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May 23, 2011

Feds indict Washington Mutual mortgage fraud perpetrators-New York business litigation lawyers

New York business attorneys-Washington Mutual target of $92 million mortgage fraud scam

Federal attorneys filed charges against 9 people for $92 million WaMu mortgage fraud scheme.

New York, NY(JusticeNewsFlash.com)–The U.S. Attorney’s Office in Brooklyn filed federal charges against, real estate developer Thomas Kontogiannis plus eight other defendants in U.S. District Court in Brooklyn, New York on Thursday. Reuters reported lawyers for the federal government charged nine persons with conspiracy to commit bank and wire fraud through an orchestrated $92 million mortgage fraud scheme aimed at Washington Mutual Bank and a subsidiary of Credit Suisse Group AG, DLJ Mortgage Capital Inc.

Agents with the U.S. Federal Bureau of Investigation (FBI) www.fbi.gov and prosecuting attorneys allege Kostogiannis used New York City property developments in Brooklyn and Queens to defraud Washington Mutual and Credit Suisse Group of $92 million through fraudulent loans. Federal court documents claim the nine defendants, charged with federal fraud, sold properties with values based on false appraisals to finance projects. The defendants were so blatant as to provide appraisals of properties not even built and listed fake addresses. Government lawyers say the real estate developer used loans, financed by lenders under their control, and then sold the bogus mortgage loans to Washington Mutual and DLJ. The defendants will be arraigned in U.S. District Court in Brooklyn before the judge, on Thursday afternoon, plus face additional charges of bank fraud and money laundering.

This is another legal and financial blow which has come to light recently since former Washington Mutual Bank (WaMu), now Washington Mutual Inc., was seized by the U.S. Office of Thrift Supervision (OTS) and placed into the hands of the Federal Deposit Insurance Corporation (FDIC) http://www.fdic.gov on September 25, 2008. A 10-day bank run, which resulted in $16.4 billion in withdrawals, caused the federal government to step in, take over, and then sell off the banking subsidiaries to JPMorgan Chase for a mere $1.9 billion. JPMorgan chase acquired the bank with $33 billion in assets, minus its unsecured debt or equity claims as outlined by Wiki. On September 26, 2008, the very next day, JPMorgan Chase filed for Chapter 11 bankruptcy protection in Delaware. Washington Mutual Bank was the largest United States’ savings and loan association, and its closure and receivership, by the federal government, remains the largest bank failure in American history. The United States District Court, for the District of Columbia, received a lawsuit filing by lawyers representing Washington Mutual Inc., on March 20, 2009, demanding $13 billion in damages. Business litigation attorneys representing WaMu accuse the OTC and FDIC with the unjustified seizure of the bank and the ridiculously low sale price to JPMorgan Chase as part of its legal complaint. The U.S. Federal Bankruptcy Court in Delaware, in turn, received a counterclaim by attorneys representing JPMorgan Chase.

JusticeNewsFlash.com news for New York bank fraud attorneys.

October 14, 2008

Mortgage Fraud at Washington Mutual

If you weren’t up late last night to catch it, Nightline — ABC’s nationally televised late-night news program — featured a segment that included an interview with a former Washington Mutual (WaMu) senior risk manager who says company executives ignored significant warnings about real estate and mortgage fraud and encouraged reckless lending:

Exclusive: WaMu Insiders Claim Execs Ignored Warnings, Encouraged Reckless Lending Ex-Washington Mutual Risk Manager: Execs ‘Took the Brakes Off and Drove Over a Cliff’

By PIERRE THOMAS and LAUREN PEARLE
Oct. 13, 2008—

With Americans reeling from a global financial crisis, dozens of former Washington Mutual insiders have come forward to expose what they claim were calamitous executive decisions that led to the biggest bank failure in U.S. history.

These former WaMu employees, 89 of them who worked throughout the company and around the country, described a bank eager to profit from a housing boom and lending frenzy that seemed to have contributed to the credit crunch and housing bust now plaguing the economy. Some of them spoke to ABC News, all of them are confidential witnesses in a recently filed shareholder class action lawsuit against WaMu.

WaMu Logo.jpg

In court documents, the insiders said the company’s risk managers, the “gatekeepers” who were supposed to protect the bank from taking undue risks, were ignored, marginalized and in some cases, fired. At the same time, some of the bank’s lenders and underwriters who sold mortgages directly to home owners said they felt pressure to sell as many loans as possible and push risky but lucrative loans onto all borrowers, according to insiders who spoke to ABC News.

And this is “only the tip of the iceberg,”a former high-level executive claimed in the lawsuit.

A company representative told ABC News that Washington Mutual Inc. would not comment for this story.

Former Risk Manager: WaMu ‘Took the Brakes Off the Car’

Dale George, a former WaMu senior risk manager who spoke exclusively to ABC News, explained that risk managers are like the brakes on a car. WaMu executives “took the brakes off and drove over a cliff,” he said.

George described how he said senior management willfully ignored warnings from its own “gatekeeper,” the bank’s risk management group. He and other company insiders claimed that risk managers were brushed aside while the business units adopted a strategy of dangerous and reckless lending that eventually took down the company.

George, an MBA with three decades of experience in banking and risk management, said that the WaMu he joined in 2003, “was all about good old-fashioned banking.” He described a company with a rigorous risk management program and sensible loan production. It was a bank he said he was proud to work at.

But as the housing bubble swelled and high-risk mortgage lending became more lucrative, the bank changed, according to George. WaMu began approving as many loans as it could. “Everything was refocused on loan volume, loan volume, loan volume,” he told ABC News.

And to further boost profit, WaMu increased its share of higher-risk subprime and option adjustable rate loans, known as “option arms,” said George. These loans offer low introductory rates and let borrowers defer interest payments, but can strap them with significantly higher interest rates and payments in the future.

George said WaMu was competing with subprime giant Countrywide, which also imploded. “They were in a neck-and-neck race.” and “both went off the cliff together, one after the other,” he said. This high-risk, high-return game turned a century-old traditional bank that made steady but modest returns into “just an arm of Wall Street,” said George.

WaMu executives knew of these risks but chose to ignore them, according to statements by former WaMu insiders cited in the lawsuit. In a September 2005 confidential “Corporate Risk Oversight Report” obtained exclusively by ABC News, WaMu’s own risk management team found that the future performance of popular loans like Option Arms was “untested” and created “major and growing risk factors in our portfolio.”

This document shows that the top WaMu executives “were on notice that their own risk management systems had no ability to even measure, let alone control, the extraordinary risks that they were taking,” according to Chad Johnson from Bernstein Litowitz Berger & Grossmann LLP, attorneys for the plaintiff shareholders.

But rather than heeding this warning, George said risk managers were told to “lay off.” In an October 31, 2005 e-mail also obtained by ABC News, one WaMu executive told risk managers about a “cultural change” at the bank, and urged them to “lead the charge in modifying the perception of compliance and risk oversight from a regulatory burden to a competitive advantage.”

George said this had a chilling effect: It told risk managers that they “could not raise meaningful issues” and “really had to sweep negative findings under the carpet.”

George told ABC News that he refused to sweep away his findings. He claimed “there were a number of instances where I was pressured to fix a certain rating or upgrade the rating.”

In one case, he said he refused to improve the risk rating on a $50 million commercial loan, an improvement that would have allowed the bank to significantly increase the loan. For that, he said he was taken off the project, reprimanded by senior management, and eventually fired when he raised his concerns to top executives. WaMu denied any wrongdoing and said the firing wasn’t retaliatory.

To those wondering why no one saw the risks, George responded: “We did. … WaMu had all these great, experienced risk managers around. But they were ignored.”

Pressure to ‘Sell, Sell, Sell,’ Said Former WaMu Lenders

With no gatekeeper, former WaMu lenders and underwriters described the companywide loan approval process as “very scary.” They claimed there was an “abandonment of basic tenants of underwriting and risk” and said loans were made to anyone, because “once you get paid, you don’t care what happens,” according to legal documents. “It was all about sell, sell, sell,” according to a former WaMu lender identified only as Confidential Witness 7.

Dorothea Larkin, a former WaMu senior underwriter, told ABC News that she was uncomfortable with what she said were loose lending standards. “It was all about making the numbers, closing all the loans that came through the door,” she said — loans like higher risk option arms and subprime.

WaMu’s underwriters were told not to question whether or not a home loan should have been approved, but just to ensure certain lending procedures were followed, according to Larkin. She called this hands-off underwriting approach “unusual.”

Larkin described a bank eager to loan money at any long-term cost. For example, she said WaMu lent millions to a borrower even after he defaulted on a multimillion dollar home construction project. “We just kept giving him money,” she said, “and I’m sure that’s one of the foreclosures WaMu is still sitting on.”

Larkin blamed senior management, and like George, claimed that she and many others saw it coming.

“The executives are the ones who made the decision to take WaMu in this direction,” she said. “Too many of the middle folks like myself said this is wrong, we’re making loans we shouldn’t be making, we’re qualifying borrowers who we know are going to struggle to pay the loan back.”

Undated internal documents obtained by the shareholders’ lawyers suggest that to increase profits, WaMu pushed risky loans on just about anyone, even borrowers likely to default.

In a WaMu Option Arm presentation titled “Washington Mutual Option ARM: At last a mortgage that puts your clients in control of their monthly payments,” the company described the “Arm Borrower” as being “All Ages,” “Any Social Status,” and “All Economic Levels.” Johnson said this shows a bank “trying to shove this extraordinarily risky mortgage on everyone out there.”

Investors Lose All, Accuse Company of Lying

While just a year ago, WaMu stock traded at about $36 a share, it’s now essentially worthless. Angry investors now taking WaMu to court claim they were lied to.

“WaMu was saying, consistently, up to the end, that they were conservative, prudent, rigorous,” said Johnson. But in reality “it was run in a way that was irresponsible, reckless, dangerous,” he contended.

The bulk of WaMu investors are pension funds, “funds that were looking out for firemen, for teachers, for nurses, for policemen alike,” claimed Johnson.

People like Tedda and Benjamin Hughes, a San Francisco couple who invested almost their entire savings, $27,000, into WaMu stock because they said they really liked the bank and thought it was a safe long-term investment.

Tedda, a stay-at-home mother, and her husband, Benjamin, a teacher earning $55,000 a year, said they now must skimp on everything. “If there was a corner that can be cut, we do it. We’re driving a thousand-dollar car, we rent this place. … I clean with vinegar instead of getting a fancy product,” she told ABC News.

The Hugheses said it took a long time to save that money, and that “it’s absolutely horrifying to go from something to really nothing. .. then have to start all over, change all of your plans, your entire life.”

And they said it shouldn’t have happened. Tedda told ABC News that she did her research by diligently reading research and investor reports and checked the stock price daily. She said that up until the end, even hours before the bank collapsed, WaMu’s investment division kept assuring shareholders that they had more than enough money to weather the storm.

“We understood that there was a risk,” she said, “but we didn’t think that the company was just going to go under.”

“It felt like robbery. It felt like a violation,” said Tedda.

The Hugheses said they’re scared and angry, anger amplified by the fact that WaMu executives got to keep their millions, paid out in salaries and bonuses, while they lost everything.

ABC News’ Arash Ghadishah and Beth Tribolet contributed to this report.

Copyright © 2008 ABC News Internet Ventures

I wonder how long it will take for former insiders from other large financial institutions to come forward and tell us what we’ve all suspected for so long!

Posted By: Ralph Roberts @ 6:25 am | | Comments (4) | Trackback |
Filed under: Washington Mutual

September 25, 2008

Real Estate and Mortgage Fraud Roundup

While members of Congress, President Bush, and the Treasury Department attempt to work out (pun intended) the $700 billion Troubled Asset Relief Program, real estate and mortgage fraud continues to be the fastest-growing white collar crime in American:

WaMu loaned millions to California home flippers convicted in fraud scheme: Records show WaMu, America’s largest savings and loan, financed at least 43 mortgages worth $24.5 million on properties bought and sold by members of the Soni family since 2007. Of the 22 homes sold in that period, at least six have become problems for WaMu: Four were foreclosed, one received a notice of default and another was listed for sale at a $260,000 loss. Total value of WaMu’s mortgages on the troubled properties: $2.7 million.

Weld County’s ‘Most Wanted’ fugitive — a developer — busted in Mexico: Weld County’s “Most Wanted” fugitive sits in a California jail today after a dogged investigation led to his arrest in Mexico. Mark Strodtman, a Greeley developer, was indicted March 25 by Weld County grand jury on 23 felonies, including racketeering. Strodtman, 51, and two others are accused in a mortgage fraud scheme that left many Greeley area families in foreclosure, reduced property values of neighboring homes and defrauded lenders, according to the Weld County District Attorney’s Office.

Brothers admit to million-dollar mortgage fraud: Federal prosecutors say two Virginia brothers have pleaded guilty in a million-dollar mortgage fraud scheme. Twenty-nine-year-old Mohammed Rababeh of Vienna and 31-year-old Ahmed Rababeh of Haymarket pleaded guilty Wednesday to conspiring to commit bank fraud.

Former mortgage loan officer pleads guilty to fraud scheme: A 25-year-old woman pleaded guilty in federal court yesterday to participating in a mortgage fraud scheme and faces up to five years in prison and $250,000 in fines. Paula Galacgac admitted that, while working as a loan officer for Mortgage Ability, LLC she recruited two “straw buyers” for properties on O’ahu and assisted them in fraudulently applying for mortgage loans worth more than $400,000. Other members alleged to be part of the fraud conspiracy were named in a separate criminal indictment returned by a federal grand jury May 30.

Officials say Florida man is part of mortgage scheme: A Seffner man was arrested Wednesday in connection with a multimillion-dollar mortgage fraud scheme that victimized dozens of people since 2004, the Florida Department of Law Enforcement said. Michael Fetterhoff, 37, of 205 Kingsway Road, was charged with grand theft of more than $100,000. Fetterhoff worked in sales for Advanced Mortgage Solutions, a mortgage broker company associated with other home improvement businesses that persuaded mostly minority customers in poor areas of Florida to take out home loans, FDLE spokeswoman Trena Reddick said.

Kansas City mortgage fraud ringleader sentenced to 13 years: A Kansas City businessman was sentenced to 13 years in prison for a $17 million mortgage fraud scheme that included buying a home owned by former Jackson County Executive Katheryn Shields and her husband. Raymond Zwego Jr. will also pay nearly $5.6 million in restitution and serve three of those years in prison for a probation violation.

AARP Calls For Help For Victims of Mortgage Fraud: Florida is one of only three states that doesn’t offer financial protection to victims of fraudulent loans. We’re also first in the nation for mortgage fraud. The Florida Association of Mortgage Brokers and AARP are calling on lawmakers to revive the Mortgage Brokerage Guaranty Fund. The fund was quietly cut in the 90’s. It would pay some victims or mortgage fraud 20,000 dollars for their losses. AARP Spokesman Dave Bruns said if the program hadn’t been canceled, today the state would have 24 (m) million dollars to help victims.

Delray Beach mortgage agent guilty of fraud: A Delray Beach mortgage broker pleaded guilty Friday to participating in a wire fraud scheme to misappropriate more than $1.2 million in client funds supposedly held in escrow for real estate transactions and related expenses. John Mohan, 38, faces up to 20 years in prison when he is sentenced Dec. 19 in federal court. According to the U.S. Attorney’s Office, Mohan worked as a mortgage broker and closing agent. He collected money from buyers and lenders and represented to the parties that the funds were being held in escrow to be disbursed for various specified purposes, including the satisfaction of pre-existing mortgages. Prosecutors said Mohan used the money for personal use and investments and tried to conceal the fraud and prevent immediate foreclosure of the property by sometimes making payments on the homeowner’s original mortgage.

Virginia mortgage broker sentenced in real estate fraud scheme: A mortgage broker from Norfolk has been sentenced to four years in federal prison in a mortgage fraud case involving a home in northern Virginia. Fifty-year-old David A. Freelander was sentenced last Friday in Alexandria federal court. He has to pay more than $5.4 million in restitution.

Florida AG suing 10 companies, 15 individuals for mortgage fraud: Florida Attorney General Bill McCollum announced last Friday that his state’s Mortgage Fraud Task Force is suing 10 companies and 15 individuals for their alleged roles in a Central Florida mortgage fraud scheme. The suit alleges that the group obtained more than $37 million in mortgage loans for at least 60 homes and siphoned off more than $6 million of the loan proceeds for their personal use.

12 indicted in Atlanta mortgage fraud scheme: Local authorities said last Monday they charged 12 men with an elaborate mortgage fraud scheme in Atlanta’s West End neighborhood and seized more than $200,000 of assets. In indictments filed last week, Fulton County District Attorney Paul Howard Jr. accused the men of buying and selling nine homes using false appraisals that were more than double the homes’ actual value. Seven of the houses were in the 30310 zip code in the West End, where 26 homes were put up for foreclosure auction in late June.

Posted By: Ralph Roberts @ 9:14 pm | | Comments (2) | Trackback |
Filed under: California,Colorado,Florida,Georgia,Hawaii,Kansas,Virginia,Washington Mutual

August 22, 2008

Hassan Nagi Indicted in $1.9 Million Michigan Mortgage Fraud Scheme

A federal grand jury in Michigan has indicted four men–including a mortgage broker and an appraiser–for allegedly running a $1.9 million real estate/mortgage fraud scheme. Hassan Nagi, 30, of Dearborn Heights, Michigan; Ali Haidous, 24, of Dearborn; Safi Bzeih, 35, of Dearborn; and Hussein Aoun, 23, of Dearborn Heights reportedly conspired to secure fraudulent mortgages from Countrywide Bank, Washington Mutual, Fifth Third Bank, IndyMac Federal Bank, Net Bank, and Sun Trust for more than 15 properties between April 2005 and April 2008.

The indictment alleges that Hassan Nagi worked as a mortgage broker and was responsible for submitting false and fraudulent applications to obtain the mortgages. Ali Haidous was a real estate appraiser who provided fraudulent appraisals for the properties. Bzeih and Aoun recruited sellers and straw buyers for the properties.

According to the indictment, after the Nagi and Haidous identified a willing seller of a property, Nagi secured financing for a straw buyer. False income and employment information was provided to the lender using fraudulent W-2 forms. In support of each loan, Nagi also submitted an inflated appraisal, created by Haidous.

After the inflated mortgage was funded at closing, the seller received sufficient funds to pay off any existing mortgage as well as a bonus for participating in the real estate fraud scheme. The remainder of the proceeds from the inflated mortgage were shared between Hassan Nagi, Ali Haidous and one of the straw buyers.

Nagi, Haidous, and Bzeih were expected to appear in federal court before Magistrate Judge Virginia Morgan yesterday afternoon, for their initial appearances and arraignment on the indictment. Hussein Aoun is a fugitive in Lebanon. The case is being prosecuted by Assistant U.S. Attorney Leonid Feller.