Aaron Michael Hymas, 38, and Tiffany Kim Hymas, 37, former Treasure Valley, Idaho, residents now living in Bountiful, Utah, pled guilty in United States District Court in Boise, Idaho, to one count of wire fraud.
According to the plea agreements, the defendants admitted that on March 28, 2007, they schemed to defraud a lender by having Tiffany Hymas submit a residential loan application for $295,600, wherein she misrepresented that she was employed by OPM Enterprises with 2.6 years on the job; that she had income and commissions of $72,500 per month; and that she had gross rental income of $14,600 per month from four properties located in Meridian, Nampa, and Boise. Based on these misrepresentations, the loan was funded by Taylor, Bean, and Whitaker Mortgage Corporation. The defendants admitted that Tiffany Hymas‘ statements were false and material to the loan application and that they knew the statements were false at the time she made them.
The defendants face up to 20 years in prison, a maximum fine of $250,000, and up to three years of supervised release. Sentencing is set for January 14, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
In a related case, sentencing is set for October 25-26, 2012, for Travis Richard Hymas, 29, Cedar Hills, Utah, formerly of Meridian, Idaho. A federal jury convicted Hymas on June 22, 2012, on five counts of wire fraud related to mortgage fraud. During the eight-day trial, the jury heard evidence that between November 2006 and March 2007, Hymas defrauded five lenders on nine residential loans valued at approximately $1.7 million. According to court documents, Travis and his wife Season filed a bankruptcy petition on July 17, 2008, in United States Bankruptcy Court for the District of Idaho.
On March 19, 2009, a substantial amount of the debt they owed on the fraudulent loans was discharged by the bankruptcy proceeding. Season Hymas is set for trial in Boise on November 13.
The cases are part of an investigation of mortgage fraud activity related to Crestwood, which involved multiple defendants who bought and sold real estate in order to “flip” it, or gain profits from the sales. The financial institutions and mortgage lenders incurred substantial losses on the loan transactions.
To date, nine people have been sentenced in related cases, including Michael J. Hymas, Shauntee K. Ferguson, Christopher R. Georgeson, Stanley J. Ferguson, Brent Bethers, Shane Merlin Hymas, Laurie Krechelle Hymas, Melody C. Redondo, and Paul Redondo.
The cases were investigated by the Federal Bureau of Investigation and Internal Revenue Service-Criminal Investigation, with assistance provided by the Office of the United States Trustee and the Idaho Department of Insurance. The case is being prosecuted by the U.S. Attorney’s Office for the District of Idaho and the State of Idaho, Office of the Attorney General.
U.S. Attorney Wendy J. Olson announced the guilty pleas.
“False statements to banks and lenders in order to obtain home loans have undermined the integrity of our nation’s housing financing system,” said Olson. “These pleas move us closer to the conclusion of the long term investigation into the mortgage activities of those associated with Crestwood Homes. Federal and state law enforcement agencies and prosecutors in the District of Idaho are committed to working together to ensure that those who fraudulently obtain home loans for personal gain are punished.”
The announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF), which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory, and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state, and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions, and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.