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	<title>Mortgage Fraud Blog | Mortgages and fraud and the law, oh my!</title>
	
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	<description>Mortgages and fraud and the law, oh my!</description>
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		<title>Real Estate Investor Admits Rigging Bids at Foreclosure Auctions</title>
		<link>http://feedproxy.google.com/~r/MortgageFraudBlog/~3/ef0zWwQ8ERQ/</link>
		<comments>http://mortgagefraudblog.com/foreclosure-bid-rigger-agrees-to-plead-guilty/#comments</comments>
		<pubDate>Wed, 19 Jun 2013 15:04:36 +0000</pubDate>
		<dc:creator>Allison Tussey</dc:creator>
				<category><![CDATA[Mortgage Fraud]]></category>
		<category><![CDATA[Bid Rigging]]></category>
		<category><![CDATA[California]]></category>

		<guid isPermaLink="false">http://mortgagefraudblog.com/?p=17486</guid>
		<description><![CDATA[Robert Williams, Atherton, California, a real estate investor, has agreed to plead guilty for his role in conspiracies to rig bids and commit mail fraud at public real estate foreclosure auctions in Northern California. Felony charges were filed in the U.S. District Court for the Northern District of California in San Francisco. Williams is the [...]]]></description>
				<content:encoded><![CDATA[<p><span style="color: #0000ff"><strong>Robert Williams</strong></span>, Atherton, California, a real estate investor, has agreed to plead guilty for his role in conspiracies to rig bids and commit mail fraud at public real estate foreclosure auctions in Northern California.</p>
<p><span id="more-17486"></span>Felony <a href="http://mortgagefraudblog.com/wp-content/uploads/2013/06/williamscharged.pdf">charges</a> were filed in the U.S. District Court for the Northern District of California in San Francisco. <span style="color: #0000ff"><strong>Williams</strong> </span>is the 31st individual to plead guilty or agree to plead guilty as a result of ongoing antitrust investigations into bid rigging and fraud at public real estate foreclosure auctions in Northern California.</p>
<p>According to court documents, <span style="color: #0000ff"><strong>Williams</strong></span> conspired with others not to bid against one another but instead to designate a winning bidder to obtain selected properties at public real estate foreclosure auctions in San Mateo County, California. <span style="color: #0000ff"><strong>Williams</strong> </span>was also charged with conspiring to use the mail to carry out schemes to fraudulently acquire title to selected properties sold at public auctions, to make and receive payoffs, and to divert to co-conspirators money that would have otherwise gone to mortgage holders and others.</p>
<p><span style="color: #0000ff"><strong>Williams</strong> </span>conspired with others to rig bids and commit mail fraud at public real estate foreclosure auctions in San Mateo County beginning as early as October 2009 and continuing until about December 2010.</p>
<p>The primary purpose of the conspiracies was to suppress and restrain competition and to conceal payoffs in order to obtain selected real estate offered at San Mateo County public foreclosure auctions at non-competitive prices. When real estate properties are sold at these auctions, the proceeds are used to pay off the mortgage and other debt attached to the property, with remaining proceeds, if any, paid to the homeowner.</p>
<p>A violation of the Sherman Act carries a maximum penalty of 10 years in prison and a $1 million fine for individuals. The maximum fine for the Sherman Act charge may be increased to twice the gain derived from the crime or twice the loss suffered by the victims if either amount is greater than $1 million. A count of conspiracy to commit mail fraud carries a maximum sentence of 30 years in prison and a $1 million fine. The government can also seek to forfeit the proceeds earned from participating in the conspiracy to commit mail fraud.</p>
<p>The Department of Justice announced the guilty plea.</p>
<p>The charges are the latest filed by the department in its ongoing investigation into bid rigging and fraud at public real estate foreclosure auctions in San Francisco, San Mateo, Contra Costa, and Alameda Counties, California. These investigations are being conducted by the Antitrust Division’s San Francisco Office and the FBI’s San Francisco Field Office. Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions should contact the Antitrust Division’s San Francisco Field Office at 415-436-6660, visit www.justice.gov/atr/contact/newcase.htm, or call the FBI tips line at 415-553-7400.</p>
<p><em>“Collusion at these foreclosure auctions enabled the conspirators to present the illusion of competition, when they were actually thwarting the competitive process and profiting at the expense of lenders and distressed homeowners,”</em> said Bill Baer, Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. <em>“The division remains committed to holding accountable those who illegally subvert competition at real estate foreclosure auctions across the country.”</em></p>
<p><em>“The legitimacy of an open, public real estate foreclosure auction is compromised when an individual or group conspires to commit criminal activity which impacts genuine intentions of good citizens,”</em> said David J. Johnson, FBI Special Agent in Charge of the San Francisco Field Office. <em>“We are steadfast in our continued partnership with the Antitrust Division in bringing those criminally responsible to justice.”</em></p>]]></content:encoded>
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		<title>Man Pleads Guilty to Taking Funds Intended to Pay Off Mortgages</title>
		<link>http://feedproxy.google.com/~r/MortgageFraudBlog/~3/rewOYLUGETs/</link>
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		<pubDate>Wed, 19 Jun 2013 05:38:17 +0000</pubDate>
		<dc:creator>Allison Tussey</dc:creator>
				<category><![CDATA[Mortgage Fraud]]></category>
		<category><![CDATA[Investment Scams]]></category>
		<category><![CDATA[New Jersey]]></category>

		<guid isPermaLink="false">http://mortgagefraudblog.com/?p=17468</guid>
		<description><![CDATA[Ryan E. Bird, a/k/a Chris Jackson, a/k/a Matthew Bross, 35, Clementon, New Jersey, a former employee of The Vacation Ownership Group LLC, admitted to conspiring to defraud owners of timeshare properties. The defendant pleaded guilty before U.S. District Court Judge Noel L. Hillman in federal court to an information charging him with one count of [...]]]></description>
				<content:encoded><![CDATA[<p><span style="color: #0000ff"><strong>Ryan E. Bird</strong></span>, a/k/a <span style="color: #0000ff"><strong>Chris Jackson</strong></span>, a/k/a <span style="color: #0000ff"><strong>Matthew Bross</strong></span>, 35, Clementon, New Jersey, a former employee of <span style="color: #0000ff"><strong>The Vacation Ownership Group LLC</strong></span>, admitted to conspiring to defraud owners of timeshare properties.</p>
<p><span id="more-17468"></span>The defendant pleaded guilty before U.S. District Court Judge Noel L. Hillman in federal court to an information charging him with one count of conspiracy to commit mail and wire fraud and one count of wire fraud.</p>
<p>According to documents filed in this case, the <a href="http://mortgagefraudblog.com/wp-content/uploads/2013/06/birdplea.pdf">plea</a> agreement and statements made in court:</p>
<p><span style="color: #0000ff"><strong>The Vacation Ownership Group</strong></span>, a/k/a <span style="color: #0000ff"><strong>VO Group LLC</strong></span>, purported to offer consulting services to owners of timeshares, including timeshare cancellation services. In April 2010, <span style="color: #0000ff"><strong>Bird</strong></span> started working at the <span style="color: #0000ff"><strong>VO Group</strong></span> and was trained by <span style="color: #0000ff"><strong>Adam Lacerda</strong></span> and <span style="color: #0000ff"><strong>VO Group</strong></span> managers to call customers using prepared scripts. <span style="color: #0000ff"><strong>Bird</strong> </span>would call customers and give them the false impression that he was working for a bank or lending institution. <span style="color: #0000ff"><strong>Bird</strong> </span>then would falsely represent that the <span style="color: #0000ff"><strong>VO Group</strong></span> could pay off the customers’ timeshares or have their timeshares cancelled. After hearing <span style="color: #0000ff"><strong>Bird</strong></span>’s false representations, some customers sent checks to the <span style="color: #0000ff"><strong>VO Group. Bird</strong></span> admitted to causing more than $200,000 in losses.</p>
<p><span style="color: #0000ff"><strong>Bird</strong> </span>also admitted to devising a separate scheme to defraud the New Jersey Department of Labor by collecting unemployment compensation benefits while working at the <span style="color: #0000ff"><strong>VO Group</strong></span>. <span style="color: #0000ff"><strong>Bird</strong> </span>pleaded guilty to a count charging him with applying for and collecting $18,104 in unemployment compensation benefits to which he was not entitled.</p>
<p>On January 23, 2013, other members of the <span style="color: #0000ff"><strong>VO Group</strong></span> were charged in a superseding indictment with conspiracy to commit mail and wire fraud and other charges. Additional members of the <span style="color: #0000ff"><strong>VO Group</strong> </span>were also charged by criminal complaint in April 2012. To date, 13 members of the <span style="color: #0000ff"><strong>VO Group</strong></span>, including <span style="color: #0000ff"><strong>Bird</strong></span>, have pleaded guilty to conspiring to commit mail fraud and wire fraud. As for the <span style="color: #0000ff"><strong>Lacerdas</strong></span> and other defendants who have not been convicted in this case, the charges and allegations against them are merely accusations, and they are considered innocent unless and until proven guilty.</p>
<p>The mail and wire fraud conspiracy charge to which <span style="color: #0000ff"><strong>Bird</strong> </span>pleaded guilty is punishable by a maximum potential penalty of 20 years in prison and a $250,000 fine or twice the gain or loss caused by the offense. The wire fraud charged is punishable by a maximum of 20 years in prison and a $250,000 fine or twice the gain or loss caused by the offense. Sentencing is scheduled for October 3, 2013.</p>
<p>U.S. Attorney Paul J. Fishman announced the guilty plea.</p>
<p>U.S. Attorney Fishman credited special agents from the FBI’s Atlantic City Resident Agency, under the direction of Special Agent in Charge Aaron T. Ford in Newark; and special agents from the Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Special Agent in Charge Robert Panella, New York Region, for their roles in the investigation leading to these guilty pleas. He also thanked the New Jersey Department of Labor, Benefit Payment Control Unit, for its assistance.</p>
<p>The government is represented by Assistant U.S. Attorneys Alyson M. Oswald and R. David Walk, Jr. of the U.S. Attorney’s Office Criminal Division in Camden.</p>]]></content:encoded>
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		<title>Mortgage Broker Sentenced for Preparing False Loan Applications</title>
		<link>http://feedproxy.google.com/~r/MortgageFraudBlog/~3/OQQhVt6dBwc/</link>
		<comments>http://mortgagefraudblog.com/mortgage-broker-sentenced-for-preparing-false-loan-applications/#comments</comments>
		<pubDate>Wed, 19 Jun 2013 00:44:46 +0000</pubDate>
		<dc:creator>Allison Tussey</dc:creator>
				<category><![CDATA[Mortgage Fraud]]></category>

		<guid isPermaLink="false">http://mortgagefraudblog.com/?p=17471</guid>
		<description><![CDATA[Derrick Ivan Lance, 41, Edina, Minnesota, a mortgage broker, was sentenced for his role in a $20 million mortgage fraud scheme that involved 57 properties. The defendant was sentenced by  United States District Court Judge Joan N. Ericksen to 46 months imprisonment followed by three years of supervised release on one count of conspiracy to commit [...]]]></description>
				<content:encoded><![CDATA[<p><span style="color: #0000ff"><strong>Derrick Ivan Lance</strong></span>, 41, Edina, Minnesota, a mortgage broker, was sentenced for his role in a $20 million mortgage fraud scheme that involved 57 properties.</p>
<p><span id="more-17471"></span>The defendant was <a href="http://mortgagefraudblog.com/wp-content/uploads/2013/06/lancesentence.pdf">sentenced</a> by  United States District Court Judge Joan N. Ericksen to 46 months imprisonment followed by three years of supervised release on one count of conspiracy to commit wire fraud. <span style="color: #0000ff"><strong>Lance</strong></span> was charged on July 22, 2011, and pleaded guilty on August 10, 2011.</p>
<p>In his plea agreement, <span style="color: #0000ff"><strong>Lance</strong></span> admitted that between 2004 and 2007, he conspired with others to obtain mortgage loan proceeds based on fraudulent documentation. <span style="color: #0000ff"><strong>Lance</strong></span>’s unnamed co-conspirators identified residential properties available for purchase and recruited buyers for those properties. Two of the co-conspirators told buyers they would receive payments in the form of kickbacks after the property transactions had closed, and that they could put those payments toward the mortgages or use them to improve the properties.</p>
<p>For his part, <span style="color: #0000ff"><strong>Lance</strong></span> admitted using his licensed mortgage brokerage and his position within that brokerage to help prepare and submit false mortgage loan applications, which misrepresented the buyers’ true financial situation. Based on those fraudulent documents, loans were approved, and loan proceeds were disbursed by wire transfer into the accounts of various title companies. Due to paperwork that misrepresented the true nature of the real estate transactions, <span style="color: #0000ff"><strong>Lance</strong></span> and his co-conspirators then caused those title companies to disburse portions of the proceeds from the various transactions into bank accounts not associated with the property buyers, the purpose being to conceal the undisclosed kickbacks. <span style="color: #0000ff"><strong>Lance</strong></span> received more than $200,000 for assisting buyers in securing mortgage loans for at least 24 properties.</p>
<p>This case was the result of an investigation by the Federal Bureau of Investigation. It was prosecuted by Assistant U.S. Attorney Tracy L. Perzel.</p>]]></content:encoded>
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		<title>Former School Superintendent Charged with Mortgage Fraud</title>
		<link>http://feedproxy.google.com/~r/MortgageFraudBlog/~3/koj32GzMj70/</link>
		<comments>http://mortgagefraudblog.com/former-school-superintendent-charged-with-mortgage-fraud/#comments</comments>
		<pubDate>Wed, 19 Jun 2013 00:13:33 +0000</pubDate>
		<dc:creator>Allison Tussey</dc:creator>
				<category><![CDATA[Mortgage Fraud]]></category>
		<category><![CDATA[Loan App. Misreps]]></category>
		<category><![CDATA[New Jersey]]></category>

		<guid isPermaLink="false">http://mortgagefraudblog.com/?p=17465</guid>
		<description><![CDATA[James F. Habel, 56, Dunedin, Florida, previously of Point Pleasant Beach, New Jersey, a former school district superintendent is named in a pair of indictments by a Monmouth County, New Jersey, grand jury charging him with various schemes, including mortgage fraud totaling more than $1 million. The defendant&#8217;s other schemes were aimed at fleecing the [...]]]></description>
				<content:encoded><![CDATA[<p><span style="color: #0000ff"><strong>James F. Habel</strong></span>, 56, Dunedin, Florida, previously of Point Pleasant Beach, New Jersey, a former school district superintendent is named in a pair of indictments by a Monmouth County, New Jersey, grand jury charging him with various schemes, including mortgage fraud totaling more than $1 million.</p>
<p><span id="more-17465"></span>The defendant&#8217;s other schemes were aimed at fleecing the school district of more than $360,000 in fraudulently obtained vacation time payouts.  <span style="color: #0000ff"><strong>Habel</strong> </span>is charged in the first indictment with second degree Official Misconduct, second degree Theft by Deception, 2 counts of second degree Mortgage Fraud, first degree Financial Facilitation of Criminal Activity, third degree Theft by Failure to Make Required Disposition of Property, and 8 counts of Falsifying or Tampering with Records.</p>
<p>The second indictment attaches <span style="color: #0000ff"><strong>Habel</strong></span> to the previous indictment handed up against his former assistant in the Wall Township school district, <span style="color: #0000ff"><strong>Sandra Brower</strong></span>, charging him with second degree Official Misconduct, second degree Conspiracy and fourth degree Obstructing the Administration of Law or Other Governmental Function.</p>
<p>The first indictment charges that <span style="color: #0000ff"><strong>Habel</strong></span> carried out a scheme to defraud the district of approximately $362,000 when he failed to notify the district of his absence and properly account for about 110 days when he was absent and outside the district, oftentimes on Fridays and Mondays. Upon retirement, <span style="color: #0000ff"><strong>Habel</strong></span> was paid approximately $93,000 for the 110 vacation days he never deducted from his accrued vacation balance.</p>
<p>As a separate and additional part of the scheme, <span style="color: #0000ff"><strong>Habel</strong> </span>repeatedly cashed in vacation days and deposited the proceeds into tax-deferred accounts, yet failed to deduct the cashed-in vacation days from his accrued vacation balance. As a result, on several occasions during his tenure, <span style="color: #0000ff"><strong>Habel</strong></span> was the beneficiary of double-dipped payments of approximately $268,000 when his vacation balance was carrying in the negative.</p>
<p>As a further part of his scheme, <span style="color: #0000ff"><strong>Habel</strong></span> attempted to conceal his criminal activity by thwarting attempts by school district human resources officials to accurately record his attendance, directing subordinates to delete and destroy records that accurately accounted for his vacation day cash-ins and balance, and directing the district Information Technology (IT) director to delete certain e-mails from the school district’s computer server &#8212; an order that was disregarded. <span style="color: #0000ff"><strong>Habel</strong></span> also is charged with shredding, destroying or removing files from his office, all in an effort to conceal his criminal conduct.</p>
<p>Additionally, the first indictment charges <span style="color: #0000ff"><strong>Habel</strong> </span>with two counts of theft, totaling more than $1 million, for committing mortgage fraud in acquiring loans to refinance his <span style="color: #ff0000"><strong>Point Pleasant  Beach, New Jersey</strong></span>, and <span style="color: #ff0000"><strong>Florida</strong></span> homes; as well as one count of theft of district-issued electronic equipment, including a personal computer, flat-panel monitor, laptop computer, cellular phone and iPad.</p>
<p style="text-align: justify">The last eight counts charge <span style="color: #0000ff"><strong>Habel</strong></span> with 8 counts of falsifying or tampering with records, all in an effort to carry out or conceal the aforementioned criminal activity.</p>
<p>The first degree Financial Facilitation of Criminal Activity charge comes with a mandatory minimum exposure of no less than 10 years in state prison, if convicted; and there is a mandatory minimum required sentence of five years in prison, if he is convicted on the second degree Official Misconduct charge.</p>
<p>If convicted, <span style="color: #0000ff"><strong>Habel</strong></span> would face 10-20 years in a New Jersey state prison for the first degree offense; 5-10 years on each of the second degree offenses; 3-5 years on the third degree charges and up to 18 months for each of the fourth degree charges.</p>
<p>Acting Monmouth County Prosecutor Christopher J. Gramiccioni announced the charges.</p>
<p>This case is being prosecuted by Acting Monmouth County Prosecutor Christopher J. Gramiccioni and Assistant Prosecutor John Loughrey. The defendant is represented by Robert Honeker, Jr., Esq. of Ocean Township.</p>]]></content:encoded>
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		<title>6 Indicted for Scam Involving Inflated Appraisals and Kickbacks</title>
		<link>http://feedproxy.google.com/~r/MortgageFraudBlog/~3/ag7zQEcQzV0/</link>
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		<pubDate>Tue, 18 Jun 2013 15:10:46 +0000</pubDate>
		<dc:creator>Allison Tussey</dc:creator>
				<category><![CDATA[Mortgage Fraud]]></category>
		<category><![CDATA[Appraisal Fraud]]></category>
		<category><![CDATA[False Documents]]></category>
		<category><![CDATA[Maryland]]></category>
		<category><![CDATA[Straw Buyer]]></category>

		<guid isPermaLink="false">http://mortgagefraudblog.com/?p=17460</guid>
		<description><![CDATA[A federal grand jury has indicted six defendants in a mortgage fraud conspiracy in which lenders provided over $3.5 million for fraudulently obtained loans. Edgar Tibakweitira, a/k/a Edgar Julian, Charles Edgar Tibakweitira, and Edgar Gaudious Tibakweitira, 44, Severn, Maryland; Flavia Makundi, 41, Severn, Maryland; Carmen Johnson, 46, Gambrills, Maryland; Mokorya Cosmas Wambura, 40, Mount Ranier, [...]]]></description>
				<content:encoded><![CDATA[<p>A federal grand jury has indicted six defendants in a mortgage fraud conspiracy in which lenders provided over $3.5 million for fraudulently obtained loans.</p>
<p><span style="color: #0000ff"><strong><span id="more-17460"></span>Edgar Tibakweitira</strong></span>, a/k/a <span style="color: #0000ff"><strong>Edgar Julian</strong></span>, <span style="color: #0000ff"><strong>Charles Edgar Tibakweitira</strong></span>, and <span style="color: #0000ff"><strong>Edgar Gaudious Tibakweitira</strong></span>, 44, Severn, Maryland;</p>
<p><span style="color: #0000ff"><strong>Flavia Makundi</strong></span>, 41, Severn, Maryland;</p>
<p><span style="color: #0000ff"><strong>Carmen Johnson</strong></span>, 46, Gambrills, Maryland;</p>
<p><span style="color: #0000ff"><strong>Mokorya Cosmas Wambura</strong></span>, 40, Mount Ranier, Maryland;</p>
<p><span style="color: #0000ff"><strong>Cane Mwihava</strong></span>, 42, Bowie, Maryland; and</p>
<p><span style="color: #0000ff"><strong>Annika Boas</strong></span>, 36, Mount Ranier, Maryland.</p>
<p>The indictment was returned on June 10, 2013, and the last defendant, <span style="color: #0000ff"><strong>Wambura</strong></span>, was arrested June 17, 2013.</p>
<p>According to the 21 count indictment, <span style="color: #0000ff"><strong>Tibakweitira</strong></span> was a real estate agent for <span style="color: #0000ff"><strong>Century 21 Advantage Realty</strong></span> and its successor, <span style="color: #0000ff"><strong>Elite Real Estate Group. Tibakweitira</strong></span> recruited his wife <span style="color: #0000ff"><strong>Makundi</strong></span>, and others, including <span style="color: #0000ff"><strong>Wambura, Mwihava</strong></span> and <span style="color: #0000ff"><strong>Boas</strong></span>, to act as straw purchasers of homes. <span style="color: #0000ff"><strong>Johnson</strong></span> owned <span style="color: #0000ff"><strong>CJ Lending</strong></span> and <span style="color: #0000ff"><strong>Able Estate &amp; Company</strong></span> which provided credit repair services.</p>
<p>The indictment alleges that from March 2007 to November 2008, the defendants sought mortgages for properties at values in excess of the properties’ actual market values. <span style="color: #0000ff"><strong>Tibakweitira</strong></span> allegedly procured inflated appraisals and created false addendums to the sales contracts requiring large amounts of loan proceeds to be disbursed for renovations or repairs. The defendants allegedly used stolen or false identities, false documents – including W-2 forms, earnings statements, and bank statements – and false credit information to induce lenders to provide residential mortgage loans to the straw buyers.</p>
<p>Large amounts of the proceeds of the fraudulently obtained loans were allegedly disbursed from escrow accounts to <span style="color: #0000ff"><strong>Destiny Property Management, LLC</strong></span> and <span style="color: #0000ff"><strong>Destiny Property Management Company</strong></span>, which were shell companies owned by <span style="color: #0000ff"><strong>Tibakweitira</strong></span>, for repairs and renovations that were never made. These funds were in turn paid to the defendants. The defendants did not make or stopped making the mortgage payments and allowed the properties, including 10 properties located in <span style="color: #ff0000"><strong>Severna Park, Baltimore, Hyattsville</strong></span> and <span style="color: #ff0000"><strong>Silver Spring, Maryland</strong></span>, to go into foreclosure.</p>
<p>The indictment alleges that as a result of the conspiracy, lenders provided over $3.5 million for fraudulently obtained loans, which resulted in losses of over $1 million to the lenders, the Federal Housing Administration which insured some of the loans, and the Federal National Mortgage Corporation (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac), who purchased some of the loans in the secondary mortgage market.</p>
<p>All of the defendants face a maximum sentence of 30 years in prison and a $1 million fine for the conspiracy and wire fraud; and a mandatory minimum of two years for aggravated identity theft consecutive to any other sentence. The defendants have had their initial appearances in federal court in Greenbelt. <span style="color: #0000ff"><strong>Tibakweitira, Makundi</strong></span> and <span style="color: #0000ff"><strong>Boas</strong></span> are currently detained and <span style="color: #0000ff"><strong>Johnson</strong></span> and <span style="color: #0000ff"><strong>Mwihava</strong></span> were released. A hearing is scheduled for <span style="color: #0000ff"><strong>Wambura</strong></span> regarding his detention.</p>
<p>The indictment was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Inspector General David A. Montoya, U.S. Department of Housing and Urban Development; Inspector General Steve A. Linick of the Federal Housing Finance Agency Office of Inspector General; Special Agent in Charge Thomas J. Kelly of the Internal Revenue Service &#8211; Criminal Investigation, Washington, D.C. Field Office; Special Agent in Charge David Beach of the United States Secret Service – Washington Field Office; Brian Crane, Assistant Inspector General for Investigations, U.S. Department of the Treasury &#8211; Office of Inspector General; and Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) .</p>
<p>United States Attorney Rod J. Rosenstein praised HUD-OIG, FHFA-OIG, Treasury OIG, U.S. Secret Service, IRS-Criminal Investigation and Baltimore HSI for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Kristi N. O’Malley and Special Assistant U.S. Attorney Kevin DiGregory, Investigative Counsel for the Federal Housing Finance Agency Inspector General, who are prosecuting the case.</p>]]></content:encoded>
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		<title>Mortgage Broker Admits Submitting False Loan Applications to Lenders</title>
		<link>http://feedproxy.google.com/~r/MortgageFraudBlog/~3/3Y7Y8xof8_c/</link>
		<comments>http://mortgagefraudblog.com/17446/#comments</comments>
		<pubDate>Tue, 18 Jun 2013 00:27:54 +0000</pubDate>
		<dc:creator>Allison Tussey</dc:creator>
				<category><![CDATA[Mortgage Fraud]]></category>
		<category><![CDATA[Connecticut]]></category>
		<category><![CDATA[Loan App. Misreps]]></category>

		<guid isPermaLink="false">http://mortgagefraudblog.com/?p=17446</guid>
		<description><![CDATA[Charmaine Davis, 54, Waterbury, Connecticut, a mortgage broker, admitted her role in obtaining more than $1 million in fraudulent mortgages for properties in New Haven, Connecticut, The defendant pleaded guilty before U.S. District Judge Janet C. Hall in Bridgeport federal court to an information charging her with one count of making a false statement on [...]]]></description>
				<content:encoded><![CDATA[<p><span style="color: #0000ff"><strong>Charmaine Davis</strong></span>, 54, Waterbury, Connecticut, a mortgage broker, admitted her role in obtaining more than $1 million in fraudulent mortgages for properties in <span style="color: #ff0000"><strong>New Haven, Connecticut</strong></span>,</p>
<p><span id="more-17446"></span>The defendant pleaded guilty before U.S. District Judge Janet C. Hall in Bridgeport federal court to an <a href="http://mortgagefraudblog.com/wp-content/uploads/2013/06/davisinfo.pdf">information</a> charging her with one count of making a false statement on a loan application.</p>
<p>According to court documents filed in this case and related cases and statements made in court:</p>
<p><span style="color: #0000ff"><strong>Davis</strong></span> owned and operated <span style="color: #0000ff"><strong>Optimum Mortgage</strong></span>, New Haven. From November 2006 to April 2007, she submitted loan applications to lenders that falsely stated the borrower’s intention to reside in the subject property, failed to disclose a complete listing of the borrower’s assets and liabilities, including other residential mortgages that <span style="color: #0000ff"><strong>Davis</strong></span> brokered for the same borrower. <span style="color: #0000ff"><strong>Davis</strong></span> admitted that on two occasions she used her own money to make the down payment on behalf of the borrower.</p>
<p>The count to which <span style="color: #0000ff"><strong>Davis</strong></span> pleaded guilty is punishable by a maximum potential penalty of 30 years in prison and a fine of $1.2 million. As part of her plea agreement, <span style="color: #0000ff"><strong>Davis</strong> </span>agreed to pay at least $605,300 in restitution. Judge Hall has scheduled sentencing for Sept. 6, 2013.</p>
<p>This case is being investigated by the FBI, the U.S. Postal Inspection Service, the U.S. Department of Housing and Urban Development – Office of Inspector General, and the Federal Housing Finance Agency – Office of Inspector General.</p>
<p>The criminal case is being prosecuted by Assistant U.S. Attorney David T. Huang and Special Assistant U.S. Attorney John McReynolds; the parallel civil forfeiture cases are being handled by Assistant U.S. Attorney Julie G. Turbert.</p>
<p>U.S. Attorney Paul J. Fishman, District of New Jersey, announced the guilty plea.</p>
<p>The U.S. Attorney for the District of New Jersey has been handling the case because of the recusal of the U.S. Attorney’s Office for the District of Connecticut.</p>]]></content:encoded>
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		<title>Foreclosure Rescuers Jailed for Defrauding Lenders and Homeowners</title>
		<link>http://feedproxy.google.com/~r/MortgageFraudBlog/~3/mfrZG_mlaxg/</link>
		<comments>http://mortgagefraudblog.com/foreclosure-rescuers-jailed-for-defrauding-lenders-and-homeowners/#comments</comments>
		<pubDate>Tue, 18 Jun 2013 00:03:05 +0000</pubDate>
		<dc:creator>Allison Tussey</dc:creator>
				<category><![CDATA[Mortgage Fraud]]></category>
		<category><![CDATA[Foreclosure Rescue]]></category>
		<category><![CDATA[Ohio]]></category>

		<guid isPermaLink="false">http://mortgagefraudblog.com/?p=17453</guid>
		<description><![CDATA[Adam P. Moellers, 35, Mason, Ohio, was sentenced to 36 months in prison and Gary P. Dailey, aka Gary Klump, 33, Covington, Kentucky, was sentenced to 21 months in prison in U.S. District Court for engaging in a foreclosure rescue scheme through a company called American Equity Group (AEG). A third defendant, Perry Bensick, 37, [...]]]></description>
				<content:encoded><![CDATA[<p><span style="color: #0000ff"><strong>Adam P. Moellers</strong></span>, 35, Mason, Ohio, was sentenced to 36 months in prison and <span style="color: #0000ff"><strong>Gary P. Dailey</strong></span>, aka <span style="color: #0000ff"><strong>Gary Klump</strong></span>, 33, Covington, Kentucky, was sentenced to 21 months in prison in U.S. District Court for engaging in a foreclosure rescue scheme through a company called <span style="color: #0000ff"><strong>American Equity Group</strong></span> (<span style="color: #0000ff"><strong>AEG</strong></span>).</p>
<p><span id="more-17453"></span>A third defendant, <span style="color: #0000ff"><strong>Perry Bensick</strong></span>, 37, Monroe, Ohio was sentenced on May 21 for his role in the scheme to a year and a day in prison. Each will be placed under court supervision for three years after their prison terms end.</p>
<p><span style="color: #0000ff"><strong>AEG</strong></span> approached homeowners in financial distress with promises to find a buyer for their property who would let them stay there as renters until they were ready to buy it back. <span style="color: #0000ff"><strong>AEG</strong></span> convinced individuals to become investors by promising them they could buy a property with no money down, collect rent for a year or two then sell it back to the renter for a profit. <span style="color: #0000ff"><strong>AEG</strong></span> inflated the sale price, put together fraudulent loan applications, and took out extra cash at closing. The renters never purchased the properties back and the investors couldn’t afford to keep them.</p>
<p><em>“As a result, the properties went into foreclosure with even larger loan balances and with investors/borrowers who did not appreciate the risk that they had undertaken,”</em> Assistant U.S. Attorney Timothy Mangan wrote in a court filing before Dailey’s sentencing.</p>
<p>The FBI calculated that in 2006 and 2007, the scheme caused losses of $6,849,460 to lenders. The defendants will be ordered to pay restitution in an amount to be determined by the court.</p>
<p><em>“The lenders were not the only victims,”</em> Assistant U.S. Attorney Mangan told the court. <em>“For the investors, they typically ended in bankruptcy or with ruined credit in exchange for a rescue plan by AEG that was doomed to fail.”</em></p>
<p><span style="color: #0000ff"><strong>Moellers</strong></span> pleaded guilty on August 9, 2012 to one count of conspiracy. <span style="color: #0000ff"><strong>Dailey</strong></span> pleaded guilty on June 4, 2012 to one count of wire fraud. <span style="color: #0000ff"><strong>Besnick</strong></span> pleaded guilty on August 6, 2012 to one count of conspiracy.</p>
<p>Carter M. Stewart, United States Attorney for the Southern District of Ohio and Kevin Cornelius, Special Agent in Charge, Federal Bureau of Investigation, Cincinnati Field Division (FBI) announced the sentences imposed by U.S. District Judge Michael Barrett.</p>
<p>U.S. Attorney Stewart commended the investigation by the FBI and Assistant U.S. Attorney Mangan, who represented the United States in the case.</p>]]></content:encoded>
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		<title>2 Weeks After Mortgage Fraud Conviction, Defendant Charged Again</title>
		<link>http://feedproxy.google.com/~r/MortgageFraudBlog/~3/Fi5ZOMRwvDs/</link>
		<comments>http://mortgagefraudblog.com/2-weeks-after-mortgage-fraud-conviction-defendant-charged-again/#comments</comments>
		<pubDate>Mon, 17 Jun 2013 03:06:23 +0000</pubDate>
		<dc:creator>Allison Tussey</dc:creator>
				<category><![CDATA[Mortgage Fraud]]></category>
		<category><![CDATA[Equity Stripping]]></category>
		<category><![CDATA[Pennsylvania]]></category>

		<guid isPermaLink="false">http://mortgagefraudblog.com/?p=17436</guid>
		<description><![CDATA[Charles Christopher Head, 36, Pittsburg, Pennsylvania, two weeks after being convicted at trial in Sacramento in a huge mortgage fraud case, was arrested in Pennsylvania and charged with a new crime. Head and three others were arrested by detectives from the Moon Township Police on Wednesday, June 12, 2013 during a prostitution sting at an [...]]]></description>
				<content:encoded><![CDATA[<p><span style="color: #0000ff"><strong>Charles Christopher Head</strong></span>, 36, Pittsburg, Pennsylvania, two weeks after being convicted at trial in Sacramento in a huge mortgage fraud case, was arrested in Pennsylvania and charged with a new crime. <span style="color: #0000ff"><strong>Head</strong></span> and three others were arrested by detectives from the Moon Township Police on Wednesday, June 12, 2013 during a prostitution sting at an airport area hotel.</p>
<p><span id="more-17436"></span><span style="color: #0000ff"><strong>Head</strong></span> was charged with promoting prostitution, criminal conspiracy, and possessing instruments of a crime. He is in custody in the Allegheny County Jail.</p>
<p>A petition was filed in federal court in the Eastern District of California asking that a no bail bench warrant be issued for the defendant.</p>
<p>On May 30, 2013, after a nearly four-week trial, a federal jury in Sacramento, California, found <span style="color: #0000ff"><strong>Charles Head</strong></span>, formerly of Los Angeles, and his brother guilty of conspiracy to commit mail fraud in connection with a nationwide “foreclosure rescue” scam. According to evidence presented at trial, <span style="color: #0000ff"><strong>Charles Head</strong></span> was the leader of a scam that, between January 2004 and March 2006, netted more than $15 million in fraudulently obtained funds from scores of homeowners, many of whom were in California.</p>
<p>After the jury verdict, <span style="color: #0000ff"><strong>Head</strong></span> was allowed to remain out of custody. The court advised of the penalties for any failure to appear and that any violation, even a technical violation, would be brought to the court&#8217;s attention.</p>
<p><span style="color: #0000ff"><strong>Charles Head</strong></span> is scheduled for a second trial on September 9, 2013 with six other defendants, who are charged with operating an additional equity-stripping scheme that netted approximately $5.9 million in stolen equity from homeowners recruited via the Internet. <span style="color: #0000ff"><strong>Head</strong></span> and the other defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.</p>]]></content:encoded>
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		<title>Owner of Mortgage Brokerage Sentenced for Straw Buyer Scam</title>
		<link>http://feedproxy.google.com/~r/MortgageFraudBlog/~3/6e7P9YfncH4/</link>
		<comments>http://mortgagefraudblog.com/owner-of-mortgage-brokerage-sentenced-for-straw-buyer-scam/#comments</comments>
		<pubDate>Mon, 17 Jun 2013 00:13:07 +0000</pubDate>
		<dc:creator>Allison Tussey</dc:creator>
				<category><![CDATA[Mortgage Fraud]]></category>
		<category><![CDATA[California]]></category>
		<category><![CDATA[Straw Buyer]]></category>

		<guid isPermaLink="false">http://mortgagefraudblog.com/?p=17439</guid>
		<description><![CDATA[Amy Nicole Schloemann, aka Amy Kinney, 36, Vallejo, California, was sentenced this week to 36 months in prison and ordered to pay $5,805,902 in restitution for her role in a real-estate related wire fraud conspiracy. Schloemann pleaded guilty on August 22, 2012, to conspiracy to commit wire fraud, in violation of 18 United States Code [...]]]></description>
				<content:encoded><![CDATA[<p><span style="color: #0000ff"><strong>Amy Nicole Schloemann</strong></span>, aka <span style="color: #0000ff"><strong>Amy Kinney</strong></span>, 36, Vallejo, California, was sentenced this week to 36 months in prison and ordered to pay $5,805,902 in restitution for her role in a real-estate related wire fraud conspiracy.</p>
<p><span id="more-17439"></span><span style="color: #0000ff"><strong>Schloemann</strong></span> pleaded guilty on August 22, 2012, to conspiracy to commit wire fraud, in violation of 18 United States Code Section 1349. According to court documents, <span style="color: #0000ff"><strong>Schloemann</strong></span> was the president of <span style="color: #0000ff"><strong>Hiddenbrooke Mortgage Company</strong></span>, a real estate and mortgage brokerage company in operation from 2005 through 2007 in Vallejo, California. Between 2006 and July 2007, <span style="color: #0000ff"><strong>Schloemann</strong></span> conspired with others to purchase more than 18 properties in the Northern and Eastern Districts of California in the names of fictitious identities and using straw buyers. As part of the conspiracy <span style="color: #0000ff"><strong>Schloemann</strong></span> supervised others who processed loan packages with materially false information, including contracts that reflected inflated sales prices above the original sales prices.</p>
<p>The purchase loans, which were 100% financed, exceeded the sales prices received by the sellers. The excess amounts from the loan proceeds, or “profits” from the transactions, were dispersed through escrow to entities controlled in part by<span style="color: #0000ff"><strong> Schloemann</strong></span>. All but a few of the properties involved in the conspiracy were foreclosed due to the failure to make mortgage payments. The lenders sustained significant losses as a result of the fraud.</p>
<p><span style="color: #0000ff"><strong>Schloemann</strong></span> was indicted by a federal grand jury on October 9, 2009. She was charged with conspiracy to commit wire fraud, wire fraud, and money laundering.</p>
<p>The sentence was handed down by U.S. District Court Judge Phyllis J. Hamilton, following the defendant’s guilty plea. Judge Hamilton also sentenced the defendant to a 3-year period of supervised release. <span style="color: #0000ff"><strong>Schloemann</strong></span>, who has been out of custody on bond since November 2009, will begin serving her sentence on July 29, 2013.</p>
<p>United States Attorney Melinda Haag announced the <a href="http://mortgagefraudblog.com/wp-content/uploads/2013/06/Schloemannsentenced.pdf">sentence</a>.</p>
<p>Assistant U.S. Attorney Christina Marie McCall is the attorney who prosecuted the case with the assistance of Noble Hughes and Kathleen Turner. The prosecution is the result of an investigation by the IRS-Criminal Investigation with the assistance of the Alameda County District Attorney’s Office and the Federal Bureau of Investigation.</p>
<p>&nbsp;</p>]]></content:encoded>
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		<title>Woman Sentenced for Facilitating False Mortgage Application</title>
		<link>http://feedproxy.google.com/~r/MortgageFraudBlog/~3/bmryMEB0CJg/</link>
		<comments>http://mortgagefraudblog.com/woman-sentenced-for-facilitating-false-mortgage-loan-application/#comments</comments>
		<pubDate>Fri, 14 Jun 2013 14:12:35 +0000</pubDate>
		<dc:creator>Allison Tussey</dc:creator>
				<category><![CDATA[Mortgage Fraud]]></category>
		<category><![CDATA[Loan App. Misreps]]></category>
		<category><![CDATA[Wisconsin]]></category>

		<guid isPermaLink="false">http://mortgagefraudblog.com/?p=17428</guid>
		<description><![CDATA[Becky Lynn Ring, formerly known as Becky Lynn Stoltenberg, 38, Madison, Wisconsin, was sentenced by U.S. District Judge Barbara B. Crabb to 12 months probation and ordered to pay $336,100 in restitution for her role in a mortgage fraud scheme. Stoltenberg was the former owner of JC Mortgage, Madison, Wisconsin. She devised a scheme to [...]]]></description>
				<content:encoded><![CDATA[<p><span style="color: #0000ff"><strong>Becky Lynn Ring</strong></span>, formerly known as <span style="color: #0000ff"><strong>Becky Lynn Stoltenberg</strong></span>, 38, Madison, Wisconsin, was sentenced by U.S. District Judge Barbara B. Crabb to 12 months probation and ordered to pay $336,100 in restitution for her role in a mortgage fraud scheme.</p>
<p><span id="more-17428"></span><span style="color: #0000ff"><strong>Stoltenberg</strong> </span>was the former owner of <span style="color: #0000ff"><strong>JC Mortgage</strong></span>, Madison, Wisconsin. She devised a scheme to obtain a residential loan for a client by submitting false documentation to the lender. <span style="color: #0000ff"><strong>Stoltenberg</strong></span> was assisted by <span style="color: #0000ff"><strong>Edwin P. Gray</strong></span>, an accountant working in Oregon, Wisconsin, who falsified the client’s income on a W-2 form, which allowed the client to qualify for a loan that he otherwise would not have obtained. <span style="color: #0000ff"><strong>Gray</strong> </span>pleaded guilty to mortgage fraud on August 12, 2012, and was sentenced to three years’ probation on October 11, 2012.</p>
<p>In sentencing <span style="color: #0000ff"><strong>Ring</strong></span>, Judge Crabb reduced her sentence from a possible imprisonment range of 27 to 33 months based in part on her cooperation in an ongoing investigation, and noted the serious nature of her crime, and the need to deter others similarly situated from engaging in criminal conduct. <span style="color: #0000ff"><strong>Ring</strong></span> paid the remaining restitution owed of $335,400 prior to sentencing. <span style="color: #0000ff"><strong>Gray</strong></span> had paid $700 towards restitution since his sentencing.</p>
<p>John W. Vaudreuil, United States Attorney for the Western District of Wisconsin, announced the <a href="http://mortgagefraudblog.com/wp-content/uploads/2013/06/ringsentence.pdf">sentence</a>.</p>
<p>The charge in this case are the result of an investigation conducted by the Madison Resident Agency of the Federal Bureau of Investigation. The prosecution of this case is being handled by Assistant U.S. Attorney Peter M. Jarosz.</p>]]></content:encoded>
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