Attorney and Closing Agent Charged with Conspiracy

Allison Tussey —  October 19, 2011 — Leave a comment

Kimberly S. Daise, 48, an attorney, Miami, Florida, has been charged in connection with a mortgage fraud scheme relating to a property in the Versailles development in Wellington, FloridaDaise made her initial appearance in federal court before U.S. Magistrate Judge Ann E. Vitunac in West Palm Beach.

As alleged in Information, Daise submitted false documentation to mortgage lenders substantially inflating the purchase price of the properties.  As part of the conspiracy, two sets of  HUD-1 Settlement Statements were prepared.  One form, listing the real price, was provided to the seller.  Another form,  with the inflated price, was provided to the lender.  The difference between the real price and the inflated price was either made to appear as if it were a debt owed to business entities controlled by the defendant and her co-conspirators, or was made to appear as profits to the sellers.   The fraudulent loan proceeds were ultimately used for the benefit of the defendant and her co-conspirators. 

More specifically, the Information alleges that defendant Daise was involved in a mortgage fraud scheme that generated more than $3.2 million in mortgage loans and approximately $500,000 in fraudulent loan proceeds involving a properties located at 10543 Versailles Blvd., Wellington, Florida and 10727 Versailles Blvd., Wellington, Florida.  The defendant is charged with one count of conspiracy to commit fraud on a financial institution and wire fraud, in violation of Title 18, United States Code, Section 1349.

If convicted, the defendant faces a maximum statutory sentence of 30 years in prison for the conspiracy to commit fraud on a financial institution.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, John V. Gillies, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Jeff Atwater, Chief Financial Officer, Florida Department of Financial Services, and the Palm Beach County Mortgage Fraud Task Force, announced the charges. 

Mr. Ferrer commended the investigative efforts of the FBI, Florida Department of Financial Services, U.S. Secret Service, FDLE, State of Florida’s Office of Financial Regulation, and the Palm Beach County Mortgage Fraud Task Force.  The case is being prosecuted by Assistant U.S. Attorney Ellen Cohen. 

An Information is merely an accusation and a defendant is presumed innocent unless and until proven guilty.

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Allison Tussey

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