Archives For Mortgage Fraud

Former Attorney Sentenced to Prison for Stealing from Clients

Stephanie Abbott —  November 15, 2023 — Leave a comment

William Mccullough, 63, Westerly, Rhode Island, was sentenced today to 12 months and one day of imprisonment, followed by three years of supervised release, for stealing more than $700,000 from clients of his real estate law practice.

According to court documents and statements made in court today, prior to his resignation from the Connecticut bar in March 2019, McCullough operated a law practice in Stamford, Connecticut for several years.  As part of his practice, McCullough worked on real estate transactions for clients.  In that capacity, McCullough received funds from clients and knew he was required to deposit those funds in an Interest on Lawyers’ Trust Account (“IOLTA Account”) and use them in accordance with his duties to each client.  In March 2018, the Connecticut Statewide Grievance Committee audited McCullough’s IOLTA Account and found that he had failed to maintain required documents for several years.  The audit revealed that more than $1.27 million was due to clients, but the IOLTA Account held less than $600,000.  A subsequent criminal investigation revealed that McCullough defrauded clients by using funds in his IOLTA Account to cover funds owed to others, and for his own use.  McCullough made false representations to clients, including providing a false and inaccurate closing statement to at least one individual, to prevent the scheme from being uncovered.

McCullough’s clients lost approximately $720,851.05 through this scheme. by U.S. District Judge Victor A. Bolden sentenced McCullough and ordered him to pay full restitution.

On November 22, 2022, McCullough pleaded guilty to one count of wire fraud.

McCullough, who is released on bond, is required to report to prison on January 8.

Vanessa Roberts Avery, United States Attorney for the District of Connecticut, made the announcement.

This matter was investigated by the U.S. Secret Service and the Wallingford Police Department.  The case was prosecuted by Assistant U.S. Attorney Ross Weingarten.

 

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Man Charged with a Title Fraud Scheme

Stephanie Abbott —  November 2, 2023 — Leave a comment

Ralph Divino, 62, Annandale, New Jersey, has been charged with defrauding a New Jersey-based title insurance company of approximately $1.5 million.

According to documents filed in this case and statements made in court:

From October 2018 through November 2018, Divino executed a scheme to defraud a New Jersey-based title insurance company through which he fraudulently obtained a residential property and funds exceeding $900,000. Through Divino’s scheme, the title insurance company lost approximately $1.5 million.

Divino advised the title insurance company of his purported intention to purchase two residential properties in Warren, New Jersey, and Annandale, New Jersey. Divino then falsely represented that he had wired $1.5 million for the purchase of both properties when, in fact, he never sent any funds. Divino advised the title insurance company that he no longer wished to purchase the Warren property. Relying on Divino’s false assurances that he had wired $1.5 million to the title insurance company, the title insurance company issued Divino a check for $987,000 as a refund, which Divino cashed and used to purchase personal items, including luxury cars. Divino also closed on and assumed ownership of the Annandale property, still never having provided any funds to title insurance company.

In November 2018, after the closing on the Annandale property, the title insurance company discovered that Divino had never wired any money to purchase either property. When representatives from the title insurance company asked Divino about this, Divino provided them with two checks from his purported business account totaling $1.5 million. After the bank refused to honor Divino’s checks, citing insufficient funds, Divino engaged in an email exchange with an employee of the title insurance company in which he falsely assured the employee that the checks could be used to reimburse the title insurance company, or that Divino would otherwise provide the missing funds. In truth, at the time of those communications, the business account from which Divino had issued the checks had a negative balance. Divino never reimbursed the title insurance company for the fraudulently obtained funds.

Divino was indicted on two counts of wire fraud.  He appeared on Oct. 31, 2023, before U.S. Magistrate Judge James B. Clark III in Newark federal court, entered a plea of not guilty, and was released on unsecured bond.

Each wire fraud count carries a maximum potential penalty of 20 years in prison and a maximum fine of either $250,000 or twice the gain or loss from the offense, whichever is greatest.

U.S. Attorney Philip R. Sellinger made the announcement today.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to the charges.

The government is represented by Assistant U.S. Attorney Samantha C. Fasanello of the Cybercrime Unit in Newark.

The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

 

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Woman Pleads Guilty to Real Estate Bank Fraud

Stephanie Abbott —  October 25, 2023 — Leave a comment

Maria Esperansa Salgado, 64, Ft. Washington, Maryland, pleaded guilty today to bank fraud.

According to court documents, from at least August of 2012 through April 2019, Salgado devised a scheme to defraud a mortgage lender into agreeing to a short sale, or pre-foreclosure sale, of a residential property in Alexandria, Virginia that was pending foreclosure for non-payment of the mortgage. The defendant and her brother had purchased and lived in the property for about ten years.

After filing a Chapter 7 petition for bankruptcy to discharge her debts in 2013, Salgado used the identity of an unsuspecting victim to obtain a home mortgage from a lender. Salgado then entered into fraudulent sales contracts with straw purchasers and the victim to make it appear as if she was selling the property to third parties as part of an arms-length transaction. A straw purchaser is someone who buys a property on behalf of another person when the real buyer cannot complete the transaction. The fraudulent sales contracts made it appear as if the straw purchasers and the victim were buying the house on behalf of themselves. In truth, Salgado’s intention was to retain ownership of the property and the proceeds from the fraudulent short sale.

In 2015, Salgado executed a fraudulent refinance of the property using the name of straw purchasers and kept the proceeds. The victim was unaware of the re-finance.  In 2019, Salgado used a nominee owner to sell the property to a third-party buyer. Salgado and the nominee owner received the proceeds of the fraudulent sale and paid off the remaining loan balance and used a portion to purchase a new property in Ft. Washington, Maryland.

To date, the victim has been unable to qualify for a loan to purchase her own home because of the fraudulent mortgage taken out in her name. The scheme also resulted in $146,188 of loss to the mortgage lender. As part of her plea agreement, Salgado agreed to pay restitution to the victim and to forfeit the proceeds of the bank fraud.

Salgado is scheduled to be sentenced on February 21, 2024. She faces a maximum penalty of 30 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Javan Wilson, Special Agent in Charge of the U.S. Department of Treasury, Office of Inspector General, made the announcement after U.S. District Judge Rossie D. Alston, Jr. accepted the plea.

The Fairfax County Police Department, the Arlington County Police Department, the Prince William County Police Department, the City of Hyattsville (MD) Police Department – Criminal Investigations Section, and the U.S. Department of Homeland Security, Homeland Security Investigations also provided significant assistance in this investigation.

Assistant U.S. Attorney Kimberly Riley Pedersen is prosecuting the case. Former Assistant U.S. Attorney Carina Cuellar provided significant assistance to the investigation and prosecution of this case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:23-cr-154.

 

 

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Man Pleads Guilty to Defrauding D.C. Mortgage Assistance& Foreclosure Prevention Program

Stephanie Abbott —  September 18, 2023 — Leave a comment

Maron Moss, Jr., 49, Miami, Florida, pleaded guilty today in Superior Court to one count of first-degree fraud for a scheme in which he stole more than $31,920 from the District of Columbia’s HomeSaver program, a foreclosure prevention program administered by the D.C. Housing Finance Agency and funded by the U.S. Department of Treasury.

            According to the government’s evidence, Moss, a former DC resident, applied for mortgage assistance for his Washington, D.C. home in 2018, and then submitted recertifications for continued program eligibility on six separate occasions between 2018 and 2019.  Moss represented that he was suffering from financial hardship, was unemployed, and that his only source of income was unemployment benefits. Based on these representations, the D.C. Housing Finance Agency made more than $31,920 in monthly mortgage payments directly to Moss’s mortgage service companies. But Moss was, in fact, employed when he applied for the program, as well as during the entire period that he recertified his program eligibility, earning approximately $239,743 in income from at least five different employers during the relevant 20-month period.

            The Honorable Heidi Pasichow accepted Moss’s guilty plea and scheduled sentencing for December 5, 2023. As part of the plea agreement, Moss agreed to pay full restitution.

U.S. Attorney Matthew M. Graves, Principal Deputy Inspector General Melissa Bruce, of the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP), and Inspector General for the District of Columbia Daniel W. Lucas made the announcement.

            In announcing the guilty plea, U.S. Attorney Graves, Principal Deputy Inspector General Bruce, and Inspector General Lucas commended the work of those who investigated the case from SIGTARP and the Office of Inspector General.  They also acknowledged the efforts of Assistant U.S. Attorneys Benjamin D. Bleiberg and Brian P. Kelly who investigated and prosecuted the case.

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Man Pleads Guilty To Conspiracy To Mortgage Fraud

Stephanie Abbott —  September 14, 2023 — Leave a comment

Carlos Ferrer, 46, Tampa, Florida, has pleaded guilty to one count of conspiracy to commit bank fraud.

According to the plea agreement, Ferrer, co-conspirator Maria Del Carmen Montes, and others conspired to create and executed a mortgage fraud scheme targeting financial institutions. To ensure that otherwise unqualified borrowers were approved for mortgage loans, the conspirators created fictitious and fraudulent paystubs and IRS Form W-2s in the names of companies for which the borrowers had never worked. The bogus income documents falsely indicated that borrowers had worked at these companies, including companies formed and controlled by Ferrer, for a certain period and earned income that they had not. These fictitious paystubs and W-2s were submitted to the financial institutions who relied on them when making underwriting decisions.

To further deceive the mortgage lenders, Ferrer filled in the false employment and employment and income on Verifications of Employment (VOE) sent by the financial institutions. Ferrer then falsely certified and emailed VOEs sent by the financial institution in the names of borrowers that he knew did not work for his companies and lied to the financial institutions during verbal VOE verifications. Based on Ferrer’s misrepresentations, the financial institutions approved and funded the mortgage loans.

Ferrer faces a maximum penalty of 30 years in federal prison. A sentencing date has not been set.

This case was investigated by the Federal Housing Finance Agency – Office of Inspector General, the U.S. Department of Housing and Urban Development – Office of Inspector General, and the Federal Bureau of Investigation. It is being prosecuted by Special Assistant United States Attorney Chris Poor.

 

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Man Admits Conspiring to Commit Mortgage Fraud

Stephanie Abbott —  September 6, 2023 — Leave a comment

Cabral Simpson, 46, Orange, New Jersey, pleaded guilty by before U.S. District Judge Kevin McNulty to Count One of an indictment charging him with conspiring to commit wire fraud.

According to documents filed in the case and statements made in court:

Simpson, a real estate investor, and his conspirators engaged in mortgage fraud by creating fake bank statements and fake employee verification records for buyers of properties and transferring money into the buyers’ bank accounts for payment of the deposit for a property. Simpson and his conspirators submitted fraudulent mortgage loan applications, supporting documents, and closing documents on behalf of the buyers. They also induced lenders to issue more than $1 million in loans, resulting in defaults and exposing the lenders and the U.S. Department of Housing and Urban Development to more than $1 million in losses.

The charge of conspiracy to commit wire fraud to which Simpson pleaded guilty is punishable by a maximum potential penalty of 20 years in prison and a fine of the greater of $250,000, twice the gross profits to Simpson or twice the gross loss suffered by the victims. Sentencing is scheduled for Jan. 10, 2024,

U.S. Attorney Sellinger credited special agents of the U.S. Department of Housing and Urban Development – Office of the Inspector General, under the direction of Special Agent in Charge Christina D. Scaringi in Newark, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorney Andrew Kogan of the U.S. Attorney’s Office Cybercrime Unit in Newark.

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UBS Agrees to Pay $1.435 Billion for Fraud in the Sale of Residential Mortgage-Backed Securities

Stephanie Abbott —  August 14, 2023 — Leave a comment

UBS AG and several of its U.S.-based affiliates (together, UBS) have agreed to pay $1.435 billion in penalties to settle a civil action filed in November 2018 alleging misconduct related to UBS’ underwriting and issuance of residential mortgage-backed securities (RMBS) issued in 2006 and 2007.

Following an extensive investigation, the United States filed a complaint alleging that UBS defrauded investors in connection with the sale of 40 RMBS issued in 2006 and 2007. The complaint alleged that UBS knowingly made false and misleading statements to buyers of these securities relating to the characteristics of the mortgage loans underlying the RMBS in violation of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA). The FIRREA claims were based on alleged violations of the mail, wire, and bank fraud statutes.

The government’s complaint alleged that contrary to UBS’ representations in publicly filed offering documents, UBS knew that significant numbers of the loans backing the RMBS did not comply with loan underwriting guidelines that were designed to assess borrowers’ ability to repay. The complaint further asserted that UBS knew that the property values associated with a significant number of the securitized loans were unsupported, and that significant numbers of the loans had not been originated in accordance with consumer protection laws. UBS was allegedly aware of these significant problems because it had conducted extensive due diligence on the underlying loans prior to the RMBS being issued to determine whether the loans were consistent with representations that would be made to investors. Ultimately, the 40 RMBS sustained substantial losses.

“In the wake of the 2008 financial crisis, people all across the country experienced financial ruin and emotional devastation, and many are still recovering nearly 15 years later,” said Associate Attorney General Vanita Gupta. “As this settlement demonstrates, the department and our partner agencies remain committed to holding accountable those who break the law and undermine the well-being of American families.”

“The results achieved by the RMBS Working Group are a testament to the exceptional dedication and hard work by department attorneys over many years,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We are grateful for the outstanding support provided by our partners in federal agencies and states that similarly sought to hold responsible those entities that contributed to the 2008 financial crisis.”

“With this resolution, UBS will pay for its conduct related to its underwriting and issuance of residential mortgage-backed securities. The substantial civil penalty in this case serves as a warning to other players in the financial markets who seek to unlawfully profit through fraud that we will hold them accountable no matter how long it takes,” stated U.S. Attorney Breon Peace for the Eastern District of New York. “The over $36 billion collected for conduct that fueled the 2008 financial crisis reflects the Department of Justice’s deep commitment to protecting financial markets, investors and the public against fraudulent conduct.”

“This settlement represents accountability from those who thought they were above the law,” said U.S. Attorney Ryan Buchanan for the Northern District of Georgia. “UBS’ conduct at issue in this case played a significant role in causing a financial crisis that harmed millions of Americans. We will continue to seek accountability when financial institutions – large or small – misrepresent vital information to investors and undermine trust in our public markets.”

This settlement resolves the last case brought by a Justice Department working group dedicated to investigating conduct of banks and other entities for their roles in creating and issuing RMBS leading up to the 2008 financial crisis.

“The Federal Housing Finance Agency Office of Inspector General (FHFA-OIG), together with our RMBS Working Group partners, investigated and held accountable those who sought to victimize Fannie Mae, Freddie Mac and investors by selling fraudulent mortgage-backed securities,” said FHFA Inspector General Brian Tomney. “We appreciate our longstanding partnership with the Department of Justice and its vigorous pursuit of justice in this case.”

With the UBS settlement announced today, the Justice Department has collected more than $36 billion in civil penalties from entities for their alleged conduct in connection with mortgages securitized in failed RMBS leading up to the 2008 financial crisis. These resolutions include settlements with the following banks, mortgage originators, and rating agencies: Ally Financial; Aurora Loan Services; Bank of America; Barclays; Citigroup; Credit Suisse; Deutsche Bank; General Electric; Goldman Sachs; HSBC; JPMorgan; Moody’s; Morgan Stanley; Nomura; Royal Bank of Scotland; S&P; Société Générale; and Wells Fargo.

Collectively, these matters were handled by 11 U.S. Attorneys’ Offices and the Justice Department’s Civil Division, in conjunction with the RMBS Working Group. The RMBS Working Group was a federal and state law enforcement effort focused on investigating fraud and abuse in the RMBS market that led to the financial crisis. Formed in 2012, the RMBS Working Group brought together more than 200 attorneys, investigators, analysts, and staff from dozens of state and federal agencies, including the FHFA-OIG, the Department of Housing and Urban Development, the Office of the Special Inspector General for the Troubled Asset Relief Program, the Securities and Exchange Commission, and the FBI, to investigate financial fraud in RMBS.

Assistant U.S. Attorneys Bonni J. Perlin, Michael J. Castiglione, Richard K. Hayes, Edward K. Newman and Melanie Speight for the Eastern District of New York, Austin M. Hall and Andres H. Sandoval, and former Assistant U.S. Attorney Armen Adzhemyan for the Northern District of Georgia handled the case.

The claims resolved in the settlement are allegations only and there has been no determination of liability.

 

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Mortgage Loan Officer Sentenced For Bank Fraud

Stephanie Abbott —  August 14, 2023 — Leave a comment

Omayra Ujaque , 52, St. Cloud, Florida, has been sentenced to two years and eight months in federal prison for bank fraud and aggravated identity theft.

According to evidence presented at trial, Ujaque, in her capacity as a licensed mortgage loan officer, created and executed a mortgage fraud scheme targeting the financial institution where she worked. To ensure that otherwise unqualified borrowers were approved for mortgage loans, Ujaque falsified the borrowers’ income by fabricating or inflating the amounts of their monthly child support payments on mortgage loan applications that she signed and certified to the financial institution’s underwriting department. In furtherance of her scheme, Ujaque created fictitious Final Judgments of Dissolution of Marriage and Final Orders Modifying Child Support that fraudulently represented that the borrowers were entitled to receive non-existent monthly child support payments. Ujaque then used the names of judges from the Circuit Court of the Ninth District of Florida and forged their signatures on the fabricated Final Judgments of Dissolution of Marriage or Final Orders Modifying Child Support. Ujaque also created bogus Florida Department of Revenue statements listing fraudulent monthly child support payments, as well as phony prepaid debit card statements listing fake borrower withdrawals of the non-existent monthly child support payments.

In most cases, the borrowers did not have the listed children and/or had never been married. Ujaque submitted bogus paperwork to the financial institution to support the false monthly income on the loan applications. Based on Ujaque’s misrepresentations, the financial institution approved and funded the mortgage loans.

Ujaque was convicted at trial on April 13, 2023.

This case was investigated by Federal Housing Finance Agency – Office of Inspector General, the United States Department of Housing and Urban Development – Office of Inspector General, and the Florida Office of Financial Regulation. It was prosecuted by Special Assistant United States Attorney Chris Poor.

 

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Man Pleads Guilty In Nationwide Mortgage Fraud Scheme

Stephanie Abbott —  July 31, 2023 — Leave a comment

Brian Roy Lozito, 53, Orange Park, Florida, has pleaded guilty to conspiracy to commit wire fraud.

According to court documents, Lozito owned and managed American Investigative Services (AIS). AIS purported to offer consumers mortgage auditing services in exchange for a fee. Lozito and his conspirators solicited customers nationwide through mailings and telephone calls. In these solicitations, Lozito and AIS employees, under the direction of Lozito, made false and fraudulent representations to consumers, including that AIS would perform “forensic audits” of mortgage documents to uncover evidence of deficiencies in the mortgage documents. Lozito claimed AIS would obtain quitclaim deeds and other remedies, so the mortgage holders would be relieved of their mortgage debt and own their properties free and clear. If AIS could not help the consumer, Lozito promised to refund their money. In reality, AIS did not perform the services paid for by consumers and did not refund money to consumers. Funds collected from consumers went to bank accounts controlled by Lozito. Lozito used the funds to keep AIS operating and for personal expenses.

Lozito faces a maximum penalty of 20 years in federal prison and payment of restitution to the victims he defrauded. Lozito was arraigned on the indictment on January 11, 2021, and initially released on bond. The court revoked his bond on November 18, 2022, and subsequently ordered him detained. A sentencing date has not yet been set.

United States Attorney Roger B. Handberg made the announcement.

This case was investigated by United States Secret Service – Jacksonville Field Office and the State of Florida Office of Attorney General – Consumer Protection Division, with valuable assistance from the Clay County Sheriff’s Office. It is being  prosecuted by Assistant United States Attorney the Kevin C. Frein. The asset forfeiture is being handled by Assistant United States Attorney Mai Tran.

 

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Women Sentenced For Fraudulent Gift Letters In Support of Mortgage Loan Applications

Stephanie Abbott —  July 12, 2023 — Leave a comment

Lee Ann Benninghoff, 45, Aliquippa, Pennsylvania, has been sentenced in federal court to one (1) day of imprisonment and three (3) years of supervised release on her conviction of bank fraud and conspiracy.

According to information presented to the court, Benninghoff owned and operated Complete Escrow and Bella Casa Realty. From February 2014 through March 2017, Benninghoff used her position and connections in real estate financing, and conspired with others in the industry, to submit fraudulent gift letters in support of mortgage loan applications. The gift letters misrepresented the source of the funds and their purported purpose.

United States Attorney Eric G. Olshan made the announcement today.

Assistant United States Attorney Robert S. Cessar prosecuted this case on behalf of the government.

United States Attorney Olshan commended the Federal Housing Finance Agency Office of Inspector General, the U.S. Department of Housing and Urban Development Office of Inspector General, and the U.S. Secret Service for the investigation leading to the successful prosecution of Benninghoff.

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