Archives For Mortgage Fraud

Chicago Businessman Sentenced for Defrauding Financial Institutions

Stephanie Abbott —  March 28, 2025 — Leave a comment

David Izsak, 50, Chicago, Illinois, businessman has been sentenced to five years in federal prison for scheming to defraud multiple financial institutions out of more than $3 million.

Izsak was a licensed real estate professional and the sole proprietor of Skokie, Illinois based Premier Assets Inc. and Premier Properties Enterprises, Inc.  From 2005 to 2018, Izsak engaged in a scheme to defraud financial institutions by obtaining residential loans through false statements, concealing other unpaid loans, and falsely obtaining credit.  As part of the scheme, Izsak submitted or caused to be submitted to the Cook County Recorder of Deeds fictitious lien releases that purported to be from lenders stating the loans were paid in full.  The bogus lien releases included false names of attorneys and bank employees. In one instance, after causing a lien to be released, Izsak sold the property to an unsuspecting buyer.  In another instance, he obtained six mortgages on a single property, obtaining a new loan after fictitiously releasing the prior loan without repaying it.

Izsak also obtained a loan to buy a 57-foot yacht known as the “Flying Lady” by submitting fraudulent tax returns and financial information to the lender.  The yacht was seized by federal authorities in 2019.

A jury in U.S. District Court in Chicago in 2023 convicted Izsak on ten counts of financial institution fraud.  U.S. District Judge Manish S. Shah imposed the prison sentence on Tuesday during a hearing in federal court.

The sentence was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, Douglas S. DePodesta, Special Agent-in-Charge of the FBI Chicago Field Office, and Ruth M. Mendonça, Inspector-in-Charge of the Chicago Division of the U.S. Postal Inspection Service.

“Izsak engaged in blatantly fraudulent conduct for many years,” Assistant U.S. Attorney Elly Moheb argued in the government’s sentencing memorandum.  “The entire purpose of the scheme was to line his own pockets, so that he could live a lifestyle he didn’t earn.”

Two other individuals – Yale Schiff, Riverwoods, Illinois., and his brother, Jason Schiff, Lincolnwood, Illinois – were also convicted as part of the federal investigation.  Yale Schiff was sentenced in January to three years in prison for fraudulently obtaining millions of dollars in mortgage and vehicle loans and using stolen identities to secure credit from financial institutions.  Jason Schiff pleaded guilty to causing a false report and statement to be made to the U.S. Department of Housing and Urban Development.  Jason Schiff was sentenced to three years of probation.

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Nigerian National Extradited for Mortgage Fraud Scheme

Stephanie Abbott —  March 7, 2025 — Leave a comment

Okechukwu Josiah Odunna, 60, Abuja, Nigeria made his initial appearance in a federal court in Miami, where he is accused of playing a key role in a fraud scheme in which he fraudulently obtained loans in connection with the fraudulent purchases of approximately 20 residential properties in Florida. This plot resulted in the loss of about $8 million to U.S. financial institutions, the Justice Department announced today.

According to the indictment, between December 2005 to approximately May 2008, Odunna and his co-conspirators devised a scheme to defraud and to obtain money by making false representations and material omissions to U.S. banking institutions. As part of the scheme, Odunna and his co-conspirators would, among other things: submit false and fraudulent loan applications and documents to financial institutions relating to purchases of residential properties, resulting in lenders loaning out more money than they otherwise would. These false statements to the lenders included false names of the persons who would be borrowing the money to purchase the properties, falsely inflated sale prices that were much higher than the true prices and false details regarding the receipt and disbursement of funds in connection with the purchases of the properties.

Odunna, who was a licensed attorney at the time, was also one of the directors of Direct Title and Escrow Services, Inc. (DTES). Odunna was the settlement agent in approximately 20 fraudulent closings of property purchases. To disguise the fraud, Odunna and his co-conspirators provided sellers and lenders with two different settlement statements, which included false information and omitted information regarding the sale price, the identity of the purchaser, and the receipt and the disbursement of funds.

Odunna faces charges of wire fraud and conspiracy to commit wire fraud affecting a financial institution. Odunna was arrested on September 24, 2024, by Nigerian authorities pursuant to a U.S. extradition request. Nigerian authorities extradited Odunna to the Southern District of Florida on March 6, after he waived extradition. He has remained incarcerated since his arrest. Odunna is scheduled to appear at his pretrial detention and arraignment hearings on March 11 before U.S. Magistrate Judge Jonathan Goodman.

Odunna’s co-conspirators, charged in the same indictment, included Karl Oreste, Marie Lucie Tondreau and Kelly Augustin. Oreste pleaded guilty and was sentenced to 100 months in prison. Tondreau, who was the former Mayor of North Miami, was convicted at trial. She was sentenced to 65 months in prison. Augustin remains a fugitive.

If convicted, Odunna faces up to 30 years in prison on the conspiracy to commit wire fraud affecting a financial institution charge and up to 30 years in prison on the wire fraud affecting a financial institution charge. Each count also carries the possibility of a fine and supervised release upon completion of any prison sentence. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Hayden P. O’Byrne for the Southern District of Florida, Acting Special Agent in Charge Brett Skiles of the FBI Miami Field Office, and Commissioner Russell C. Weigel, III, of the Florida Office of Financial Regulation (OFR), made the announcement.

The FBI Miami and OFR are investigating the case. The Justice Department’s Office of International Affairs provided significant assistance in securing the arrest and extradition of Odunna. The United States also thanks the FBI International Operations Division, Africa Unit Legal Attaché Office, Abuja, Nigeria, Ministry of Justice, Central Authority Unit, Nigeria, and Economic and Financial Crimes Commission, Nigeria for their valuable assistance.

Assistant U.S. Attorney Ana Maria Martinez is prosecuting the case. Assistant U.S. Attorney Daren Grove is handling asset forfeiture.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 14-cr-20349.

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Serial Fraudster Sentenced for Stealing Five Homes

Stephanie Abbott —  February 3, 2025 — Leave a comment

James Henley, 35, Greenwood, Indiana, has been sentenced to ten years in federal prison, followed by three years of supervised release after pleading guilty to aggravated identity theft, conspiracy to commit access device fraud, two counts of money laundering, and eight counts of wire fraud. Henley has also been ordered to pay $1,887,426.63 in restitution.

According to court documents, over the course of three years, Henley orchestrated multiple large and complex fraud schemes, resulting in a total loss of $2,927,758.95 to individual homeowners, an Indiana attorney, a bank, and ten state governments. As part of his fraud schemes, Henley registered five fake businesses (OnTrack Real Estate Solutions, LDI Investments Corp, Lucario Investments, 317 Traffic, and Henley Real Estate Solutions) with the states of Indiana and Kentucky, claiming to serve as the Chief Executive Officer for most of them. None of the businesses were legitimate. Instead, Henley used the businesses to mask his identity, make his schemes appear more credible, and launder the stolen money.

Henley’s schemes are broken down as follows:

Home Title Fraud:

Between December 2021 and May 2023, Henley stole five homes in Indianapolis by filing fraudulent deeds with the Marion County Recorder’s Office. Through the filings, Henley claimed that the homeowners had sold their homes to his fake businesses, but, in reality, he had never even spoken with the homeowners.  Unbeknownst to the victims, Henley filed these fraudulent deeds and then sold the homes for significantly less than their market value, pocketing more than $260,000 in profits.

Henley also attempted to steal and sell an additional 14 homes in Indianapolis and Evansville.  With one exception, the individuals who bought the homes from Henley took possession and ultimately kept the homes.

For one homeowner, the property Henley stole was her childhood home. She purchased the home while her mother was in the hospital with the hope that, when her mother’s condition improved, her mother would be able to live out her remaining years in the house.

Mortgage Fraud:

In November 2021, an associate of Henley’s purchased a home in Indianapolis, using a mortgage loan from a bank.  In April 2022, Henley filed a fraudulent document with the Marion County Recorder’s Office to make it seem as if the mortgage loan had been paid off, when it had not been paid. Henley then filed a deed naming himself a joint owner of the home. Henley and his associate subsequently sold the property for $255,000, pocketing all the proceeds, even though the bank should have received the majority of the funds.

COVID-19 Fraud:

Between May 2020 and March 2021, James Henley, his wife Jameka Henley, and his associate Jimmie Bickers used the stolen personally identifiable information of 76 real individuals to submit 120 unemployment insurance applications to ten states during the COVID-19 pandemic. Once the applications were approved, the trio used 65 unemployment insurance debit cards to make purchases at retailers and withdraw cash at ATMs in the Evansville and Indianapolis areas. The states paid a total of $1,119,426.63 in unemployment benefits in connection with the group’s fraudulent applications.  In July 2020, Henley used funds withdrawn from ATMs to buy a Chevrolet Camaro for $22,801.

Bickers and Jameka Henley have been formally charged for their roles in this scheme but have not pleaded guilty.

Auto Loan Fraud:

In March 2023, Henley purchased a Dodge Durango in Indianapolis for $71,479, using an auto loan from Everwise Credit Union. A few months later, in June 2023, Henley purchased a Chevrolet Silverado in Plainfield for $54,270, using a second loan from Everwise Credit Union.

In October 2023, Henley connected a JPMorgan Chase bank account to his auto loans, via Everwise’s online payment portal.  Henley falsely represented that the Chase account belonged to Jimmie Bickers, and that he had authority to make payments on his loans using funds from the Chase account.

The Chase account was actually an Indiana attorney’s Interest on Lawyers’ Trust Account (IOLTA), which is a highly regulated bank account used by lawyers to hold client funds.  The interest earned on IOLTA accounts is used to fund grants for nonprofit groups that promote pro bono and access to justice programs. Henley did not have the attorney’s permission to access or withdraw funds from the IOLTA account.

Between October and November 2023, Henley used the IOLTA account to make two payments, totaling $98,000, toward his auto loans.

Henley has prior felony convictions for financial crimes, including theft, forgery, and fraud.

“James Henley went to great lengths to coordinate exceptionally greedy, complex schemes that exploited hard-working families and state government programs,” said John E. Childress, Acting U.S. Attorney for the Southern District of Indiana. “Undeterred by prior felony convictions for the same conduct, this defendant stole over a million dollars, wreaking financial and logistical havoc on hundreds of victims. The Department of Justice will continue to work with our law enforcement partners to investigate allegations of fraud and seek prosecution as appropriate.”

“James Henley filed fraudulent unemployment insurance (UI) claims in the names of identity theft victims in order to receive UI benefits to which he was not entitled. He enriched himself by defrauding a program that was intended to assist struggling American workers during an unprecedented global pandemic,” said Megan Howell, Acting Special Agent-in-Charge, Great Lakes Region, U.S. Department of Labor, Office of Inspector General. “We and our law enforcement partners are committed to protecting the integrity of the UI system from those who seek to exploit this critical benefit program.”

“This lengthy prison sentence sends a clear message: individuals who attempt to exploit and commit financial crime and identity theft will be brought to justice,” said Ramsey E. Covington, Acting Special Agent in Charge, IRS Criminal Investigation, Chicago Field Office. “IRS Criminal Investigation and our fellow law enforcement partners are committed to protecting the integrity of our financial institutions and will continue to hold criminals like James Henley accountable to the fullest extent of the law.”

“This case should serve as a powerful reminder that individuals with a history of financial crimes will face significant consequences when they demonstrate a blatant disregard for the law and continue to exploit and deceive others for personal gain,” said FBI Indianapolis Special Agent in Charge Herbert J. Stapleton. “The FBI, working alongside our law enforcement partners, will continue to hold those who perpetuate such offenses accountable and protect the public from those who manipulate the system for their own benefit.”

The Federal Bureau of Investigation, Internal Revenue Service-Criminal Investigation, Department of Labor-Office of the Inspector General, and the Indiana Attorney General’s Office Homeowner Protection Unit investigated this case. The sentence was imposed by U.S. District Judge Matthew B. Brookman.

Acting U.S. Attorney Childress thanked Assistant U.S. Attorney Matthew Miller, who prosecuted this case.

On May 17, 2021, the Attorney General established the COVID‑19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts.

Anyone with information about allegations of attempted fraud involving COVID‑19  can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form

 

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Attorney Charged With Making False Statements to Mortgage Lenders

Stephanie Abbott —  January 16, 2025 — Leave a comment

Thomas C. Goldstein, Chevy Chase, Maryland, and Washington, D.C., an attorney, was indicted today on a 22-count indictment,of tax evasion, assisting in the preparation of false tax returns, failing to pay taxes, and making false statements to two separate mortgage lenders.

According to the indictment, in 2021, Goldstein, the sole owner of Goldstein & Russell, P.C., a boutique law firm specializing in appellate litigation, including litigation before the United States Supreme Court. Goldstein allegedly submitted false mortgage applications to two separate mortgage lending companies, seeking financing to purchase a $2.6-million home in Washington, D.C.  On those mortgage applications — which required Goldstein to list all his liabilities and debts — Goldstein allegedly omitted millions of dollars of liabilities, including more than $14 million he owed at the time on two promissory notes, as well as taxes he owed to the IRS.  Goldstein’s false statements to one of the mortgage lenders allegedly enabled him to obtain a $1.98 million loan.

Also, between 2016 and 2023, Goldstein allegedly engaged in a scheme to evade his taxes.  Goldstein allegedly took various steps to carry out his scheme, including diverting legal fees that were due to the law firm to his personal bank account, and then using them to pay personal poker-related debts; using the law firm’s assets to satisfy his personal poker debts and falsely classifying those payments as “legal-fee” expenses on the firm’s books and records; and using firm assets to pay salaries and health insurance premiums for people with whom Goldstein had a personal relationship but who performed little or no work for the law firm and did not qualify for its health insurance.

Goldstein also allegedly did not report, or falsely understated, millions of dollars of gambling winnings on his tax returns. In addition, for 2016 through 2021, except 2018, Goldstein allegedly did not pay the taxes he self-reported were due on his returns, while simultaneously spending millions of dollars on personal expenses such as gambling debts, travel, vacation rentals, and luxury goods.

If convicted, he faces a maximum sentence of five years in prison for each of the tax evasion charges; three years for each count of assisting in the preparation of false tax returns; a maximum of one year on each of the five counts charging willful failure to pay taxes; and 30 years for each count of making false statements to mortgage lenders. He also faces a period of supervised release, monetary penalties, and restitution.

IRS Criminal Investigation and the Federal Bureau of Investigation are investigating the case.

U.S. Attorney Erek L. Barron announced the indictment with Deputy Assistant Attorney General David A. Hubbert, Department of Justice Department, Tax Division.

Assistant U.S. Attorney Patrick Kibbe, of the District of Maryland, Senior Litigation Counsel Stanley Okula, and Trial Attorneys Emerson Gordon-Marvin and Hayter Whitman, of the Tax Division, are prosecuting the case.

An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.

 

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Businessman Sentenced for Bilking Elderly Homeowners in Reverse Mortgage Scheme

Stephanie Abbott —  January 16, 2025 — Leave a comment

Mark Steven Diamond ,68, Chicago, Illinois, a businessman was sentenced today to more than 17 years in federal prison for bilking elderly homeowners in a reverse mortgage and home repair scheme.

Diamond schemed with others to induce homeowners to unwittingly obtain reverse mortgage loans to pay for purported home repairs that Diamond offered to perform.  Diamond and the co-schemers targeted elderly victims in the Chicago area based on the amount of equity in their homes and their relative lack of financial sophistication.  In some instances, Diamond concealed from the homeowners that they were applying for reverse mortgage loans by falsely representing that they needed to sign certain documents to start the repair work, when, in fact, the documents that Diamond caused them to sign were related to applying for the loan.  After the loans were approved and originated by co-schemers, Diamond fraudulently pocketed the loan proceeds and often failed to perform any repairs.

Diamond pleaded guilty last year to a federal charge of wire fraud affecting a financial institution.  In addition to the 205-month prison sentence, U.S. District Judge Franklin U. Valderrama ordered Diamond to pay $2.7 million in restitution.

All four co-schemers charged in the investigation – loan originators Gary Bohn, Hoffman Estates, Ill., and Matthew Fefferman, Munster, Indiana., Diamond’s employee Cynthia Wallace, Sauk Village, Illinois., and title agency owner Forrest C. Fawcett, Fort Lauderdale, Florida – previously pleaded guilty and admitted their roles in the fraud. They are awaiting sentencing.

The sentence was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, Rae Oliver Davis, Inspector General for the U.S. Department of Housing and Urban Development Office of the Inspector General, Douglas S. DePodesta, Special Agent-in-Charge of the Chicago Field Office of the FBI, and Kwame Raoul, Illinois Attorney General. The government was represented by Special Assistant U.S. Attorney Brian P. Netols and Assistant U.S. Attorney Erin Kelly.

“Mark Diamond repeatedly preyed on the elderly for years,” said Acting U.S. Attorney Pasqual.  “He damaged the most vulnerable in our community, both financially and personally. We will continue to work with our law enforcement partners to hold accountable anyone who seeks to deceive elderly homeowners through fraud.”

“Diamond’s scheme defrauded more than 100 elderly and vulnerable homeowners, preying upon their trust and devastating them financially,” said HUD-OIG Inspector General Davis.  “His sentencing today is a sobering reminder of the unique harm caused by predatory reverse mortgage schemes.  These egregious criminal acts will not be tolerated, and my agency will continue to work with our law enforcement partners to hold other individuals like Diamond accountable for their actions.”

“The reverse mortgage fraud scheme perpetrated by the defendant preyed on some of the most vulnerable Chicagoans,” said FBI Chicago SAC DePodesta.  “Combatting white-collar crime stands as a foremost priority for the FBI.  With the assistance of our law enforcement partners, we will continue to investigate and dismantle financial fraud schemes aimed at harming members of our community.”

“Many of these victims were older homeowners who worked and saved their entire their lives, and their only mistake was trusting an individual who specifically targeted them to be victims of his scam,” said Attorney General Raoul.  “My office is proud to partner with the U.S. Attorney for the Northern District of Illinois, the Department of Housing and Urban Development’s Office of Inspector General in Chicago, and the Chicago Field Office of the FBI to obtain a degree of justice for the victims who were defrauded.  This sentence underscores the importance of the state-federal law enforcement collaborations that support my office’s work to hold accountable individuals who prey upon our most vulnerable residents.”

 

 

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Man Sentenced Orchestrating $1.5 Million Mortgage Fraud Scheme

Stephanie Abbott —  January 14, 2025 — Leave a comment

Lee Holliday, 66, of Schererville, Indiana, has been sentenced to more than three years in federal prison for orchestrating a mortgage fraud scheme in Chicago that bilked multiple financial institutions out of more than $1.5 million.

Holliday admitted in a plea agreement that he engaged in mortgage fraud in 2011 and 2012 in connection with the purchase of multiple properties on the West and South Sides of Chicago, Illinois. Holliday recruited buyers and provided them with funds for the down payments, which were only 3.5% of the purchase price since the loans were insured by the Federal Housing Authority. Holliday worked with the buyers to purchase homes at inflated prices and then split the proceeds with both the buyers and sellers.  Although Holliday promised the buyers that the properties would provide rental income, the promises proved to be false and most buyers eventually fell behind on their mortgage payments.  Seven properties went into foreclosure proceedings. In all, Holliday caused the lenders to lose a total of approximately $1.53 million through the submission of false and fraudulent loan applications.

In addition to the mortgage fraud scheme, Holliday also admitted in his plea agreement that he engaged in Covid-relief fraud in 2020 and 2021, fraudulently obtaining $391,869 in Paycheck Protection Program funds to which he was not entitled.

Holliday pleaded guilty last year to a federal bank fraud charge.  U.S. District Judge Sara L. Ellis on Friday sentenced Holliday to three years and three months in federal prison.

The sentence was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, and Machelle L. Jindra, Special Agent-in-Charge of the U.S. Department of Housing and Urban Development’s Office of Inspector General in Chicago. Valuable assistance was provided by the FBI Chicago Field Office.  The government was represented by Assistant U.S. Attorney Stephanie C. Stern and former Assistant U.S. Attorney Charles W. Mulaney.

“FHA loans are intended to help people who could not otherwise afford a home,” said Acting U.S. Attorney Pasqual.  “In this case, the money that was supposed to help those people and improve their neighborhoods instead went into the defendant’s pockets.”

“Lee Holliday repeatedly engaged in an egregious mortgage fraud scheme causing borrowers to falsely represent critical income and asset information to qualify them for loans they would not have otherwise qualified for,” said HUD-OIG SAC Jindra.  “When people take advantage of HUD-insured mortgage programs, it limits opportunities for hard-working individuals trying to achieve the American dream of homeownership.  HUD-OIG will continue to work with the U.S. Attorney’s Office and our law enforcement partners to investigate individuals who jeopardize the integrity of FHA mortgage programs.”

 

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Woman Pleads Guilty to $161 Million Mortgage Fraud Scheme

Stephanie Abbott —  January 10, 2025 — Leave a comment

Kimberly Johnson, 55, Hampton, Georgia, has pleaded guilty for her role in a mortgage fraud scheme spanning more than three years and resulting in the approval of approximately 450 mortgage loans based on fabricated documents and false information. Many of the loans are insured by the Federal Housing Administration (FHA), resulting in claims being paid for mortgages that have defaulted.

The charges and other information presented in court: Kimberly Johnson participated in a conspiracy in which homebuyers and mortgage brokers submitted fraudulent loan applications to induce mortgage lenders to fund mortgages. Johnson’s role in the scheme was to alter or fabricate the supporting documents for the loans, including bank statements, pay stubs and Forms W-2. Over the course of more than three years, Johnson helped approximately 450 homebuyers to commit mortgage fraud by obtaining loans for which they were unqualified. The fraudulent loan applications were submitted to numerous mortgage lenders, and some of the mortgage brokers who worked on obtaining the loans were part of the conspiracy. These fraudulent loans totaled approximately $161 million. Many of those loans have already defaulted.

The announcement was made by U.S. Attorney Buchanan.

“The defendant and her co-conspirators brazenly manipulated the real estate lending process out of sheer greed,” said U.S. Attorney Ryan Buchanan. “Criminals like Johnson, who engage in mortgage fraud, threaten the soundness of the real estate market in our communities. Our office is committed to prosecuting these bad actors who abuse the system for their personal gain and to safeguard the mortgage lending system for those who rely on this financial support.”

“Kimberly Johnson engaged in a massive mortgage fraud scheme, fabricating material documents on over 450 loans to falsely qualify individuals for loans they would not have otherwise qualified for,” said Special Agent-in-Charge Jerome Winkle with the U.S. Department of Housing and Urban Development (HUD), Office of Inspector General (OIG).  “When individuals commit fraud against federally funded programs, it creates significant risks to the programs and limits the financial resources available to assist hard working individuals realize the American dream of homeownership. HUD OIG will continue to work with its prosecutorial and law enforcement partners to vigorously pursue those who seek to profit by abusing HUD-funded programs.”

“Ms. Johnson’s guilty plea is the result of our commitment to hold anyone who exploits the mortgage lending system for personal gain fully accountable,” said Edwin S. Bonano, Special Agent in Charge of FHFA-OIG’s Southeast Region. “This case highlights the importance of collaboration between our law enforcement partners to protect the integrity of the housing market and prevent fraud that undermines public trust.”

“The defendant in this case pleaded guilty for her role in altering and fabricating supporting documents in fraudulent mortgage loan applications, as part of a scheme that resulted in the approval of approximately 450 mortgage loans,” said Kyle A. Myles, Special Agent in Charge of the Federal Deposit Insurance Corporation Office of Inspector General (FDIC OIG), Atlanta Region. “The FDIC OIG remains committed to working with our law enforcement colleagues to investigate those who commit fraudulent acts and threaten to undermine the safety and soundness of our nation’s financial system.”

“The FBI will vigorously investigate criminal offenses that impact the integrity of the residential mortgage market. In this case, Johnson had the duty to conduct business honestly but instead chose to engage in mortgage fraud, securing mortgages for individuals who otherwise would not have qualified for one,” said Sean Burke, Acting Special Agent in Charge of FBI Atlanta. “We are proud to have worked with our law enforcement partners and the U.S. Attorney’s Office in the effort to prosecute anyone who engages in this type of misconduct.”

Johnson pleaded guilty to one count of conspiracy to defraud the United States in a mortgage fraud scheme and, as part of her plea, has agreed to pay restitution to the victims of the conspiracy, including the U.S. Department of Housing and Urban Development, which insures many of the residential mortgages in the United States. Johnson is scheduled to be sentenced on April 11, 2025, before U.S. District Judge Sarah E. Geraghty.

This case is being investigated by the U.S. Department of Housing and Urban Development Office of Inspector General, the Federal Housing Finance Agency Office of Inspector General, the Federal Deposit Insurance Corporation Office of Inspector General and the Federal Bureau of Investigation.

Assistant U.S. Attorney Alison Prout is prosecuting the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

 

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Business Owner Sentenced for Stealing Money Intended for Mortgage Payments

Stephanie Abbott —  January 7, 2025 — Leave a comment

Marat Lerner, 42, Brooklyn, New York, the former president of a debt relief services business was sentenced today for stealing approximately $2.5 Million intended for mortgage payments from vulnerable victims who were in financial distress.

According to court documents and facts presented at Lerner’s sentencing, the defendant was the owner of the Lerner Group, a business that claimed to provide debt relief services, including mortgage modifications, principally to the Eastern European immigrant community in Brooklyn, New York. Many of the victims Lerner defrauded were already experiencing financial hardship and had specifically sought Lerner’s assistance to help reduce their monthly mortgage payments.  Lerner, in turn, promised that he could help them lower their monthly mortgage payments by working with their mortgage lenders to secure a mortgage loan modification or federal homeowner assistance.  To carry out his fraud, Lerner obtained access to the victims’ bank accounts, which he claimed he would use to pay the mortgage banks on their behalf.

Lerner used his access to his victims’ bank accounts to steal approximately $2.5 million – money that the 19 victims believed was being used to pay their mortgages.  Once Lerner gained access to the victims’ bank accounts, he transmitted funds from their accounts to companies and/or bank accounts that he controlled.  Lerner covered up his fraud by claiming the money was being held in escrow or by affiliates of the mortgage banks.  In truth, Lerner kept most of the victims’ money and spent it on personal and business expenses, including a BMW, luxury goods and expensive meals.  Lerner caused several of his clients to file bankruptcy petitions to stave off foreclosure to continue his fraud, and as a result of his scheme, several of his victims are facing foreclosure proceedings.

Lerner was sentenced by United States District Judge Nicholas G. Garaufis to 135 months in prison for conspiracy to commit wire fraud and wire fraud.  Lerner was also convicted of continuing his criminal scheme while on pre-trial release.  Lerner was ordered to forfeit approximately $2,340,154 to the government. Restitution to the victims will be determined at a later date. Lerner pleaded guilty to the charges in February 2024.

Breon Peace, United States Attorney for the Eastern District of New York, James E. Dennehy, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office (FBI) and Harry T. Chavis, Jr., Special Agent in Charge, Internal Revenue Service Criminal Investigation, New York (IRS-CI), announced the sentence.

“Today the defendant learned there are serious consequences for stealing his clients’ money, even after he was arrested, and ruthlessly spending it on a luxury car for himself, on-line dating and expensive meals,” stated United States Attorney Peace.  “His victims were hard-working people, many from the Eastern European community, who went to him for help saving their homes and livelihoods.  Instead of helping them, Lerner took advantage of their trust and vulnerability to steal their money.  Lerner continued his crimes even when he knew that his actions had directly caused his victims to lose their homes and-or to declare bankruptcy.  My Office is committed to protecting the public from unscrupulous advisors like Lerner.”

“Marat Lerner stole $2.5 million from fiscally vulnerable clients and forced several into bankruptcy after funneling their money to fund his personal luxury purchases rather than providing the promised reduced mortgage payments,” stated FBI Assistant Director in Charge Dennehy.  “Lerner betrayed his victims’ trust, remorselessly continuing to perpetuate this fraudulent scheme even after his initial arrest. With the continued support from NYPD and CBP, the FBI remains dedicated to investigating those who employ empty promises to prey upon disadvantaged communities to satisfy their own greed.”

“Lerner lived a glamourous life by taking money out of the pockets of people in his own community.  His underground brokerage was not just a simple money scam; it led to victims defaulting on their mortgage payments and some falling into foreclosure,” stated IRS-CI Special Agent in Charge Chavis.  “Today’s sentencing should stand as a reminder to those preying on others to fulfill their own greedy desires—you will get caught; you will be prosecuted; and you will go to prison for your criminal acts.”

In January 2023, Lerner was arrested in connection with the fraud and released on bail.  He was instructed not to commit additional crimes.  However, Lerner promptly opened new bank accounts and continued his criminal scheme.  After his arrest in this case, Lerner stole at least an additional $50,000 from his clients.  In September 2023, Lerner’s bail was revoked after a grand jury returned a superseding indictment charging Lerner with additional crimes.

The government’s case is being handled by the Office’s Business and Securities Fraud Section.   Assistant U.S.  Attorney Nick M. Axelrod and former Assistant U.S. Attorney Genny Ngai prosecuted the case.

 

 

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Self-proclaimed “Short Sale Queen” Indicted in Mortgage Fraud Scheme

Stephanie Abbott —  December 3, 2024 — Leave a comment

Nicole Espinosa, also known as Short Sale Queen, 35, Plano, Texas; Stephanie Smith, also known as Stephanie Parks, 44, Midlothian, Texas; and Selena Baltazar-Hill, 28, Dallas, Texas, were indicted by a federal grand jury on November 20, 2024, and charged with federal violations related to a mortgage fraud scheme in the Eastern District of Texas.

According to information presented in court, beginning in 2017, Espinosa, Smith, and Baltazar, along with others, are alleged to have operated a mortgage fraud scheme using various companies, including Short Sale Queen, L.L.C.  The defendants researched and located properties that were in the pre-foreclosure short sale process and approached the homeowners about listing the properties for sale.  After signing a listing agreement with the homeowners, the defendants submitted various fraudulent documents to financial institutions and mortgage companies for the purpose of freezing or halting the foreclosure process.  Such documents included falsified purchase agreements from purported “buyers,” as well as altered “proof of funds” letters showing the “buyers” had the means to purchase the property.  Based on these representations, the financial institutions halted foreclosure proceedings, waived fees collection, and unknowingly allowed the defendants time to find a real buyer, or in other instances, cancel the deal when they could not locate a legitimate buyer.  All told, the defendants are alleged to have fraudulently submitted documents for at least 88 properties totaling over $8 million in sales, obtained at least $390,000 in commissions and processing fees, and caused at least $2.5 million in losses to these financial institutions.

The two-count indictment charges them with conspiracy to commit wire fraud affecting a financial institution and conspiracy to submit false statements to a federally insured financial institution.  The defendants have been arrested and are scheduled to appear before U.S. Magistrate Judge Aileen Goldman Durrett on December 4, 2024.

If convicted, the defendants each face up to 30 years in federal prison.

This case is being investigated by the Department of Housing and Urban Development, Federal Housing Finance Agency, and Department of Veterans Affairs.  This case is being prosecuted by Assistant U.S. Attorney Anand Varadarajan.

A federal indictment is not evidence of guilt.  All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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Brooklyn Business Owner Convicted of Fraud Scheme

Stephanie Abbott —  November 22, 2024 — Leave a comment

Avraham Tarshish (also known as “Avi Tarshish”), 45, Queens Village, New York was found guilty yesterday for conspiracy to commit wire fraud and bank fraud, and related wire fraud counts, in connection with a scheme to defraud mortgage loan holders, including the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac) and other mortgage lending businesses.

The defendant was an employee of My Ideal Property Inc. and an owner of Exclusive Homes Realty Group, Inc., Exclusive Homes NY, LLC and Homeowners Solutions Group LTD, Queens- and Brooklyn, New York based companies formed to buy and sell real property.  As proven at trial, between March 2013 and November 2018, the defendant and others conspired to defraud mortgage lenders, misleading them into approving short sale transactions at fraudulently depressed prices.  In a short sale, with the approval of the mortgage lender or servicer, a mortgage loan borrower sells his or her property for less than the outstanding balance of the mortgage loan.  The proceeds from the short sale, less approved closing costs, are applied to the outstanding mortgage loan balance owed to the lender, who typically agrees to forgive the borrower’s remaining mortgage loan balance.  Here, the defendant fraudulently manipulated the short sale process and immediately flipped properties for prices well above the short sale prices.

Among other things, the defendant and his co-conspirators paid homeowners in foreclosure to lock them in to conducting short sales with them; took steps to preclude other prospective purchasers from making higher offers for properties by failing to market properties as required by the lenders; placed fraudulent liens on properties; and further depressed the properties’ values by removing toilets and plumbing, and causing other forms of property damage—a process that the defendant and his co-conspirators referred to as making the homes “pretty.”  In furtherance of the scheme, the defendant and his co-conspirators also provided the mortgage lenders and servicers with false and misleading information in transaction documents and failed to disclose either payments made to the borrower and others related to short sale or contemporaneous agreements to transfer the properties at inflated prices.  Many of the affected mortgage loans were insured by the Federal Housing Administration or owned or guaranteed by Fannie Mae or Freddie Mac.

At trial, the government introduced evidence that the defendant participated in a conspiracy spanning years that involved dozens of fraudulent short sale transactions.  From among those dozens of transactions, the government introduced specific evidence relating to eleven examples of Brooklyn short sales through which the defendant and his co-conspirators defrauded lenders and servicers of more than $2.4 million.

The verdict followed a 12-day trial before Chief United States District Judge Margo K. Brodie.  When sentenced, the defendant faces up to 30 years in prison.

Breon Peace, United States Attorney for the Eastern District of New York, Robert Manchak, Special Agent in Charge, Federal Housing Finance Agency, Office of Inspector General, Northeast Region (FHFA-OIG), Vicky Vazquez, Special Agent in Charge, U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Region (HUD-OIG) and Thomas M. Fattorusso, Special Agent in Charge, Internal Revenue Service-Criminal Investigation, New York (IRS-CI) announced the verdict.

“The defendant defrauded taxpayer-funded mortgage loan holders out of millions of dollars and took advantage of programs designed to help distressed property owners in need,” stated United States Attorney Peace.  “Short sale mortgage fraud not only harms lending intuitions, it also depresses real estate values throughout our neighborhoods and prevents community members from gaining fair access to housing.  Today’s guilty verdict should serve as a reminder that my Office, together with our law enforcement partners, will continue to vigorously prosecute those who corruptly line their pockets at the expense of mortgage lenders and borrowers.”

Mr. Peace expressed his appreciation to the United States Department of Homeland Security, Homeland Security Investigations, New York Field Office (HSI), and the HSI El Dorado Financial Crimes Task Force for their work on the case.

“The defendant and his co-conspirators corrupted a process meant to assist homeowners facing foreclosure. By undermining the integrity of this process, Fannie Mae, Freddie Mac, and other lenders were deprived of millions of dollars,” said Robert Manchak, Special Agent-in-Charge of FHFA-OIG’s Northeast Region. “Today’s verdict demonstrates the resolve of the Federal Housing Finance Agency Office of Inspector General and its law enforcement partners to pursue those who defraud the government-sponsored enterprises.”

“Tarshish and other co-conspirators engaged in a $2.4 million scheme to cause FHA-insured mortgage lenders to approve short sale transactions at fraudulently depressed prices by misrepresenting material information for his own enrichment,” said Special Agent-in-Charge Vicky Vazquez with the U.S. Department of Housing and Urban Development (HUD), Office of Inspector General (OIG). “No one is above the law. HUD OIG will continue to work with the U.S. Attorney’s Office and our law enforcement partners to investigate individuals who jeopardize the integrity of FHA mortgage programs.”

“In this elaborate scheme to prey on people facing foreclosure and manipulating the mortgage loan system, Tarshish’s fraud resulted in a multi-million dollar loss to his victims.  With this conviction, Tarshish now faces time behind bars where he can longer line his pockets at the expense of his community and their lenders,” said Thomas M. Fattorusso, Special Agent in Charge of IRS-CI New York.

Co-Defendants Who Previously Pleaded Guilty:

  • Iskyo Aronov (also known as “Isaac Aronov”), 37, Miami, Florida
  • Michael Konstantinovskiy (also known as “Michael Kay”), 38, Rego Park, Queens
  • Tomer Dafna, 53, Great Neck, New York
  • Michael Herskowitz, 45, Brooklyn, New York

When sentenced, Aronov, Konstantinovskiy and Dafna face up to a 30-year max sentence. Herskowitz faces up to a 5-year sentence.

Anyone with information concerning similar mortgage-related fraud can report it by contacting the Federal Housing Finance Agency Office of Inspector General Hotline at 800-793-7724 or via the web at: https://www.fhfaoig.gov/ReportFraud#hotlineform.

In July 2022, Mr. Peace was selected as the Chairperson of the White Collar Fraud subcommittee for the Attorney General’s Advisory Committee (AGAC).  As the leader of the subcommittee, Mr. Peace plays a key role in making recommendations to the AGAC to facilitate the prevention, investigation and prosecution of various financially motivated, non-violent crimes including bank fraud and wire fraud.

The government’s case is being handled by the Office’s Business and Securities Fraud Section.  Assistant United States  Attorneys Shannon C. Jones, John Vagelatos, Joshua B. Dugan and Russell Noble are in charge of the prosecution, with the assistance of Paralegal Specialist Liam McNett.  Assistant United States Attorney Tanisha Payne of the Office’s Asset Recovery Section is handling forfeiture matters.

E.D.N.Y. Docket No. 19-CR-408 (MKB)

 

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