBI only months after he was arrested on $50 million in bank fraud charges in May 2006. During more than two years working undercover as a government informant, Dwek drove all over New Jersey and into New York City in a Lexus, meeting with public officials and Sephardic rabbis.

The $1,753 monthly rental and insurance fee for his car was paid for by the federal government, which also reimbursed him for tens of thousands of dollars he spent on mileage, meals, tolls and parking.

Posted By: Ralph Roberts @ 12:39 am | | Comments (0) | Trackback |
Filed under: Bank Fraud, City Official Corruption, FBI, New Jersey, Real Estate Fraud, Sephardic Rabbis

February 7, 2010

Real Estate Scams Flourish in Brooklyn

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.

Posted By: Ralph Roberts @ 2:44 pm | | Comments (0) | Trackback |
Filed under: Mortgage Fraud, New York, Real Estate Fraud

Two Sentenced in Indiana for Mortgage Fraud Crimes

INDIANAPOLIS—Kevin Lafavers, age 46, formerly of Indianapolis, was sentenced today to 33 months in federal prison, and Donald T. Brown, age 67, Lebanon, Indiana was sentenced to 27 months in prison. Circuit Judge David F. Hamilton sentenced both individuals following Lafavers’ guilty pleas to conspiracy to commit wire fraud and wire fraud and Brown’s guilty pleas to conspiracy to commit wire fraud and money laundering. These proceedings concerned the defendants’ participation in a multi-million dollar mortgage fraud scheme operated by Robert Penn in the Indianapolis area.

Today’s sentencing follows a lengthy investigation conducted by Special Agents of the Internal Revenue Service – Criminal Investigation Division, with the assistance of the Federal Bureau of Investigation. Judge Hamilton previously imposed sentence on six other individuals charged in the scheme as follows: Robert Penn, 84 months’ imprisonment; Mark Roth, 43 months’ imprisonment; Timothy Brown, 37 months’ imprisonment; Stephen Scott Brown, 37 months’ imprisonment; Jerry Jaquess, 30 months’ imprisonment; Tamara Scott, 24 months’ imprisonment.

Between November 2003 and August 2005, at least 136 fraudulent loans, totaling $16,613,850.00, were obtained by Robert Penn and his numerous business entities, assisted by Lafavers and Brown and others. The loans were obtained from Argent Mortgage Company, The MoneyStation, and People’s Choice Mortgage/Countrywide Home Loans.

The mortgage fraud schemes carried out by the defendants were accomplished as follows. Participants in the schemes, including Lafavers, located properties and arranged to purchase them at a fair market value generally by means of an option agreement or unrecorded land contract. Other participants in the scheme located straw purchasers who invested their good credit, but no money, to be the purchasers of these properties at a much higher price than that negotiated with the seller. Co-conspirators, including Brown, funded the down payments.

Lafavers was employed by Penn to locate properties for sale, negotiate the purchases of those properties, and enter into option agreements and land contracts with the sellers on behalf of Penn and his businesses. Lafavers generally received $1,000.00 per property located. Lafavers also attended some property closings on behalf of Penn’s companies and received checks that represented illegal proceeds. Lafavers’ sentence reflected his involvement in approximately 19 fraudulent loans. The total amount of those loans was $3,771,000.00.

Brown was primarily involved in funding down payments for investors on the fraudulent real estate transactions. Brown used a bank account, which was maintained by him and his son in the name of Brown Funding Inc. to fund the down payments. Brown obtained down payment checks and provided those checks to the title company, or to another co-conspirator, to be used for the closing. After the property closing, Brown received repayment of the checks from the fraudulent loan proceeds. In addition, Brown Funding Inc. received a fee of $1,000.00 – $3,000.00 for each down payment provided. The sole purpose of Brown Funding Inc. was to fund down payments for investors.

Brown borrowed some of the money for these down payments from individuals who he knew, but did not tell these people that they were in fact funding a fraudulent real estate scheme. Brown also added investors’ names to the Brown Funding Inc. bank account in order to convince the lenders that the investors had access to money which they did not have. Brown’s sentence reflected his involvement in approximately 113 fraudulent loans, including 86 Windsor Village loans. The total amount of those loans was $12,541,000.00.

According to Assistant U. S. Attorney Susan Heckard Dowd, who prosecuted the cases for the government, Judge Hamilton also ordered Lafavers to serve three years on supervised release, and Brown to serve two years on supervised release following their incarceration. Judge Hamilton also ordered the defendants to pay restitution as follows:  Lafavers – $ 1,475,851.63  and  Brown –  $ 9,985,004.15.

FBI Uses Informant to Investigate Florida’s Largest Real Estate Fraud Ring

Tampa, FL - Craig Adams, orchestrator of one of the largest real estate fraud rings in Florida history, has secretly spent more than a year and a half as an FBI informant, helping build cases against the people he once recruited into his schemes, the Herald-Tribune has learned.

Federal court records show Adams has agreed to plead guilty to conspiracy charges at a later date and has pledged his help in an attempt to earn leniency. In at least one instance, Adams wore a wire to record a conversation with a key business associate.

So far he has laid bare at least $200 million in fraudulent property deals, incriminated more than 30 of his former business partners and given the FBI enough evidence to arrest his longtime title agent, Lisa Rotolo, the court records show.

Adams’ role as informant is described in a federal criminal complaint related to Rotolo’s April arrest. Those documents, filed in U.S. District Court in Tampa, do not name Adams as the informant, referring to him only as the “confidential defendant” or “CD.”

Using descriptions of the defendant, particularly the mention of a relative in the court documents, the Herald-Tribune concluded that Adams was the informant. Lisa Rotolo’s husband, Jay, and others familiar with the investigation confirmed Adams’ identity this week.

David Oriente, a Sarasota investor who reported Adams to the FBI in March 2008, said he became irate when he learned two months ago that Adams might get a deal.

He said he complained to FBI officials who told him Adams had jeopardized his deal by not being completely honest.

“He didn’t say he was the ringleader,” Oriente said. “He blew the lid on the whole thing and underplayed his role. Now the FBI is finding out he is the man.”

Federal court records show Adams has agreed to plead guilty to conspiracy charges at a later date and has pledged his help in an attempt to earn leniency. In at least one instance, Adams wore a wire to record a conversation with a key business associate.

So far he has laid bare at least $200 million in fraudulent property deals, incriminated more than 30 of his former business partners and given the FBI enough evidence to arrest his longtime title agent, Lisa Rotolo, the court records show.

Adams’ role as informant is described in a federal criminal complaint related to Rotolo’s April arrest. Those documents, filed in U.S. District Court in Tampa, do not name Adams as the informant, referring to him only as the “confidential defendant” or “CD.”

Using descriptions of the defendant, particularly the mention of a relative in the court documents, the Herald-Tribune concluded that Adams was the informant. Lisa Rotolo’s husband, Jay, and others familiar with the investigation confirmed Adams’ identity this week.

David Oriente, a Sarasota investor who reported Adams to the FBI in March 2008, said he became irate when he learned two months ago that Adams might get a deal.

He said he complained to FBI officials who told him Adams had jeopardized his deal by not being completely honest.

“He didn’t say he was the ringleader,” Oriente said. “He blew the lid on the whole thing and underplayed his role. Now the FBI is finding out he is the man.”

Rotolo, contacted at the Target store where she now works, would not comment. Adams did not respond to phone calls and e-mails.

Jay Rotolo told the Herald-Tribune his wife is also cooperating with what U.S. Attorney Brian Albritton’s office calls an ongoing investigation.

“My wife has been working with the FBI for a year now,” Jay Rotolo said. “Do you know what kind of a position this story puts her in? Yes, she got her finger in a mess, but we have never profited from any of this.”

The Rotolo complaint and supporting affidavit provide a glimpse into what could become the FBI’s largest mortgage fraud case in Florida.

Ultimately, dozens of Sarasota real estate investors could be caught up in the investigation. Adams’ list of associates includes mortgage brokers, Realtors, real estate appraisers, attorneys and developers.

During a conversation Adams allowed the FBI to secretly record, Rotolo predicted a wave of legal trouble for Adams’ business associates and for others who flipped property in Sarasota, the criminal complaint shows.

“I think that, you know, you’re gonna see 90 percent of the people in this town have a problem,” Rotolo said. “I don’t think there’s gonna be very many people that are gonna be unscathed by it.”

FAKE SET OF DOCUMENTS

The Herald-Tribune first exposed Adams and his network of property flippers in July as part of a yearlong investigation into real estate fraud. FBI officials would not confirm at the time that they were investigating Adams or his associates. In fact, federal agents and the U.S. Attorney’s Office suppressed information about Rotolo’s arrest and the investigation during interviews throughout 2009.

Federal court records show Adams has agreed to plead guilty to conspiracy charges at a later date and has pledged his help in an attempt to earn leniency. In at least one instance, Adams wore a wire to record a conversation with a key business associate.

So far he has laid bare at least $200 million in fraudulent property deals, incriminated more than 30 of his former business partners and given the FBI enough evidence to arrest his longtime title agent, Lisa Rotolo, the court records show.

Adams’ role as informant is described in a federal criminal complaint related to Rotolo’s April arrest. Those documents, filed in U.S. District Court in Tampa, do not name Adams as the informant, referring to him only as the “confidential defendant” or “CD.”

Using descriptions of the defendant, particularly the mention of a relative in the court documents, the Herald-Tribune concluded that Adams was the informant. Lisa Rotolo’s husband, Jay, and others familiar with the investigation confirmed Adams’ identity this week.

David Oriente, a Sarasota investor who reported Adams to the FBI in March 2008, said he became irate when he learned two months ago that Adams might get a deal.

He said he complained to FBI officials who told him Adams had jeopardized his deal by not being completely honest.

“He didn’t say he was the ringleader,” Oriente said. “He blew the lid on the whole thing and underplayed his role. Now the FBI is finding out he is the man.”

Rotolo, contacted at the Target store where she now works, would not comment. Adams did not respond to phone calls and e-mails.

Jay Rotolo told the Herald-Tribune his wife is also cooperating with what U.S. Attorney Brian Albritton’s office calls an ongoing investigation.

“My wife has been working with the FBI for a year now,” Jay Rotolo said. “Do you know what kind of a position this story puts her in? Yes, she got her finger in a mess, but we have never profited from any of this.”

The Rotolo complaint and supporting affidavit provide a glimpse into what could become the FBI’s largest mortgage fraud case in Florida.

Ultimately, dozens of Sarasota real estate investors could be caught up in the investigation. Adams’ list of associates includes mortgage brokers, Realtors, real estate appraisers, attorneys and developers.

During a conversation Adams allowed the FBI to secretly record, Rotolo predicted a wave of legal trouble for Adams’ business associates and for others who flipped property in Sarasota, the criminal complaint shows.

“I think that, you know, you’re gonna see 90 percent of the people in this town have a problem,” Rotolo said. “I don’t think there’s gonna be very many people that are gonna be unscathed by it.”

FAKE SET OF DOCUMENTS

The Herald-Tribune first exposed Adams and his network of property flippers in July as part of a yearlong investigation into real estate fraud. FBI officials would not confirm at the time that they were investigating Adams or his associates. In fact, federal agents and the U.S. Attorney’s Office suppressed information about Rotolo’s arrest and the investigation during interviews throughout 2009.

“We did not discuss it because of the ongoing nature of the investigation,” said Steve Cole, spokesman for the U.S. Attorney’s Office for the Middle District of Florida. “I cannot comment further.”

Sarasota County Sheriff’s Detective Jeffrey Harris is also involved in the criminal investigation, but a spokeswoman for his agency referred questions to the U.S. Attorney’s Office.

The newspaper’s investigation revealed how Adams recruited friends, family members and business associates to trade houses back and forth for phony prices. With each sale, the price of the house was artificially increased, allowing buyers to qualify for oversized mortgages.

Sources familiar with the deals told the Herald-Tribune “profits” generated from the mortgages were split among those who participated in the sales.

The Herald-Tribune also revealed that Adams or his associates forged his aunt’s signature to obtain a loan, hid outstanding loans from banks in order to borrow more money and sold properties without repaying attached mortgages.

The criminal complaint against Rotolo describes similar schemes. It lays out how Rotolo and the confidential defendant worked together to artificially inflate home values and help buyers qualify for fraudulent mortgages.

Instead of selling houses on the open market, they used “friendly sellers” so they could inflate values and hide false statements.

When a friendly seller could not be found, Rotolo, Adams and others involved in the scheme would create a fake set of closing documents. One set would go to the seller and another would go to the bank in order to hide how money was manipulated, the complaint states.

In at least one case, Rotolo took loan money that was supposed to be used to repay previous mortgages and funneled it to Adams, the complaint states.

The documents list 37 addresses and related mortgages that Adams told the FBI were fraudulent. Using mortgage records filed with the clerk of court, the Herald-Tribune determined the names of those involved.

About half of those implicated by Adams were previously named in the Herald-Tribune’s flipping series this summer. The rest were additional Adams associates, meaning Adams’ group is nearly twice as large as the Herald-Tribune originally reported.

A review of all of those names shows that the people Adams regularly used for real estate deals have defaulted on more than $123 million in mortgage loans in recent years.

Rotolo’s arrest documents describe in detail the real estate transactions on the house at 1636 Baywood Way in Sarasota.

Using his 80-year-old mother, Jocelyn Adams, as a straw buyer, Adams bought the house in March 2005 and began borrowing more money than his mother’s income could justify, the criminal complaint states.

Although Jocelyn Adams’ name is on the deed, Craig Adams and an unnamed investor retained ownership, the complaint says.

They inflated the original purchase price from $1.65 million to $1.85 million and kept the excess proceeds from the mortgages obtained in Jocelyn Adams’ name.

Federal court records show Adams has agreed to plead guilty to conspiracy charges at a later date and has pledged his help in an attempt to earn leniency. In at least one instance, Adams wore a wire to record a conversation with a key business associate.

So far he has laid bare at least $200 million in fraudulent property deals, incriminated more than 30 of his former business partners and given the FBI enough evidence to arrest his longtime title agent, Lisa Rotolo, the court records show.

Adams’ role as informant is described in a federal criminal complaint related to Rotolo’s April arrest. Those documents, filed in U.S. District Court in Tampa, do not name Adams as the informant, referring to him only as the “confidential defendant” or “CD.”

Using descriptions of the defendant, particularly the mention of a relative in the court documents, the Herald-Tribune concluded that Adams was the informant. Lisa Rotolo’s husband, Jay, and others familiar with the investigation confirmed Adams’ identity this week.

David Oriente, a Sarasota investor who reported Adams to the FBI in March 2008, said he became irate when he learned two months ago that Adams might get a deal.

He said he complained to FBI officials who told him Adams had jeopardized his deal by not being completely honest.

“He didn’t say he was the ringleader,” Oriente said. “He blew the lid on the whole thing and underplayed his role. Now the FBI is finding out he is the man.”

Rotolo, contacted at the Target store where she now works, would not comment. Adams did not respond to phone calls and e-mails.

Jay Rotolo told the Herald-Tribune his wife is also cooperating with what U.S. Attorney Brian Albritton’s office calls an ongoing investigation.

“My wife has been working with the FBI for a year now,” Jay Rotolo said. “Do you know what kind of a position this story puts her in? Yes, she got her finger in a mess, but we have never profited from any of this.”

The Rotolo complaint and supporting affidavit provide a glimpse into what could become the FBI’s largest mortgage fraud case in Florida.

Ultimately, dozens of Sarasota real estate investors could be caught up in the investigation. Adams’ list of associates includes mortgage brokers, Realtors, real estate appraisers, attorneys and developers.

During a conversation Adams allowed the FBI to secretly record, Rotolo predicted a wave of legal trouble for Adams’ business associates and for others who flipped property in Sarasota, the criminal complaint shows.

“I think that, you know, you’re gonna see 90 percent of the people in this town have a problem,” Rotolo said. “I don’t think there’s gonna be very many people that are gonna be unscathed by it.”

FAKE SET OF DOCUMENTS

The Herald-Tribune first exposed Adams and his network of property flippers in July as part of a yearlong investigation into real estate fraud. FBI officials would not confirm at the time that they were investigating Adams or his associates. In fact, federal agents and the U.S. Attorney’s Office suppressed information about Rotolo’s arrest and the investigation during interviews throughout 2009.

“We did not discuss it because of the ongoing nature of the investigation,” said Steve Cole, spokesman for the U.S. Attorney’s Office for the Middle District of Florida. “I cannot comment further.”

Sarasota County Sheriff’s Detective Jeffrey Harris is also involved in the criminal investigation, but a spokeswoman for his agency referred questions to the U.S. Attorney’s Office.

The newspaper’s investigation revealed how Adams recruited friends, family members and business associates to trade houses back and forth for phony prices. With each sale, the price of the house was artificially increased, allowing buyers to qualify for oversized mortgages.

Sources familiar with the deals told the Herald-Tribune “profits” generated from the mortgages were split among those who participated in the sales.

The Herald-Tribune also revealed that Adams or his associates forged his aunt’s signature to obtain a loan, hid outstanding loans from banks in order to borrow more money and sold properties without repaying attached mortgages.

The criminal complaint against Rotolo describes similar schemes. It lays out how Rotolo and the confidential defendant worked together to artificially inflate home values and help buyers qualify for fraudulent mortgages.

Instead of selling houses on the open market, they used “friendly sellers” so they could inflate values and hide false statements.

When a friendly seller could not be found, Rotolo, Adams and others involved in the scheme would create a fake set of closing documents. One set would go to the seller and another would go to the bank in order to hide how money was manipulated, the complaint states.

In at least one case, Rotolo took loan money that was supposed to be used to repay previous mortgages and funneled it to Adams, the complaint states.

MANY MORE INVOLVED

Several of Adams’ business associates, contacted by the Herald-Tribune this week, were shocked to learn that Adams was cooperating with federal investigators.

When informed by phone, Adams’ associate Heather Kabobel began crying. “I feel sick to my stomach,” she said.

Kabobel, a Sarasota real estate appraiser, is one of more than 30 people Adams implicated as a participant in real estate fraud, the Rotolo criminal complaint shows. Her husband, Jonathan Glucker, a mortgage broker with Prospect Mortgage, also appears on loan documents that Adams said were fraudulent, the complaint shows. Glucker did not return phone calls.

The documents list 37 addresses and related mortgages that Adams told the FBI were fraudulent. Using mortgage records filed with the clerk of court, the Herald-Tribune determined the names of those involved.

About half of those implicated by Adams were previously named in the Herald-Tribune’s flipping series this summer. The rest were additional Adams associates, meaning Adams’ group is nearly twice as large as the Herald-Tribune originally reported.

A review of all of those names shows that the people Adams regularly used for real estate deals have defaulted on more than $123 million in mortgage loans in recent years.

Rotolo’s arrest documents describe in detail the real estate transactions on the house at 1636 Baywood Way in Sarasota.

Using his 80-year-old mother, Jocelyn Adams, as a straw buyer, Adams bought the house in March 2005 and began borrowing more money than his mother’s income could justify, the criminal complaint states.

Although Jocelyn Adams’ name is on the deed, Craig Adams and an unnamed investor retained ownership, the complaint says.

They inflated the original purchase price from $1.65 million to $1.85 million and kept the excess proceeds from the mortgages obtained in Jocelyn Adams’ name.

Rotolo played a key role in the fraud, according to the criminal complaint against her. It says she prepared two sets of closing documents — one for the unwitting sellers and another for the bank that provided a loan on the inflated value.

Rotolo prepared the legal documents for several more loans on the property over the years, the complaint says. In most of the paperwork, Adams forged his mother’s signature and Rotolo notarized it, the complaint shows.

APPROACHING THE FBI

The criminal complaint filed by investigators against Rotolo does not explain what led Adams to turn FBI informant.

The documents show that in May 2008, a Tampa attorney contacted the FBI’s Sarasota office and expressed “his client’s desire to provide information to law enforcement about his and other individuals’ involvement in wide spread (sic) mortgage fraud in Sarasota, Florida.”

The informant agreed in principle to plead guilty to criminal conspiracy on condition that prosecutors not pursue any additional charges. Federal sentencing guidelines show criminal conspiracy carries a sentence of up to five years.

At the time Adams approached the FBI in 2008, his real estate career had come crashing down, with at least six of his multimillion-dollar properties falling into foreclosure. In April that year, Oriente, a business associate who had lent Adams $700,000, sued Adams and went to police and FBI agents, hoping to spark a mortgage fraud investigation.

Oriente said he thought the case had stalled until two months ago, when he learned about Rotolo’s arrest and read the court documents mentioning a confidential defendant.

Posted By: Ralph Roberts @ 2:01 pm | | Comments (0) | Trackback |
Filed under: FBI, Flipping, Florida, Forgery, Real Estate Fraud, Straw Buyer

February 6, 2010

Loan Officer Redirects $4 Million in Broker Fees to Himself

A United States District Court Judge sentenced a 52-year-old Andover man Friday (Feb. 5) to 37 months in prison for his role in orchestrating a residential real estate loan scam.

Eric Krahnke, a loan officer at Associated Bank, bypassed normal loan-approval channels to get 21 real estate loans totaling more than $4 million between March 2003 and October 2003, according to the United States Attorney’s Office in Minneapolis.

The real estate loans were given to Michael Striker, 56, of Minetonka. Judge Joan Ericksen sentenced Striker Feb. 3 to 41 months in prison.

Krahnke and Striker pleaded guilty in August 2000 to one count of bank fraud and one count of money laundering. They had been indicted in federal court in August 2008.

The two men described what their scheme was to the United States Attorney’s Office

The 21 loans were approved either directly for Striker or his real estate company called U.S. Equities of Minnesota. Striker received in excess of $724,000 in net loan proceeds at real estate closings for the 21 loans. Krahnke got commission pay from Associated Bank for originating the loans.

Striker also gave Krahnke 3 percent of the net proceeds of each loan, which totaled over $100,000.

These transactions were labeled as “broker fees” in the loan documents and paid through Worldwide Mortgage, which was a mortgage brokerage company that Krahnke owned. Worldwide Mortgage did not broker any of the loans.

Krahnke did not advise Associated Bank that he was receiving these “broker fees” and had an ownership interest in Worldwide Mortgage, which would have been a conflict of interest given his position as a loan officer, according to the United States Attorney’s Office.

Striker said the loans were for construction rehab projects, he used some proceeds for unrelated expenses and debts. Some alleged rehab projects were actually homes in which financially distressed families still resided.

Krahnke also admitted that on Oct. 24, 2003, he executed a telephone transfer of $17,943 from a Worldwide Mortgage account at Central Bank to a personal account at the same bank. Striker said on Sept. 3, 2003 he issued a check in the amount of $13,000 from a U.S. Equities account at Bremer Bank “River Run Properties.” The defendants admitted they knew the funds subject to those transactions were criminally derived.

“These schemes need to be exposed to stop the cascading negative affect this type of fraud has on our economy and the innocent parties involved,” said Julio LaRosa, special agent in charge of the St. Paul field office of the Internal Revenue Service (IRS) Criminal Investigation Division (CID).

“These sentences send the message that mortgage industry fraudsters will not go unpunished,” LaRosa said in a written statement presented after the Krahnke sentencing.

This case was investigated by the IRS’ CID and the Federal Bureau of Investigation. It was prosecuted by U.S. Attorneys William Otteson and John Docherty.

Posted By: Ralph Roberts @ 3:33 pm | | Comments (0) | Trackback |
Filed under: Minnesota, Real Estate Fraud

Former Indiana player, current broadcaster Todd Leary arrested in real estate fraud case

FORT WAYNE, Ind. (AP) — Indiana broadcaster and former Hoosiers player Todd Leary has been arrested on felony charges in connection with what authorities say was a multimillion-dollar fraud scheme.

The 39-year-old Leary was booked into jail Thursday night. He faces charges in Allen County court.

The charges against Leary include conspiracy to misappropriate real estate title insurance escrow funds, by improperly transferring about $1.3 million to a bank account he controlled. Court documents also say Leary once worked for a title insurance broker who pleaded guilty in a $2.7 million scheme.

Leary played for Indiana University in 1989-94, including its 1992 NCAA Final Four team. He is an analyst for IU’s radio broadcasts.

Prosecutors and jail officials had no information on an attorney for Leary.

Posted By: Ralph Roberts @ 2:32 pm | | Comments (0) | Trackback |
Filed under: Indiana, Real Estate Fraud, Todd Leary

February 5, 2010

Wife of Idaho Real Estate Businessman is Cleared of Fraud and Conversion Charges

Georgia Bowman, former wife of Nampa, Idaho real estate businessman, Jerry Gunstream was ruled innocent of fraud and embezzlement charges. Judge Juneal Kerrick of the 3rd District Court denied the fraud claim in court Dec. 10 and denied the conversion claim in an order she issued Dec. 30. Conversion is the act of taking something of value for one’s own use.

Idaho State Police are investigating Gunstream for other allegations of embezzlement. He has admitted taking $598,000 from various property owners.

Airport Partners of Oregon sued Gunstream last summer after the former Nampa commercial real estate businessman admitted that he took $125,000 of the company’s money from a property management account.

But the lawyer for the company Gunstream stole from said Ms. Bowman is still part of the company’s civil lawsuit because she may have benefited indirectly from Gunstream’s embezzlement.

“I’m not aware of any evidence at this time that Georgia (Bowman) actively handled Airport Partners’ money,” Airport Partners attorney Kevin Dinius said. “We sued her because she was an active member of Gunstream Commercial Real Estate LLC and with respect to her common interest (in the marriage.)”

Bowman’s attorney, John Sutton, said neither circumstance applies to her.

“I think they jumped to the assumption that because she’s married to this guy (GunStream), then she must be part of the business,” he said.

Airport Partners lawyers wanted to amend their lawsuit to claim Bowman committed fraud and conversion with respect to the money Gunstream took. The attorneys for Airport Partners named Bowman and Gunstream employees Monique Keck and Kim May as plaintiffs along with Gunstream in their civil lawsuit. They also named Gunstream’s former company, Gunstream Commercial Real Estate, in the lawsuit filed last year.

Kerrick dismissed the plaintiffs’ fraud claim against May and Keck but denied summary judgment on a conversion claim against May and Keck.

Bowman listed herself as 50 percent owner of her ex-husband’s commercial real estate company on loan applications and income tax returns. But her attorney maintains she did not benefit from her husband’s embezzlement from the company.

Kerrick cited Idaho law in her order, which states that the debts of a limited liability company do not become debts of a member or manager of the company “solely by reason of a member acting as a member.” Gunstream dissolved the company last year after he was sued.

Lawyers for Airport Partners of Oregon argued that some of Bowman and Gunstream’s applications and tax returns show Bowman is partly liable for Gunstream’s embezzlement. Gunstream said he took the money from Airport Partners last year to keep his business operating.

“There are situations where the individual members of (a) company can be held responsible for the company’s actions,” Dinius said last month about his argument that Bowman is liable in the case. “That’s why the tax return and the loan applications are so important at this point because they certainly are contrary to everything that Ms Bowman is saying that she wasn’t involved in the business,” he added.

But Bowman’s attorney said she had no connection to the stolen money. The two loan applications were for two pieces of subdivision property. And the listings as part owner of Gunstream’s company were for income tax purposes only, Sutton said.

“It’s community property and she’s taxable for half of it, so any income that came out of it she has to disclose,” Sutton said. “(But) she wasn’t actually an owner or an officer of the corporation. She was just married to Gunstream … She had no knowledge of what was going on with this thing.”

Sutton said attorneys for the plaintiffs are casting a wide net in an attempt to recoup money for their clients.

Georgia Bowman, who is President of the Nampa Chamber of Commerce, said in a court affidavit that “although net income from Gunstream Commercial Real Estate was characterized as community property for tax purposes, I was never by law made a member of Gunstream Commercial Real Estate.”

The Idaho Secretary of State’s Web site records list Gunstream as the only member of Gunstream Commercial Properties on its 2000 Articles of Organization.

Bowman also states in the affidavit that she was “never a party to … any contract … in respect to the management of Holly Shopping Center,” which was the shopping center Airport Partners owned and Gunstream managed.

Posted By: Ralph Roberts @ 12:18 am | | Comments (0) | Trackback |
Filed under: Real Estate Fraud

February 4, 2010

Lehigh woman charged in two fraud case


An investigation that began in late 2008 has ended with the arrest of a Lehigh Acres woman for various real estate fraud and theft charges in two unrelated cases, officials said Wednesday.

Angela M. Moore, 32, has been charged with a scheme to defraud, grand theft, and operating as a real estate broker without a license in a case involving online real estate sales.

In a second case, Moore advertised a job fair on Craigslist whereby potential employees were required to purchase Magic Jacks, officials said. This investigation resulted in Moore being charged with a scheme to defraud, uttering counterfeit checks, grand theft, and petit theft.

The initial investigation began in October 2008 when the Office of the Attorney General received a complaint and referred it to the Lee County Sheriff’s Office Economic Crimes Unit. The victim had participated in an online auction with landbidz.com in June 2008. After wiring money to the seller’s account, the victim was not able to reach the seller to obtain his warranty or property deed. As per the contract, both of these items should have been provided to the victim within 48 hours of the sale.

Detectives with the Economic Crimes Unit began an extensive investigation where they discovered Moore, operating as ‘Home Design Consultants,’ had participated in fraudulent real estate activity and collected a combined total of $63,802.00 from five online victims, officials said. In addition to those victims, Cape Coral’s Island Coast High School became a victim in October 2008 after paying $5,300.00 to Moore’s business, Home Design Consultants, for a solar powered filtration system that was never installed.

In March 2009, while investigating the landbiz.com case, the Economic Crimes Unit received a fraud complaint involving a job fair that had been advertised on Craigslist. The individual being accused of this fraudulent job fair was the same Angela Moore of Home Design Consultants who was already under investigation for the online real estate fraud, officials said.

On Feb. 1, 2009, Angela Moore gave a presentation about jobs that would soon be available with “Home Design Consultants,” officials said. Potential employees were required to pay $10 for the purchase of a Magic Jack. Several individuals came forward and stated they had attended the job fair, but never received their Magic Jacks and were never hired. Many were concerned because their personal information was now in the hands of Moore. Three of the participants had been hired and each had received over $700 in paychecks. All of their paychecks had bounced as they were drawn on a non-existent account, officials said, adding this case involved 12 victims with the total theft valued at $2969.37.

Moore was arrested and transported to the Lee County Jail.

Posted By: Ralph Roberts @ 10:37 am | | Comments (0) | Trackback |
Filed under: Craig's List, Economic Crimes Unit, Magic Jack, Real Estate Fraud

January 29, 2010

Real Estate Fraud Charges Yield a Record 378 Years Behind Bars

Mark Strodtman, owner of JS Real Estate, LLC in Greeley, Colorado, was sentenced by a Weld County judge January 4 to 31 years in prison.

A jury on Nov. 18 convicted Strodtman of 23 criminal counts including one count of a pattern of racketeering under the Colorado Organized Crime Control Act; 11 counts of theft of $15,000 or more; and 11 counts of forgery of a check or commercial instrument.

In April 2007, more than 20 homeowners alleged that Strodtman and his associates from JS Real Estate LLC tricked them into buying homes out of their price range by falsifying documentation to approve their loans. The homes bought are located in the Gateway Lakes subdivision in southwest Greeley.

He had been indicted in March 2008 in connection with a mortgage fraud scheme. The indictment asserted he induced, or directed others to induce, buyers by agreeing to pay them a kickback from the proceeds of the sale of the homes, under-representing the amount of the monthly mortgage payments, and encouraging them to occupy the home prior to closing the sale.

It also alleged that Strodtman assisted in securing financing for the purchase of JS Real Estate’s homes by providing lenders with false information, including inflated incomes and assets and falsely verified employment and outstanding loans.

Strodtman failed to turn himself in to the sheriff’s department after the charges were filed. After an extensive search by the Federal Bureau of Investigation and the Weld County Sheriff’s Office that reached south to Mexico. He was arrested as a fugitive in Mexico on September 23, 2008. He was transported back to the Weld County Jail the following month.

Strodtman’s business partner in JS Real Estate, Dean Juhl, pleaded guilty on Feb. 13, 2009, to theft of $15,000 or more and to second-degree forgery. He received a four-year deferred sentence, will serve 30 days in jail, complete 100 hours of community service and pay restitution.

The charges against Strodtman could have carried a maximum sentence of 378 years: 48 years for the COCCA count, 24 years for each theft count and six years for each forgery count. Weld District Court Judge Marcelo Kopcow handed down 24 years for the COCCA count, four years for one of the theft counts and three years for one of the forgery counts. Strodtman’s sentences for the theft and forgery counts will run concurrently.

Posted By: Ralph Roberts @ 3:34 pm | | Comments (0) | Trackback |
Filed under: Colorado, JS Real Estate LLC, Kickbacks, Real Estate Fraud

January 28, 2010

Real Estate Fraud is a Family Affair for this California Father and Son

 

 

James Merritt Eaton, 60, his son Brian Chandler Eaton, 28, both of Laguna Beach, and real estate appraisal firm executive Michael John Bell, 32, of Corona del Mar, were charged January 6, 2010 with one felony count of conspiracy to defraud another of property.

 

As the principles of Landmark Equities Group, the father and son team allegedly conspired to inflate property appraisal values and get more business from lenders.

 

The Laguna Beach father and son, who operated a realty appraisal service, were arrested on suspicion of conspiring to artificially inflate real estate values in order to secure more business with lending institutions. “A Corona del Mar man has turned himself in on similar charges related to the case,” said Farrah Emami, spokeswoman for the Orange County District Attorney’s office.

 

All three defendants face 17 felony counts of grand theft by false pretense, two felony counts of identity theft, two felony counts of false personation, and sentencing enhancement allegations for aggravated white collar crime of more than $100,000 and property damage exceeding $50,000.

 

If convicted, each defendant faces a maximum sentence of 18 years in state prison. The three are scheduled for a continued arraignment on Feb. 22, Emami said

Posted By: Ralph Roberts @ 9:17 am | | Comments (0) | Trackback |
Filed under: California, Landmark Equities Group, Real Estate Fraud
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