Defense attorneys for a former local real estate developer were granted a continuance Wednesday in Solano County Superior Court over a scheduling conflict.
Attorneys in the case of Richard D. Lamphere were ordered back to court Sept. 1 when a new trial date will be selected. A trial could possibly be set for March 2016, according to courtroom discussions.
A former leader of a Haitian paramilitary force failed to persuade a judge that his mortgage fraud conviction in the United States was unsound.
Eastern District Judge Jack Weinstein denied Emmanuel “Toto” Constant’s habeas corpus petition on Friday, saying the lead-up to his conviction—which involved a state judge’s sua sponte decision to vacate Constant’s plea deal in light of serious allegations against him for his acts in Haiti—did not run afoul of due process requirements.
Alleging a “miscarriage of justice,” attorneys for former NFL star Irving Fryar and his mother are urging a judge to either overturn a jury’s verdicts convicting the two in a $1.2 million mortgage fraud or grant a new trial.
Motions filed by the defense in Superior Court in Mount Holly late last week say the convictions came despite a lack of evidence and because of prosecutorial misconduct.
Although the CPLR sets forth an applicable statute of limitations period for virtually all causes of action, and otherwise provides for a catch-all limitations period under CPLR 213(1) for claims that are not specifically delineated, the Court of Appeals has recently held that one particular, and not altogether uncommon, cause of action is not subject to any limitations period. In a remarkable 4-3 holding in Faison v. Lewis, the majority of the Court of Appeals held that a claim alleging forgery of a deed is not subject to any statute of limitations defense.
A 34-year-old Brooklyn man was sentenced to 21 months in federal prison Tuesday in U.S. District Court on wire fraud charges after he orchestrated the straw purchases of homes including one property in Worcester.
Alexander Ndaula, who also goes by the names Money Mals and Mals, was ordered to pay just over $237,000 in restitution. He will be on three years supervised release once he gets out of federal prison.
Real estate developer and Lake Oswego resident Roger Pollock agreed to a plea deal last week in connection with federal bank fraud charges relating to a loan he obtained for the construction of an office building on A Avenue.
Pollock, 54, is best known as the owner of the now-defunct Buena Vista Homes, whose projects included 141 houses built in Happy Valley. The fraud charges relate to a loan Pollock obtained for construction of an office building at 412 A Ave that was never built.
For the third time in three years, a former real estate agent is defending himself at trial in a mortgage fraud scheme federal prosecutors allege defrauded lending institutions out of more than $24 million.
Brett Depue’s first trial ended in a hung jury in February 2012, but he was convicted the following month on conspiracy and fraud charges and later sentenced to nearly 22 years in federal prison.