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May 17, 2011

Owner of New Jersey Foreclosure Rescue Companies Guilty of $10 Million Fraud

NEWARK, NJ—A West Orange, NJ ., man who owned and operated multiple foreclosure rescue companies admitted today to his role in a mortgage fraud scheme that defrauded numerous mortgage lenders of over $10 million, United States Attorney Paul J Fishman announced. Ronald Harris Jr, 41, of Piscataway, NJ ., pleaded guilty before United States Magistrate Judge Patty Shwartz to an information charging him with one count each of conspiracy to commit wire fraud and conspiracy to commit money laundering. Judge Shwartz recommended to United States District Judge Faith S Hochberg that his plea of guilty be accepted and entered. According to documents filed in this case and statements made during Harris’ guilty plea proceeding: Harris owned and operated Harris Capital and Skyline Capital Group, both of which held themselves out as foreclosure rescue companies and operated out of offices in Newark and later, Maplewood, NJ.

Harris admitted that he and other individuals, including Harris Capital employee Sterling Bruce, 37, of Newark, fraudulently promised to help homeowners avoid foreclosure, keep their homes, and repair their damaged credit by directing the homeowners to allow title to their homes to be put in the names of third party purchasers, or straw buyers, for approximately six month to one year. Harris told the homeowners that during that time period, he and others would help them obtain more favorable mortgages and improve their credit ratings. The homeowners were told that the titles to their homes would be returned to them. After the homeowners were signed up, Harris, Bruce, and others recruited individuals with good credit scores to act as straw buyers of the distressed properties.

The straw buyers were told that they were helping someone save his or her home and that they would make money when they sold the property back to the current owner after approximately one year. Once the distressed homeowners and straw buyers were in place, Harris, Bruce, Pia Perkinson, 39, of Parlin, NJ.—a mortgage loan officer at a number of different mortgage loan companies—and others caused loan applications to be sent in the straw buyers’ names to mortgage lenders. To increase the credit-worthiness of the straw buyers and to ensure that they would be approved for the loans, Harris, Bruce, Perkinson, and others submitted loan applications containing material false personal and financial information about the straw buyers, such as misstating their employment, income, and assets. For example, many of the straw buyers’ loan applications falsely stated that they worked for one of Harris’ companies making a substantial salary.

Harris would also regularly submit fraudulent supporting documents with the loan applications to support the false statements, such as fake employment records and fake investment account statements. Prior to the closings of these fraudulent transactions, Harris and Bruce regularly filed fraudulent liens for tens of thousands of dollars on the properties. At the closings of the transactions, the liens would be paid off with the proceeds of the fraudulently obtained loans and Harris and Bruce would enrich themselves. Harris admitted that he regularly laundered these loan proceeds through various bank accounts he controlled.

In total, Harris and his co-conspirators caused lenders to fund dozens of fraudulent loans that totaled more than $10 million. Of that amount, Harris received approximately $1,145,993. The wire fraud conspiracy count to which Harris pleaded guilty carries a maximum potential penalty of 30 years in prison and a fine of up to $1 million. The money laundering conspiracy count carries a maximum potential penalty of 20 years in prison and a fine of up to $250,000.

Sentencing is currently scheduled for September 13, 2011. Bruce previously pleaded guilty before Judge Shwartz to one count of wire fraud conspiracy relating to his role in the mortgage foreclosure rescue scheme. He is currently scheduled to be sentenced by Judge Hochberg on September 12, 2011. Perkinson also previously pleaded guilty before Judge Shwartz to one count of wire fraud conspiracy.

During her guilty plea, Perkinson admitted to submitting fraudulent loan applications to various lenders, as well as taking out at least two fraudulent loans herself. A sentencing date has not yet been determined. Sabir Muhammad, 47, of South Plainfield, NJ ., was charged along with Harris in the initial complaint, and the charges against him remain pending. United States Attorney Fishman credited postal inspectors of the United States Postal Inspection Service, under the direction of Inspector in Charge Thomas E Boyle; special agents of the FBI, under the direction of Special Agent in Charge Michael B Ward; and special agents of the IRS, under the direction of Special Agent in Charge Victor W Lessoff, with the investigation leading to today’s guilty plea.

The government is represented by Assistant United States Attorneys Matthew E Beck and Aaron Mendelsohn of the United States Attorney’s Office Economic Crimes Unit in Newark. The charges contained in the complaint against Muhammad are merely accusations, and the defendant is considered innocent unless and until proven guilty. This case was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes.

The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes. Defense counsel: Alan D Bowman Esq ., Newark

Reported by: FBI

May 16, 2011

Mortgage Fraud Broker Pleads Guilty to Mortgage Fraud

GRAND RAPIDS, MI—Joseph Carr, 56, of Lansing, Michigan, pled guilty to one count of bank fraud, U.S. Attorney Donald A. Davis announced today. Carr admitted as part of his plea before U.S. Magistrate Judge Hugh W. Brenneman Jr. that he defrauded Bank of America by recruiting “straw buyers” to apply for a mortgage loan for a home that he himself intended to occupy, and inflated the value of that home in order to increase the amount of the loan. In this manner, he was able to secure a loan of $175,000 for his own use. In his plea agreement, Carr also acknowledged that other related fraudulent activities resulted in losses of $1,147,250.

Bank fraud is punishable by 30 years in prison and other penalties. Carr’s sentence will be imposed by U.S. District Judge Janet T. Neff at a date to be announced.

The case is being investigated by the Federal Bureau of Investigation as part of the Western District of Michigan’s Mortgage Fraud Task Force. This group was created to investigate and prosecute the growing number of mortgage fraud cases that have recently come to light. U.S. Attorney Davis stated, “Mortgage fraud has played a significant role in the mortgage crisis that has brought so much misery to Michigan citizens. Federal law enforcement will vigorously pursue the perpetrators of these frauds to face the punishment they have earned.”

Posted By: Ralph Roberts @ 10:51 am | | Comments (0) | Trackback |
Filed under: Mortgage Fraud,Mortgage Fraud Scheme,Mortgage Loan Fraud,Straw Buyer

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

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

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

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

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

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

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

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

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

May 15, 2011

Federal Jury Finds Former Head of Groton Mortgage Company Guilty of Defrauding Lenders

Nora R. Dannehy, United States Attorney for the District of Connecticut, today announced a federal jury in Hartford has found GARY T. JOHNSON, 60, of Groton, guilty of four counts of wire fraud and two counts of engaging in illegal monetary transactions while operating his former mortgage lending business. A trial in this matter began on Thursday, March 18, and the jury returned the verdicts this afternoon.

According to the evidence presented during the trial, JOHNSON owned and operated a business known as Matrix Investment Corp. (“Matrix”), which was based in Groton, Connecticut. Matrix provided mortgage loans to interested borrowers either as a broker for other lenders or as a loan originator itself. JOHNSON was the Chairman of Matrix and oversaw lending activity at the Company.

During 2004 and 2005, Matrix and JOHNSON began to use monies disbursed for the benefit of borrowers for purposes other than the payoffs set forth in the relevant HUD settlement statements, including to pay Matrix’s ongoing payroll and other expenses, or to make payoffs to other lenders on unrelated refinancings. In the summer of 2004, JOHNSON informed some of his employees that he was seeking to refinance certain of his personal properties to put money into the business to fund Matrix. As part of that process, a Matrix employee began to explore refinancing options for JOHNSON from various lenders, including Greenpoint Mortgage Funding Inc., for approximately $640,000 and a line of credit for $80,000, both to be secured by JOHNSON’s personal residence in Groton. Several months later, JOHNSON sought refinancing for $575,000 with Flagstar Bank, to be secured by another house he owned in New London.

During the refinancing process, JOHNSON caused fraudulent personal mortgage loan applications to be submitted to Greenpoint, Flagstar Bank, and other lenders. On the applications, JOHNSON misrepresented to Greenpoint that he owned his primary residence in Groton, when the residence was actually held in his wife’s name. JOHNSON also overstated his monthly employment income, listing it as much as $29,000, when his tax returns listed no employment income. Although JOHNSON also told Greenpoint and Flagstar that he would use the proceeds of the refinancings to pay off preexisting liens on the properties, he instead used the monies for other purposes.

The $640,000 and the $80,000 loans with Greenpoint closed on August 9, 2004. The Flagstar loan for $575,000 closed on October 8, 2004. In the fall of 2005, JOHNSON ceased making payments on both the Greenpoint and Flagstar loans. The loans went into default, and the lenders have suffered losses in excess of $1.3 million.

JOHNSON is scheduled to be sentenced by United States District Judge Christopher F. Droney on June 11, 2010, at which time JOHNSON faces a maximum term of imprisonment of 120 years.

This matter was investigated by Internal Revenue Service – Criminal Investigation. The Federal Bureau of Investigation assisted in the investigation. The case is being prosecuted by Senior Litigation Counsel Christopher W. Schmeisser and Assistant U.S. Attorney David J. Sheldon.

Posted By: Ralph Roberts @ 11:17 am | | Comments (0) | Trackback |
Filed under: Mortgage Fraud,Mortgage lending Fraud,Mortgage Loan Fraud,Wire Fraud

New London Man Charged with Operating Mortgage Fraud Scheme

David B. Fein, United States Attorney for the District of Connecticut, today announced that a federal grand jury sitting in New Haven has returned an indictment charging SYED A. BABAR, also known as “Ali,” 28, of Ledyard Street, New London, with one count of conspiracy to commit wire fraud and two counts of wire fraud. The charges stem from a mortgage fraud conspiracy that BABAR is alleged to have headed.

The indictment alleges that, between February 2007 and April 2010, BABAR, along with a mortgage broker, a real estate appraiser, two attorneys, and others, engaged in a scheme to obtain millions of dollars in residential real estate loans, including loans insured by the Federal Housing Administration, through the use of sham sales contracts, false loan applications and fraudulent property appraisals.

The indictment alleges that BABAR recruited and paid straw purchasers to nominally purchase homes. BABAR and his co-conspirators then directed the straw purchasers to enter into sales contracts with the sellers of homes for a price higher than the actual price that the seller would receive. Members of the conspiracy submitted false documentation in connection with loan applications that were submitted, including fraudulent appraisals of the properties being purchased in order to justify the inflated sales price and the loan amount being sought to fund each purchase. The indictment further alleges that BABAR and others created a fictitious construction company called “Sheda Telle Construction, LLC,” in order to divert fraud proceeds to it and, in some cases, to falsely justify the artificially inflated sales price of houses based on renovations purportedly made to the property that, in fact, did not occur. BABAR and his co-conspirators then split the fraud proceeds.

Contrary to the representations made on the loan applications, it is alleged that the straw purchasers never occupied the houses as their primary residences. They defaulted on the loans they obtained and let the houses go into foreclosure.

According to statements made in court, it is alleged that BABAR and his co-conspirators conducted this scheme on more than 25 properties in New London, New Haven, and other locations in Connecticut. As a result, it is alleged that various lenders suffered a loss of at least $2.5 million.

The indictment was returned on April 27, 2010, and unsealed today. BABAR was arrested on May 12. Today, United States Magistrate Judge Donna F. Martinez in Hartford ordered BABAR detained while the case is pending.

The charges of conspiracy to commit wire fraud and wire fraud carry a maximum term of imprisonment of 20 years on each count.

U.S. Attorney Fein stressed that an indictment is only a charge and is not evidence of guilt. The defendant is entitled to a fair trial at which it is the government’s burden to prove guilt beyond a reasonable doubt.

U.S. Attorney Fein stated that the investigation is ongoing.

This case is being investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Eric J. Glover.

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

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

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

May 14, 2011

Two Men Charged in Mortgage Fraud Scheme

David B. Fein, United States Attorney for the District of Connecticut, today announced that a federal grand jury in Bridgeport has returned an indictment charging DOMINGOS DIAS, 41, of Trumbull, and HECTOR NATERA, 39, formerly of Bridgeport, with conspiracy, wire fraud, and bank fraud offenses stemming from their alleged involvement in a mortgage fraud scheme that has caused more than $3 million in losses to lenders. The indictment was returned on November 18, 2010, and was unsealed on May 11, 2011.

The indictment alleges that from approximately January 2006 to April 2008, DIAS, NATERA, and others conspired to obtain millions of dollars of fraudulent real estate loans from banks and real estate lenders for properties that were purchased in Bridgeport and New Haven. Working from offices located at 1944 Boston Avenue in Bridgeport, DIAS and NATERA held themselves out as real estate agents and mortgage brokers and recruited “straw buyers,” found sellers, and orchestrated and directed the creation and flow of fictitious documentation and information that were needed to obtain the fraudulent loans from lenders. After a loan for a property had been fraudulently obtained and a closing had occurred, DIAS and NATERA kept some of the fraud proceeds and distributed proceeds to other members of the conspiracy.

It is alleged that losses to mortgage lenders from this scheme total in excess of $3 million.

The indictment charges DIAS and NATERA with one count of conspiracy to commit wire fraud and bank fraud and one count of bank fraud. The indictment also charges DIAS with six counts and NATERA with four counts of wire fraud. Each of the charges carries a maximum term of imprisonment of 30 years and a fine of up to $1 million

DIAS was arrested on November 23, 2010. He had been released on bond until May 11 when U.S. Magistrate Judge Holly B. Fitzsimmons found that DIAS had violated the terms and conditions of his release and ordered the bond revoked and DIAS detained. The indictment was unsealed on that date.

NATERA is currently being sought by law enforcement. Citizens with information about this case, or any other suspected mortgage fraud activity, are encouraged to contact the Connecticut Mortgage Fraud Task Force at 203-333-3512, or by e-mail to ctmortgagefraud@ic.fbi.gov.

U.S. Attorney Fein stressed that an indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

This matter is being investigated by the Federal Bureau of Investigation and the United States Postal Inspection Service. The case is being prosecuted by Assistant United States Attorney Ann M. Nevins.

In July 2009, the U.S. Attorney’s Office and the Federal Bureau of Investigation announced the formation of the Connecticut Mortgage Fraud Task Force to investigate and prosecute mortgage fraud cases and related financial crimes occurring in Connecticut. In addition to investigating past mortgage fraud schemes, the task force is focusing on emerging crime trends that are associated with the growing tide of foreclosures, including foreclosure rescue schemes and short sale schemes.

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

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

Lien Scheme Involved Amounts Totaling Trillions of Dollars

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

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

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

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

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

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

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

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

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

May 13, 2011

Rhode Island Man Admits Involvement in Mortgage Fraud Scheme

David B. Fein, United States Attorney for the District of Connecticut, announced that NATHAN RUSSO, 34, of Johnston, Rhode Island, pled guilty today before Chief United States District Judge Alvin W. Thompson in Hartford to one count of conspiracy to commit wire fraud stemming from his participation in a mortgage fraud conspiracy.

According to court documents and statements made in court, RUSSO and others engaged in a scheme to obtain millions of dollars in residential real estate loans, including loans insured by the Federal Housing Administration, through the use of sham sales contracts, false loan applications and fraudulent property appraisals.

RUSSO was a mortgage broker employed by Action Mortgage Corp., a licensed mortgage broker in Cranston, Rhode Island. In pleading guilty, RUSSO admitted that he acted as a mortgage broker for five residential property sales that closed in between April and September 2007. All but one of these properties were in Connecticut. RUSSO prepared loan packages for these transactions, including loan applications for the buyer, which he knew to include false information about the buyer’s employment, assets and liabilities and the buyer’s intention to occupy the property as his principal residence. The loan applications also were supported by false documentation, including earning statements and fraudulent bank records.

Judge Thompson has scheduled sentencing for April 4, 2011, at which time RUSSO faces a maximum term of imprisonment of five years and a fine of up to $250,000.

The investigation is ongoing.

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

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

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

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

May 12, 2011

Florida Woman Charged in Connection with Howard County Mortgage Fraud

INDIANAPOLIS—Amanda Burroughs, 35, Spring Hill, Fla., was charged late yesterday with wire fraud, announced Timothy M. Morrison, U.S. Attorney, Southern District of Indiana, following an investigation by the Federal Bureau of Investigation.

The charge alleges that Amanda Burroughs controlled a company called WLL & Co., LLC (“WLL”), which purchased distressed homes, improved them, and then sold them for a profit. WLL had a revolving line of credit with a financial institution in Howard County which it used to purchase, refurbish and re-sell properties.

In an effort to continue to acquire and sell additional properties, Burroughs, from May, 2005 through February, 2008, allegedly concealed the source of her buyers’ down payment money in order to induce the lenders to loan to buyers who otherwise would not qualify for loans.

WLL purportedly provided part or all of the down payments, by means of false gift affidavits, false bills of sale for other property, or cash deposits in buyers’ accounts. Burroughs and WLL would then receive money at closing from the sale of each one these properties, many of which ultimately went into foreclosure. As a result of this scheme, the underwriters sustained $385,741 in losses.

According to Assistant U.S. Attorney Bradley P. Shepard, who is prosecuting the case for the government, Burroughs faces a maximum of 20 years in prison and a $250,000 fine. Burroughs will make an initial appearance before a United States Magistrate Judge in Indianapolis.

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

Former Davenport Mortgage Broker Arrested for Mortgage Fraud

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

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

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

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

May 11, 2011

Kentuckiana Men Charged with Mortgage Fraud 19 Properties Totaling Nearly $5 Million

LOUISVILLE, KY—David J. Hale, United States Attorney for the Western District of Kentucky, announced today that a federal grand jury in Louisville returned a superseding indictment against six Kentuckiana men charging them with one count of engaging in a conspiracy to commit bank and wire fraud by intentionally devising a scheme to defraud various banks and mortgage lenders by submitting fraudulent mortgage loan information in the purchase of 19 properties in Louisville, Kentucky and Jeffersonville, Indiana totaling nearly $5 million dollars.

The Indictment alleges that between November 1, 2006 and August 30, 2008, Shawn Bramlett, Billy D. McDaniels, Dane Little, Kyle Kark, and Mark Hack, all of Jeffersonville, Indiana, and Stephen C. Netherton of Louisville, Kentucky, perpetrated a fraudulent scheme against various banks and commercial lending companies, including Wells Fargo Bank, Bank of America (formerly Countrywide Home Loans), Accredited Home Lenders, Primary Residential Mortgage Company, and First Franklin Financial Company by submitting applications and other documents for loans which contained false and fraudulent information, including false employment information, false and fraudulent bank account balances, and false representations that down payments were being made toward purchases of properties.

According to court records, after loan applications were approved for funding, the loan proceeds were wire transferred in interstate commerce to designated accounts with various banks in Louisville, Kentucky, whereby the defendants and other unnamed co-conspirators appropriated, for their personal benefit and gain, portions of the fraudulently obtained loan proceeds.

The Louisville grand jury returned a second count in the superseding indictment against Little and Netherton charging them with conspiracy to commit bank fraud in a separate but similar fraudulent scheme against various banks and commercial lending companies, by submitting applications and other documents for automobile loans which contained false and fraudulent information, including borrower’s employment, income and assets, and identity of the seller of the vehicle.

According to court records, between October 22, 2010 and December 31, 2010, the defendants caused fraudulent loans to be funded in the amount of $118,000, purportedly to purchase four vehicles, and in at least one instance, no car was purchased. After obtaining the loans, the defendants and other unnamed co-conspirators appropriated for their personal benefit and gain portions of fraudulently obtained loan proceeds.

In the event of a conviction, the maximum potential penalties are 40 years’ imprisonment, a $500,000 fine, and supervised release for a period of three years.

The case is being prosecuted by Assistant United States Attorney Jim Lesousky, and it was investigated by the Federal Bureau of Investigation and the Kentucky Department of Financial Institutions.

Loan Officer Sentenced to 21 Months in Prison for Mortgage Fraud Scheme

PITTSBURGH—A resident of Allegheny County has been sentenced in federal court to 21 months of incarceration followed by two years of supervised release on his conviction of wire fraud conspiracy, United States Attorney David J. Hickton announced today.

United States District Judge Joy Flowers Conti imposed the sentence yesterday on Constantino Papastergous, 40, of Allison Park, Pa. Judge Conti’s sentencing order also requires Papastergous to repay more than $1,000,000 in restitution.

According to information presented to the court, Papastergous was a loan officer for Steel City Mortgage, which was a mortgage broker company. Papastergous and other individuals associated with Steel City Mortgage used Kenneth Cowden, an unlicensed appraiser who submitted fraudulent appraisals using the names of licensed appraisers, to prepare more than $85 million of fraudulent appraisals for Steel City Mortgage. The appraisals were fraudulent in that they falsely represented that they were prepared by a licensed appraiser and because they overstated the value of the property serving as collateral for the loans. Papastergous and other individuals associated with Steel City also submitted loan applications and supporting documents that misrepresented the financial status of the borrowers, including their income and assets.

Assistant United States Attorney Brendan T. Conway prosecuted this case on behalf of the government.

U.S. Attorney Hickton commended the Mortgage Fraud Task Force for the investigation leading to the successful prosecution of Papastergous. The Mortgage Fraud Task Force is comprised of investigators from federal, state, and local law enforcement agencies and others involved in the mortgage industry. Federal law enforcement agencies participating in the Mortgage Task Force include the Federal Bureau of Investigation; the Internal Revenue Service – Criminal Investigation; the United States Department of Housing and Urban Development, Office of Inspector General; the United States Postal Inspection Service; and the United States Secret Service. Other Mortgage Fraud Task Force members include the Allegheny County Sheriff’s Office; the Pennsylvania Attorney General’s Office, Bureau of Consumer Protection; the Pennsylvania Department of Banking; the Pennsylvania Department of State, Bureau of Enforcement and Investigation; and the United States Trustee’s Office.

Mortgage industry members with knowledge of fraudulent activity are encouraged to call the Mortgage Fraud Task Force at (412) 894-7550. Consumers are encouraged to report suspected mortgage fraud by calling the Pennsylvania Attorney General’s Consumer Protection Hotline at (800) 441-2555.

May 10, 2011

Second Indiana Defendant Sentenced in Mortgage Fraud Scheme

INDIANAPOLIS—Beverly A. Ross, 51, Noblesville, Indiana, was sentenced to 63 months in prison today by U.S. District Judge Larry J. McKinney following her guilty plea to wire fraud and bankruptcy fraud. This case was the result of a several month investigation by the Hamilton County Sheriff’s Office, Hamilton County Prosecutor’s Office, Indiana Attorney General’s Office – Homeowner Protection Unit, United States Trustee, Region 10, and the Federal Bureau of Investigation. Donella Locke, a co-defendant charged with Ross, was sentenced to 71 months in prison on January 27, 2010, following her conviction for wire fraud by a jury guilty verdict in September, 2009.

Ross engaged in a mortgage fraud scheme involving 34 properties ranging in value from $300,000 to $1.4 million. The homes were located in Noblesville, McCordsville, Carmel, Indianapolis, Brownsburg, Zionsville, Westfield, Fishers, Nineveh, and Fortville. Numerous lenders suffered a loss of about $5.6 million dollars as a result of the fraud.

The investigation began in 2005 after a relative of Ross reported that she had used his credit information without his permission. This relative’s credit report showed that properties and vehicles had been purchased and leased using his credit information. The scheme used a false social security number to the lender, and generated false verifications of employment, false verifications of rent, used false business names, and submitted false income amounts. For other properties, Ross represented that repair and rehabilitation work would be done to the properties. No such work was ever done. The false statements to the lenders resulted in them lending money they would not have otherwise loaned. Few payments were made on any of the mortgages obtained on the 34 properties.

Ross also filed five bankruptcy petitions between 2005-2006, the same time period she was engaging in her mortgage fraud scheme. The bankruptcy petitions were designed to immediately stop the foreclosure proceedings on the properties she purchased without permission. Ross never followed up by filing supporting paperwork for the petitions. Victim lenders trying to foreclose had to expend extra time and resources working through the foreclosure proceedings and the bankruptcy filings.

“It is essential that the citizens of this country have confidence that our bankruptcy system works fairly,” stated Nancy J. Gargula, the United States Trustee for Indiana and the Central and Southern District of Illinois (Region 10), “and I am gratified by the actions taken by United States Attorney Morrison and the members of the Bankruptcy Fraud Working Group for Southern Indiana to prosecute those who engage in fraudulent conduct. Today’s sentence sends a strong message that abusing the bankruptcy system will not be tolerated.” Members of the Southern Indiana Bankruptcy Fraud Working Group include representatives of the United States Attorney’s Office for the Southern District of Indiana; Office of the United States Trustee for Indiana and Southern and Central Illinois (Region 10); Federal Bureau of Investigation; Internal Revenue Service; United States Postal Inspection Service; Social Security Administration; and Department of Health and Human Services, among others. The United States Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws.

“This individual engaged in a brazen pattern of deceit to mislead victims out of millions of dollars, and now she is being held accountable for her actions. Protecting the home-buying public from mortgage fraudsters is a high priority for the Indiana Attorney General’s Office, and so we are pleased that the close collaboration with our federal and state colleagues produced a successful outcome in this case,” said Deputy Attorney General Gabrielle Owens, section chief of the Homeowner Protection Unit (HPU) of the Attorney General’s Office.

According to Assistant U.S. Attorney Gayle L. Helart and Bradley P. Shepard , who prosecuted the case for the government, Judge McKinney also imposed three years supervised release following Ross’s release from prison. Ross was ordered to make restitution in the amount of $5.6 million dollars to 21 different victim

Indianapolis Man Sentenced to 30 Months’ Imprisonment in Mortgage Fraud Scheme

INDIANAPOLIS—Jerry J. Jaquess, Indianapolis, age 67, was sentenced to 30 months in prison late yesterday by Chief Judge David F. Hamilton for his participation in a large mortgage fraud scheme in the Indianapolis area, announced Timothy M. Morrison, United States Attorney for the Southern District of Indiana. Jaquess plead guilty to one count of wire fraud and one count of money laundering. Today’s sentencing follows a lengthy investigation conducted by Special Agents of the Internal Revenue Service – Criminal Investigation Division and investigators for the United States Attorney’s Office, with assistance by the Federal Bureau of Investigation. Eight other individuals have been charged in the schemes and those cases are currently pending before Judge Hamilton. The investigation is continuing as to other individuals who were involved in the mortgage fraud schemes.

Jaquess owned and operated Homevestors LLC, a company involved in the development and construction of new real estate properties, as well as the purchase and sale of existing residential real estate properties. As part of the mortgage fraud schemes, Jaquess and other individuals entered into contracts to purchase 186 duplexes in the Windsor Village neighborhood, located near Arlington Avenue and 21st Street, on the east side of Indianapolis. These properties were all owned by one person, thru various land trusts. Jaquess and others negotiated with this individual to purchase all of the duplexes at a price of $50,000.00 each (the last group of these properties actually sold for $60,000.00).

Jaquess used his company Homevestors to negotiate the purchase and sale of the first 11 Windsor Village properties. On each of the properties, Jaquess entered into a land contract (and other documents) immediately preceding the closing, showing that Homevestors LLC was purchasing the property from the owner for $50,000.00. He also entered into agreements to sell the properties to investors for $120,000.00 each. In early February 2005, prior to the first purchase agreements ever being finalized, Jaquess, or individuals associated with him, caused three of the Windsor Village properties to be listed on the Metropolitan Indianapolis Board of Realtors Multiple Listing Service (MLS) showing a list price of $120,000.00. Jaquess did not own the properties at the time they were listed and did not even enter into land contracts to purchase these properties (for $50,000.00 each) until mid-March 2005. These properties were the first three Windsor Village properties closed (on March 17, 2005). A few days after these properties closed, Jaquess and his associates caused these three sales (at $120,000.00 apiece) to be placed on the MLS. This allowed Jaquess and other individuals involved in the scheme to show these three properties as comparables on appraisals to be prepared for all of the remaining Windsor Village properties, thus making it appear that each of those properties were worth $120,000.00. Jaquess attended the closings as the seller of the properties, and generally also took the buyer (investor) down payment check to the closings. Jaquess signed the loan closing documents on behalf of Homevestors LLC, including the false HUD-1 Settlement Statements, showing that the investors were providing the down payments, which he knew to be untrue. After the closing, Jaquess received checks to Homevestors LLC for the amount of the fraudulent loan proceeds (generally more than $70,000.00 per property). Jaquess then caused Homevestors LLC to issue checks disbursing the fraudulent loan proceeds. Included in these checks were payments totaling approximately $42,000.00 payable to Jaquess personally, or a family member of his, as well as checks to repay the individuals “fronting” the down payment (plus $1,000.00 – $3,000.00 fee) and checks to pay the investors $4,000.00 for each property purchased.

According to Assistant U. S. Attorney Susan Heckard Dowd, who prosecuted the case for the government, Judge Hamilton ordered Jaquess to serve three years on supervised release following his 30 months of incarceration and also ordered him to pay $824,614.33 in restitution to Homecomings Financial and Argent Mortgage Company.

May 9, 2011

John Bravata, Founder and Chairman of BBC Equities, Arrested at JFK International Airport in Connection with Investment Fraud Scheme

John Bravata, the founder and chairman of BBC Equities, LLC, was arrested yesterday at JFK International Airport, announced U.S. Attorney Barbara L. McQuade. Bravata was arrested on an inbound flight from Italy. McQuade was joined in the announcement by Special Agent in Charge Andrew G. Arena, Federal Bureau of Investigation.

Bravata is charged in a criminal complaint with wire fraud in connection with his solicitation of investor funds for BBC, which Bravata characterized as a real estate investment fund. The complaint charges that from 2006 through 2009, Bravata knowingly participated in a scheme to defraud investors. Bravata and those working on his behalf made multiple misrepresentations to numerous prospective investors, including misrepresentations regarding how their investment funds would be utilized, the security of funds invested with BBC, and the returns that could be expected by investors of BBC.

Bravata also misled investors by telling them that managers of BBC would not earn money unless BBC was profitable. He also represented that the managers of BBC did not take fees, commissions, or a salary. In reality, Bravata and others received lucrative compensation from BBC and related entities despite that fact that BBC was never profitable. Bravata also used investor funds to pay for the construction of his roughly 18,000 square foot personal home and to pay for other personal expenses.

The charge in the complaint, wire fraud, carries a maximum penalty of 20 years’ imprisonment and a $250,000 fine.

A complaint is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Louis P. Gabel.

Robert Penn Sentenced to Seven Years in Prison for Mortgage Fraud Crimes

Two Co-Defendants, Stephen Scott Brown and Tamara E. Scott, Sentenced to 37 Months and 24 Months

INDIANAPOLIS—Robert Andrew Penn, 44, formerly of Indianapolis, was sentenced to seven years in prison late yesterday by Circuit Judge David F. Hamilton for Penn’s part in a multi-million dollar mortgage fraud scheme in the Indianapolis area. Penn had entered guilty pleas to charges of wire fraud, conspiracy to commit wire fraud, and money laundering. Co-defendant Tamara E. Scott, age 50, Indianapolis, was sentenced to 24 months in prison for conspiracy to commit wire fraud and money laundering, and co-defendant Stephen Scott Brown, age 37, Indianapolis, was sentenced to 37 months in prison for conspiracy to commit wire fraud and money laundering.

These sentencings follow a lengthy investigation conducted by Special Agents of the Internal Revenue Service – Criminal Investigation Division with assistance from the Federal Bureau of Investigation. A total of nine individuals have been charged in these schemes. Jerry Jaquess and Timothy Brown were previously sentenced to 30 months and 37 months in prison, respectively, and the remaining cases are currently pending before Circuit Judge Hamilton. The investigation is continuing as to other individuals who were involved in the mortgage fraud schemes.

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

Penn and his associates owned and operated numerous business entities which were created and used to illegally obtain loans on residential real estate properties in the Indianapolis area. Penn controlled and directed the activities of the other people involved in the illegal activities. Scott was married to Penn during the commission of all of the mortgage fraud crimes, and was involved in the business activities of most of the entities used to purchase, sell and manage properties in the fraudulent transactions. Brown was involved in the mortgage brokerage business and assisted in brokering many of the loans with Argent Mortgage Company and The MoneyStation.

Of the 136 fraudulent loans charged, 39 loans related to the purchase of properties from individual sellers, generally individuals who either did not have their homes listed to sell, or had them listed as “for sale by owner.” These loans totaled over $7,000,000.00 and were all issued by Argent Mortgage Company.

The remaining 97 fraudulent loan transactions charged all relate to the sale of duplexes in the Windsor Village neighborhood, located near Arlington Avenue and 21st Street, on the east side of Indianapolis. These loans totaled over $9,312,000.00 and were funded by Argent Mortgage Company, The MoneyStation and by People’s Choice Mortgage, a warehouse lender in Kentucky who had a correspondent lending agreement with Countrywide Home Loans in California. Countrywide Home Loans purchased all of these loans shortly after they were funded. All of the loans involved in the schemes went into default, and the lenders either foreclosed on the homes or took other action, including granting deeds in lieu of foreclosure or allowing short sales of the properties.

Scott’s involvement in the business included attending closings and signing fraudulent documents, receiving checks for fraudulent loan proceeds, depositing those checks to corporate bank accounts, obtaining cashiers’ checks to pay co-conspirators, and directing others in the disbursements to be made from the corporations. As part of the Windsor Village transactions, Scott, at Penn’s direction, added the names of investors to bank accounts of numerous entities and forged their signatures on bank account signature cards, to make it appear that the investors had assets which they did not have. Scott’s sentence reflected her involvement in approximately 130 fraudulent loans (including all 97 Windsor Village loans). The total amount of those loans was $14,931,300.00. Her total fraud loss was calculated at $6,149,300.00.

Stephen Scott Brown’s participation included filling out false loan applications, obtaining false documents, obtaining inflated appraisals, and submitting the fraudulent loan packages to the lenders, knowing the documents to be false. Brown received $1,500-2,000 for each fraudulent loan which he brokered. He also assisted in funding some of the fraudulent down payments. Stephen Scott Brown’s sentence reflected his involvement in 43 fraudulent loans, including the first 11 Windsor Village loans. The total amount of those loans was $6,575,300.00. The actual loss was calculated at $2,793,412.64.

According to Assistant United States Attorney Susan Heckard Dowd, who prosecuted these cases for the government, Circuit Judge Hamilton also ordered Penn, Scott and Brown to serve three years on supervised release following their incarceration and make restitution as follows:

Penn: $11,411,722.32
Scott: $2,793,412.64
Brown: $11,122,891.82

May 7, 2011

Indianapolis Man Sentenced to 43 Months in Prison for Mortgage Fraud Scheme

Mark Roth, 55, Indianapolis, was sentenced today to 43 months in federal prison by Circuit Judge David F. Hamilton following Roth’s guilty pleas to one count of wire fraud and one count of money laundering. This sentencing concerned Roth’s role in a multi-million dollar mortgage fraud scheme operated by Robert Penn. Roth was found responsible for 25 fraudulent loans, including the first 11 Windsor Village loans, amounting to more than $5 million.

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. Eight other individuals have been charged in the scheme. The remaining three cases are currently set for sentencing before Circuit Judge Hamilton on February 2, 2010. The investigation is continuing as to other individuals who were involved in the mortgage fraud schemes. Previously sentenced in this investigation were:

Robert Penn – 84 months’ imprisonment;
Timothy Brown – 37 months’ imprisonment;
Stephen Scott Brown – 37 months’ imprisonment;
Jerry Jaquess – 30 months’ imprisonment;
Tamara Scott – 24 months’ imprisonment.

Mark Roth was involved in the mortgage brokerage business and assisted in brokering numerous loans through Argent Mortgage Company and The MoneyStation Inc. Through his years of experience in the business, Roth had developed relationships with Argent Mortgage Company employees. Roth prepared the Argent mortgage broker application packages for Web Mortgage Company LLC and American Funding Solutions Inc., to assist these companies in being able to broker loans through Argent. Roth also opened and ran the Indianapolis branch office of 1st Start Mortgage. Roth, alone and with the assistance of others, prepared and submitted to the lenders false and fraudulent loan applications along with false supporting documentation for the loans, knowing that the documents were false when he submitted them. On some occasions, Roth also requested other individuals to “front” down payment checks for the investors. Roth received money from the fraudulent loan proceeds. He opened an entity and bank account in the name WJP Roth Investments Inc., and used this bank account to deposit the fraudulent loan proceeds which he received. Roth was also partners with Jaquess in Homevestors LLC, a company involved in the purchase of the first 11 Windsor Village properties, located near Arlington Avenue and 21st Street, on the east side of Indianapolis. These properties were purchased for $50,000.00 each, and then “sold” to straw purchasers for $120,000.00 each. All of the loans involved in the schemes went into default, and the lenders either foreclosed on the homes or took other action, including granting deeds in lieu of foreclosure or allowing short sales of the properties. Many of the duplexes in Windsor Village later re-sold in 2007 and 2008, generally for amounts between $3,500.00 and $15,000.00.

According to Assistant United States Attorney Susan Heckard Dowd, who prosecuted the case for the government, Circuit Judge Hamilton ordered Roth to serve three years on supervised release following his 43 months of incarceration and also ordered him to pay a total of $1,459,025.97 in restitution to Argent Mortgage Company and Homecomings Financial.

Richmond, Indiana Mortgage Broker Sentenced to 51 Months in Prison for Fraud and Obstructing Justice

INDIANAPOLIS—Kathy Puckett, 47, of Richmond, Ind., was sentenced today to 51 months upon her guilty plea to mail fraud and obstructing justice announced Joseph H. Hogsett, U.S. Attorney, Southern District of Indiana. This followed an investigation by the Richmond Police Department, Indiana Secretary of State Todd Rokita’s Prosecution Assistance Unit, and the Federal Bureau of Investigation, Muncie Office.

Kathy Puckett was a co-owner of Richmond Mortgage and served as its sole mortgage originator. Puckett’s job was to prepare loan documents including loan applications and other documents supporting buyers’ income and ability to pay. Between March 2006 and February 2008, Puckett submitted false information to the lenders including inflated bank account balances, false verifications of employment, false verifications of rent, misrepresenting one borrower’s name to reflect a better credit score, and false gift letters. These actions resulted in fraudulent loans exceeding $200,000. In addition to her mortgage broker fee, Puckett received a yield spread premium fee that was not disclosed to the borrower which represented a fee for a higher interest loan given to the borrower. During the investigation of her mortgage fraud activities, in January 2008, Puckett directed an acquaintance to remove documents from files that were to be turned over to the FBI.

According to Assistant U.S. Attorney Gayle L. Helart, who is prosecuting the case for the government, U.S. District Judge Larry J. McKinney also ordered three years of supervised release following her release from prison.

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May 6, 2011

Investor Sentenced to 27 Months for Role in $4 Million Mortgage Fraud Scheme

PHOENIX—Dustin Thompson, 32, of Phoenix, was sentenced on Monday to 27 months in prison for his involvement in a $4 million mortgage fraud scheme. Thompson pleaded guilty to one count of conspiracy to commit wire fraud, a felony, related to his participation in a two-year conspiracy involving the purchase of 24 properties in Phoenix using fraudulent loan documents. One other co-conspirator was also charged and has pleaded guilty.

“Driven by greed, this defendant schemed the system and engaged in the type of mortgage fraud that has destroyed property values, lending institutions, and entire neighborhoods in our community,” said U.S. Attorney Dennis K. Burke. “This office, along with our partners in the FBI and IRS, is committed to prosecuting those who engage in mortgage fraud and putting them in prison.”

The case against Thompson was based on an investigation by the Internal Revenue Service and Federal Bureau of Investigation. Investigators discovered that from 2005 through June of 2007 Thompson conspired to commit mortgage fraud by submitting fraudulent mortgage loan applications on behalf of straw buyers, under false pretenses. He obtained and disbursed the proceeds of the fraudulently obtained loans, including directing $1.2 million of the proceeds to a bank account under his control. Thompson used the proceeds from the fraud for personal expenses and to finance other “get rich” schemes. Thompson received a reduced sentence due to his early guilty plea and cooperation. The entire conspiracy resulted in a loss to lending institutions of approximately $4 million.

The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution is being handled by Kevin M. Rapp, Assistant U.S. Attorney, District of Arizona, Phoenix.

Fridley Man Sentenced for Defrauding Eight Mortgage Lenders of $1.9 Million

Earlier today in federal court in Minneapolis, a 50-year-old Fridley man was sentenced for defrauding eight mortgage lenders of $1.9 million. United States District Court Judge David S. Doty sentenced Taleb Mohamed Wazwaz to 24 months in prison on one count of conspiracy to commit mortgage fraud through the use of interstate wires. Wazwaz was charged via an information on April 19, 2010, and pleaded guilty on May 4, 2010.

In his plea agreement, Wazwaz admitted conspiring with others between May of 2005 and March of 2006 to defraud mortgage lenders by purchasing or causing others to purchase 12 Minneapolis properties at inflated prices and keeping much of the borrowed money for his own benefit or the benefit of others involved in the scam. To effect that fraud, Wazwaz himself purchased eight properties entirely with borrowed funds. In each instance, Wazwaz borrowed more money than the property’s true asking price, and in some instances, he caused the sellers to sign purchase agreement addenda that obligated them to pay him the differences between the amounts borrowed and the properties’ true asking prices. Those addenda were never disclosed to the lenders.

In three of those instances, Wazwaz induced the title companies to pay Iman Sun Properties, Inc., the difference between the amount borrowed and the property’s true asking price. Wazwaz, the sole owner of Iman Sun Properties, prompted those inducements by including promissory notes in the title files that reflected liabilities owed by the sellers to Iman Sun. In addition, he asserted that various sellers owed Iman Sun substantial sums for “property management.” Both the liability claims and management-fee claims were fictitious.

In some instances, Wazwaz also received down-payment assistance from an unindicted co-conspirator but failed to disclose that fact to potential lenders. Moreover, he often caused lenders to finance his purchases by supplying them with applications containing false information, including that he received rental income; that the property would be his primary residence; and that he had no other mortgage debt.

As a result of this fraud, Wazwaz collected directly or through Iman Sun Properties a total of $784,585.70. Then, after making only a few mortgage payments on these properties, he allowed them to go into default.

Wazwaz committed additional fraud by signing purchase agreements to buy homes from third parties for the true market values, but then he recruited straw buyers to purchase the properties for twice their values. Again the money was borrowed, with the loans being prompted by misrepresentations made by Wazwaz or others at his direction. In addition, Wazwaz induced the title companies involved in these transactions to pay him substantial “assignment fees.” This third-party fraud occurred in no fewer than four instances and resulted in Wazwaz obtaining a total of $1,141,395.80 for his own benefit and the benefit of his co-conspirators and the straw buyers. Again, within several months, the properties lapsed into default.

Specific to the charge filed in this action, Wazwaz caused $442,592.76 to be transferred by wire from a California lender to the bank account of a straw buyer on March 8, 2006. The money was later used to purchase one of the condo units.

This case was the result of an investigation by the Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorney David J. MacLaughlin.

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