Milennys Foira, 35, Doral, Florida, a real estate agent, and Richard Diaz, 26, Miami, Florida, were charged in a three-count Indictment for their participation in a mortgage fraud scheme that resulted in the issuance of $450,000 in mortgage loans.
Foira and Diaz recruited Jean Claude Cahen, who was previously charged and convicted, to use his identity and credit to buy a selected property in Miami, Florida. According to the Indictment, Cahen agreed to be paid $10,000 for the use of his identity and credit. The applications, prepared by Foira, contained materially false information regarding Cahen‘s purported employment, income, and rent payment history. As a result of the fraudulent mortgage applications, the lending company wire-transferred the loan proceeds to the closing agent. Without the lender’s knowledge, Diaz received a wire in the amount of $24,525 after the closing. Those proceeds were shared by Foira, Diaz and Cahen. After the closing, the parties failed to make the payments on the mortgage and the property fell into foreclosure.
The defendants were charged on July 28, 2009, with conspiracy to commit wire fraud and two counts of substantive wire fraud.
Jeffrey H. Sloman, Acting United States Attorney for the Southern District of Florida, announced the indictment. Mr. Sloman commended the investigative efforts of the Federal State Mortgage Fraud Strike Force, with special commendation to the U.S. Secret Service and Miami-Dade Police Department. The case is being prosecuted by Assistant U.S. Attorney Cristina Perez Soto.