Home builder Roger Ritch was given a 39-month sentence on Monday and must pay over $2.2 million in restitution to lenders who were defrauded in the scheme, but Detective Sgt. Brian Farris believes that U.S. District Judge Harry S. Mattice Jr. was far too lenient to those involved in the conspiracy.

“That judge sat down there and said there’s not two sets of standards for the rich and the poor, but I’m not so sure based on what I’ve seen and heard,” Farris said. “It’s a travesty.”

Ritch, along with Carrie Snow, William T. McMahan and Jonathan Henderson, was charged last May with bank fraud and money laundering in the scheme involving hundreds of homes in Shelbyville.  Bradley Aydelott was indicted on the same charges last July.

All pleaded guilty to counts one and four of the federal indictment, stating that they obtained financing under false pretenses and falsely represented the employment status and income of borrowers. McMahan was sentenced last November to six and a half years in prison and was ordered to pay over $2.4 million in restitution.

Snow received a 27-month sentence and must pay $911,478 in restitution and Henderson received a 20-month sentence and must pay $254,322 in restitution. After serving their federal sentences, the four will be under three years of supervised probation.

“I think it’s a slap in the face to the victims, it’s a slap to the face of the people of this county, and it’s a slap in the face of justice, what that judge did,” Farris told the T-G this week.

According to federal sentencing guidelines, Ritch could have received a minimum of 51 months for his role in the scheme, but federal prosecutors were asking for 70 to 87 months for Ritch in their last court filing.

Farris said that Mattice gave sentences that were “no more than a slap on the wrist for the damage that was done.”

Aydelott’s sentencing has been reset for March 8, but Farris now says there is no need for him to be there for the hearing.

Long investigation

Farris has been working on the case surrounding Ritch, McMahan and American Value Homes, Ritch’s company, since November 2006, but he added that the so-called “secondary conspiracy” which involved homes in Greystone Subdivision was never part of the investigation.

Farris explained that American Value Homes had sold houses to individuals who, in turn, did lease/purchase agreements with buyers. But American Value Homes and Ritch had nothing to do with those lease/purchase agreements, he said.

People in Greystone Subdivision were told they had been making payments on their homes, but the four individuals — John Henderson, Jeff Dotson, Mark Charlton and McMahan’s girlfriend Molly Worrell — failed or refused to satisfy the mortgages relating to those properties, resulting in the houses being foreclosed on and the families losing their investments as well as the roof over their heads.

According to federal court documents, the four individuals each allegedly bought multiple houses from Ritch, and even though they were listed as “owner occupied” on the title documents, the buyers had bought the homes as rental property.

McMahan and Snow came up with the scheme where Snow would be paid $2,000 per purchase in return for falsifying HUD filings showing that the properties were to be owner occupied, the documents said.

The detective said the situation in Greystone was not a focus of the investigation, because it is a civil matter, but investigators were aware of it. Investigators zeroed in on the false documents, forgery and fraud related to American Value Homes and Value Title, Farris said.

When the T-G published a story about what was happening with the families who lost their homes in Greystone in January 2008, the investigation into the fraud was already well underway, and the stir the disclosure caused resulted in investigators “backing off for three months to let everything die down.”

When the situation “calmed down,” the investigation continued “full tilt,” Farris said.

Not the only victims

Farris explained that it wasn’t just the victimized home owners that have suffered because of the scheme, but their neighbors as well.

“It affects the person next door and across the street, whose property is now worth many thousands of dollars less than it was because of this,” Farris explained.

Property values have bottomed out in Bedford County because of the scheme, the detective claimed, adding that “most of the real estate people in the county are telling me the same thing, and it has affected their livelihood too.”

“People that had absolutely nothing to do with this, now their property is not worth as much, they’re upside down because of it, yet that judge sits down there and says he’s going to give out a sentence way below guidelines,” Farris said, adding that the sentence Ritch got “was not enough for the damage that he’s done.”

Farris says that all throughout the sentencing phase of the case, the prison terms handed down from Mattice have been low, with Farris saying that the federal judge has shown “an unwillingness to send a message of deterrence to white collar crime …. Why, I don’t know.”

The detective also said it has been hard for him to face the victims of the scheme, which at the first of his investigation, numbered “a couple of hundred.”

One of the victims of the conspiracy, who asked not to be identified, said he has been dealing with the repercussions of losing his home for the past five years and it will impact him for at least the next seven years.

Farris also said that homes in Bedford County are still going into foreclosure today because of the fraud committed by Ritch and the others.

“Gave him a break”

Farris praised Assistant United States Attorney Gary S. Humble, who worked on prosecuting the case “and made the points that should have been made.”

“He fought this thing with us tooth and nail,” Farris said of Humble. “He did everything he could possibly do short of getting himself in trouble.”

Assistance from the FBI, particularly Special Agent Richard Poff, and help from the IRS “to do the numbers” was also highly praised.

“Everyone did their part, it was prosecuted like it should be, but when it come time for sentencing, the victims got short changed,” Farris said.

Humble had explained to the T-G last year that the fraud victims will have to file a civil or class action suit against the conspirators to recover damages.

Farris continued to have nothing good to say about the sentences Mattice has handed down in the case.

“These federal judges are appointed for life, they don’t have to give a reason for what they do,” Farris said. “He chose to give him a break,” the detective said of the sentence given to Ritch, pointing out that Mattice used those very words before passing sentence on Monday.

“He can do that from his ivory tower, he doesn’t have to deal with the victims. He doesn’t live here, he doesn’t see how this has affected everyone,” Farris said.

Before Ritch was sentenced on Monday, Mattice handed down a 10-year prison term to a drug dealer, and Farris is wonders why a person who he blames “for destroying the housing market in Bedford County” should get a sentence of a little over three years.

“I’m having a real hard time understanding why ….what makes him (Mattice) think that these people (Ritch and the others) deserves a break.”

MTSU Professor Sentenced to 12 Months and a Day for Mortgage Fraud Scheme

NASHVILLE, TN—Edward M. Yarbrough, United States Attorney for the Middle District of Tennessee, and My Harrison, Special Agent in Charge, Memphis Division, Federal Bureau of Investigation, announced that, on November 13, 2009, U.S. District Judge Aleta Trauger sentenced Pamela Gail Holder to 12 months and one day in prison for her role in a mortgage fraud scheme. Dr. Holder had been found guilty of bank fraud and wire fraud offenses related to that scheme following a one-week jury trial in April 2009.

Dr. Holder, a professor of nursing at Middle Tennessee State University and the former coordinator of the statewide Tennessee Board of Regents On-Line Degree Program, was originally charged in a four-count indictment in June 2008. At trial, the jury heard evidence that Dr. Holder and others helped orchestrate a multi-million dollar mortgage-fraud scheme that involved a “straw buyer” with a good credit score, who was deceived by Dr. Holder into borrowing $2.4 million for the purpose of purchasing a $1.5 million dollar home in Hendersonville, Tennessee. In the months leading up to the purchase, Dr. Holder helped prepare or send false documents that, among other things, falsely claimed that the straw buyer was president of “Team Fat Man,” an automotive-sales business owned by Dr. Holder’s deceased husband, and greatly inflated the straw buyer’s income. Through those documents and other fraudulent misrepresentations, Dr. Holder was able to qualify the straw buyer for large loans well beyond what the straw buyer could afford. The scheme involved loans obtained at Bank of Nashville, Countrywide Home Loans, and First Tennessee Bank. After the straw buyer purchased the lavish home, Dr. Holder and her husband moved in and spent the excess loan funds on various purchases, including several pieces of diamond jewelry. When the straw buyer was unable to make the monthly mortgage payments of approximately $10,000, the mortgage defaulted and the property was foreclosed upon.

At the sentencing hearing, the government focused on the profound damage that Dr. Holder’s crime caused an innocent victim and the negative effect of mortgage fraud on the banking industry and the lending process. After the sentencing, United States Attorney Edward Yarbrough remarked, “Mortgage fraud is a serious crime, and we are pleased that the Court has imposed an appropriately serious sentence in this case. The United States Attorney’s Office and our law-enforcement partners will continue to investigate such frauds and bring those who commit them to justice.” In addition, My Harrison, Special Agent in Charge of the FBI’s Memphis Division, stated, “The FBI will continue to target those who criminally manipulate our financial system for personal gain and keep working to bring criminals like this to justice to ensure that they pay for their crimes.”

The investigation of the case was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Ty E. Howard of the Middle District of Tennessee and Trial Attorney Peter A. Frandsen of the U.S. Department of Justice Fraud Section represented the United States.

The FBI just released a comprehensive new report on real estate and mortgage fraud, and, as you might expect given everything we talk about here on Flipping Frenzy, it isn’t a pretty picture. The information contained in the report can get quite technical, with plenty of charts, graphs, and hard numbers. Regardless, it’s worth the read–see “The 2007 Mortgage Fraud Report.” Among the Report’s key findings:

1. Real Estate and Mortgage Fraud is clearly on the rise. Although there is no central way to track the total extent of the problem, the FBI received 46,717 Suspicious Activity Reports related to real estate and mortgage fraud last year—compared to 35,617 in 2006 and just 6,936 in 2003. Only 7% of these reports documented an exact dollar amount in terms of losses, but even so, the total loss from this 7% was $813 million. The FBI’s caseload has also escalated. By the end of fiscal year 2007, the Bureau was handling just over 1,200 real estate and mortgage fraud investigations—a 47% increase from 2006 and a whopping 176% increase from 2003.
2. The downward trend in the housing market will continue (see forecasts provided by the Mortgage Bankers Association in the report), providing further incentive for shady real estate industry insiders to look for dishonest ways to turn a profit and growing opportunities for scam artists to prey on vulnerable homeowners.
3. The subprime lending crisis is a contributing factor to real estate mortgage fraud, both directly and indirectly. Subprime loans, designed for people with poor or limited credit histories, now represent more than 13% of all outstanding loans–double the percentage of five years ago. These high-interest, high-risk loans contributed to the 2.2 million foreclosures filed during 2007, up 75% from 2006. The trouble actually began when home prices were rising a few years ago, leading to relaxed lending practices throughout the industry and the exaggeration of assets by industry insiders and borrowers under their charge anxious to qualify for loans, both of which contributed to fraud.
4. The top 10 hotspots nationwide for mortgage fraud in 2007, carefully mapped from multiple public and private sources, were:
   
   1. Florida
   2. Georgia
   3. Michigan
   4. California
   5. Illinois
   6. Ohio
   7. Texas
   8. New York
   9. Colorado
   10. Minnesota

   Other states significantly affected include: Arizona, Maryland, Utah, Nevada, Missouri, Indiana, Tennessee, Virginia, New Jersey, and Connecticut. The north-central region of the United States had the largest share of fraud, followed by the west and southeast regions.



5. The latest mortgage scams run the gamut: from builder-bailout schemes where developers unload excess inventory through financial trickery, to foreclosure rescue schemes that trick homeowners into signing over the deed to their house; from seller-assistance scams that use false appraisals to sell homes, to identity theft that leads to home equity credit lines being opened and drained.

The FBI’s report also briefly recounts the agency’s own response to the problem, including the Bureau’s participation in the Department of Justice’s Mortgage Fraud Working Group, through which the agency says it is helping to identify large-scale real estate industry insiders and criminal enterprises conducting systemic real estate fraud

The purpose of the The 2007 Mortgage Fraud Report is to provide insight into the breadth and depth of real estate and mortgage fraud crimes in the United States. The report updates the 2006 Mortgage Fraud Report and addresses current fraud projections, issues, and hot spots (as noted above). The objective of the report, according to the FBI, is to provide FBI program managers with relative data to justify real estate and mortgage fraud investigative and preventive resources and for investigators to identify real estate and mortgage fraud activity.

Many people believed this day would never come, but exactly one year to the day from when he was apprehended by Federal authorities, this nation’s most notorious Real Estate and Mortgage Fraud-related criminal has finally been sentenced for his role in a brazen string of acts that stunned nearly everyone who had ever played a hand in Real Estate and Mortgage Fraud forensics.

Thirty-eight-year-old Matthew Bevan Cox, the poster child for Real Estate and Mortgage Fraud in this country… the same man who kept federal authorities at bay for over three years and was the subject of an intense nationwide manhunt (and whose face landed on the U.S. Secret Service’s list of the Most Wanted Fugitives for his role in numerous Real Estate and Mortgage Fraud scams)… cried like a little baby in U.S. District Court in Atlanta yesterday afternoon, and was promptly sentenced to serve 26 years in Federal prison AND pay his victims up to $12 million in restitution.

For those of you who have never heard Matthew Cox talk about his crimes, the following clip, from NBC affiliate WSMV-TV in Nashville, Tennessee, will give you a small taste of what was going his mind:

Matthew Cox was indicted by a Federal grand jury in Atlanta in late-September of 2005 on 42 counts of mortgage fraud, identity theft, money laundering, and conspiracy. The Middle Districts of Tennessee and Florida filed criminal charges against Cox in April of this year, charging him conspiracy to commit mortgage fraud, aggravated identity theft, and passport fraud.

Cox, who was pleaded guilty to all charges on April 10th of this year, was apprehended on November 16, 2006 in Tennessee after a Nashville man read about him in a local newspaper and tipped off U.S. Secret Service agents. In the world of Real Estate and Mortgage Fraud forensics, no one person’s name sends a shiver up the back of a spine more so than Matthew Cox, who was also known as Maxwell Price, David Richard Freeman, Gerald Scott Cugno, Michael Shawn Shanahan, Gary Lee Sullivan, Michael John Eckert, Michael White, Kevin White, David White, James Redd.

Matthew Cox used stolen identities to obtain drivers licenses, purchase vehicles, lease mail drops, rent apartments, and open bank accounts to receive Real Estate-related scheme proceeds throughout the states of Georgia, Florida, Alabama, South Carolina and North Carolina. Cox’s accomplice in many of his scams– Rebecca Marie Hauck–was sentenced on November 15, 2006 (the day before Cox was captured) by a U.S. District Judge in Georgia to serve 5 years and 10 months in prison for her role in the now infamous string of mortgage and bank fraud-related crimes.

How Cox be able to afford the $12 million he was ordered to pay in victim restitution is anyone’s guess, but despite his wicked ways, Matthew Cox was–and may still be–a talented writer and artist who just so happened to leave behind a number of works. According to WXIA-TV in Atlanta, a representative of the victims is planning to offer, perhaps as soon as this coming week, four of Cox’s paintings for sale on eBay, with 100 percent of the proceeds going into the victims’ restitution fund. Cox did signed away the rights to his future works, including any additional paintings and unpublished novels, past and future, to his victims’ restitution fund, so that too may provide some relief.

For now, we can all sleep a little better at night knowing that Matthew Cox is finally paying for his crimes. That said, 26 years in prison and $12 million in fines may not be enough for this guy or the others who try to follow his example.

Dateline NBC aired “Thief of Hearts” last night–a one-hour profile of noted real estate and mortgage fraud con artist, Matthew Cox. Unfortunately, the entire balance of the show focused not on the problems, warning signs, and societal issues associated with real estate and mortgage fraud–a crime that can only be described as a runaway cancer that is eating away at our floorboards. No, in typical big media fashion, NBC chose to position Cox as a ‘Don Juan’ who stole women’s hearts while attempting to overcome some sort of inferiority or superiority complex by stealing millions of dollars and the identities of close associates and “friends.”

The truth is that Matthew Cox and his known accomplices–namely, Rebecca Hauck, Alison Arnold, and Amanda Gardner (all of whom were interviewed for the piece)–literally ruined people’s lives and damaged entire neighborhoods, all in the name of greed and corruption. (To her credit, Alison Arnold turned herself in, served time in prison, and is now paying off a stiff penalty for her part in Cox’s schemes.)

Rather than focus on the damage Cox did or God forbid, the warning signs of real estate and mortgage fraud, NBC Correspondent Keith Morrison took his viewers on an hour-long journey that touched solely on Cox’s artistic ambitions, dyslexia, ability to woo women, and his writing (Cox wrote a novel called The Associates with a plot that closely resembles the time he spent committing real estate and mortgage fraud).

It’s not as though the producers of Dateline NBC were unaware of my efforts and those of my colleague Rachel Dollar in educating the public about threats from real estate and mortgage fraud. In early December of 2006, Joe Kraynak, a writer who worked with Rachel and me on the book “Protect Yourself from Real Estate and Mortgage Fraud” (to be published by Kaplan, this August, 2007), emailed the following message to the producers of Dateline NBC:

‘To Catch a Predator’ gave me an idea for another series centering around a sting operation. I’m currently co-authoring a book with the top two mortgage/real estate fraud experts in the nation–Ralph R. Roberts and Rachel Dollar. Ralph works alongside law enforcement to catch real estate con artists and educate industry professionals. I think a documentary complete with sting operations would be intriguing. Check out FlippingFrenzy.com and www.mortgagefraudblog.com. I can also provide you with additional contact information for Ralph and Rachel. Please let me know if you need additional information.

NBC had the perfect opportunity to educate and inform an alarming number of people on the dangers and warning signs associated with Real Estate and Mortgage Fraud. Instead, it only added to the problem by sensationalizing Cox’s efforts.

A report released yesterday by RealtyTrac shows more than 1.2 million foreclosure filings were recorded nationwide in 2006, up 42 percent from 2005. The 2006 RealtyTrac Foreclosure Market Report also revealed that there is one foreclosure filing for every 92 U.S. households. While foreclosures are not at historically high levels, a 42 percent year-over-year increase is certainly noteworthy and cause for concern. When foreclosure rates rise, con artists crawl out from the rocks they were hiding under to prey on the vulnerable homeowners. To protect yourself, you should know your options and know your rights.

According to the report, the total number of foreclosure filings rose from a little over 885,000 in 2005 to 1,259,118 in 2006. Colorado documented the nation’s highest state foreclosure rate for the year, one foreclosure filing for every 33 households or 3 percent of the state’s households. The state reported 54,747 foreclosure filings during the year, an 85 percent increase from 2005 and the eighth highest total among all states.

Georgia and Nevada both reported one foreclosure filing for every 41 households in 2006, but Georgia edged out Nevada with a slightly higher percentage of households in foreclosure, 2.5 percent compared to 2.4 percent in Nevada. Georgia reported 75,975 foreclosure filings during the year, the sixth most of any state and a 67 percent year-over-year increase. Nevada foreclosures surged in fourth quarter, pushing the state’s total for the year to 21,045, nearly three times the number reported in 2005.

Other states with foreclosure rates among the nation’s 10 highest included Texas, Michigan, Indiana, Florida, Ohio, Utah and Tennessee. Texas reported 156,876 foreclosure filings for the year, the most of any state, and nearly 13 percent of the national total. The state consistently reported big foreclosure numbers throughout 2006, documenting the highest monthly total eight times, and foreclosures for the year were up more than 14 percent from 2005. Texas’ foreclosure total represented nearly 2 percent of the state’s households, or one foreclosure filing for every 51 households, giving the Lone Star state the nation’s fourth highest state foreclosure rate.

Rising foreclosure activity in the fourth quarter pushed California’s 2006 foreclosure total to second highest among all U.S. states. California reported 142,429 foreclosure filings during the year, more than twice the number reported in 2005, and accounting for more than 11 percent of the national total. California’s 2006 foreclosure rate of one filing for every 86 households ranked 14th in the U.S.

Florida’s foreclosure activity remained relatively flat in 2006, up just 2 percent from 2005, but the state’s foreclosure total still placed third highest among all the states. Florida reported 124,721 foreclosure filings during the year, a foreclosure rate of one foreclosure filing for every 59 households. The state’s foreclosure rate dropped to seventh highest in 2006 after claiming the top spot in 2005.

With an average of more than 10,000 foreclosure filings in each quarter, Detroit, Michigan, documented the highest annual foreclosure rate among the nation’s 100 largest metropolitan areas. Atlanta, Georgia’s 2006 foreclosure total of 63,737 represented 4.4 percent of the city’s households, ranking it second in the nation. Indianapolis, Indiana’s foreclosures decreased in the second, third and fourth quarters of 2006, but the city still documented the nation’s third highest metro foreclosure rate: 4.3 percent of all households.

Other cities with foreclosure rates among the nation’s 10 highest include Denver, Dallas, Fort Worth, Las Vegas, Memphis, Fort Lauderdale, and Miami.

With fewer houses selling, increases in foreclosures and real estate prices dropping, the housing market is experiencing the “soft landing” that has been long predicted, and the mid-western United States is once again the most vulnerable part of the country when it to real estate fruad. Earlier this week, CoreLogic released the latest edition of the Core Mortgage Risk Monitor, a report that forecasts the geographic regions most likely to experience the economic consequences of increased levels of fraudulent activity over the next 12 to 18 months.

According to the latest report, the risk index rose by 5 percent between the first and second quarters of 2006, after increasing by 6.4 percent between the fourth quarter of 2005 and first quarter this year. This increase indicates that the risk of real estate and mortgage fraud causing economic impact in vulnerable markets continues to rise at an unprecedented rate.

The top five major metropolitan statistical areas most at risk are:

1. Detroit-Livonia-Dearborn, Michigan
2. Memphis, Tennessee
3. Dayton, Ohio
4. Akron, Ohio
5. Gary, Indiana

The top five markets showing the most noticeable increase quarter over quarter are:

1. Gary, Indiana
2. Detroit-Livonia-Dearborn, Michigan
3. Goldsboro, North Carolina
4. Flint, Michigan
5. Florence, South Carolina

The Core Mortgage Risk Monitor measures what we call ‘collateral risk,’ which is the risk associated with the accuracy of a residential property valuation and the sustainability of that valuation over the life of the mortgage due to the unique characteristics of the property, market, and mortgage contract participants.