Rachel Dollar is an attorney and Certified Mortgage Banker who handles fraud recovery litigation for lenders and secondary market investors nationwide. She is a nationally recognized speaker on the topic of mortgage fraud. Ms. Dollar is licensed to practice law in California and maintains offices in Santa Rosa, California. Email Ms. Dollar

Mortgage Fraud Blog is co-sponsored by Interthinx the leading provider of fraud services and solutions for the mortgage industry.

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Close Door on Real Estate Fraud

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Recent Posts

- 16 Indicted In New York Mortgage Fraud Scheme
- Mortgage Fraud Scheme Leads to Prison Term for Houston Man
- Loan Officer Sentenced to 41 Months in Prison for Mortgage Fraud
- Phoenix Mortgage Broker Who Defrauded Seniors Gets Prison Term
- Jeffrey Miller Trial Begins in Topeka, Kansas
- Man Sentenced To 22 Years For Defrauding Church, Among Others
- 2 Indicted In Major Mortgage Fraud Scheme
- Mortgage Broker Sentenced to 12 Months Home Confinement
- 2 Guilty Convictions In NY Foreclosure Rescue Scam
- Guilty Plea In Multi-Million Dollar Mortgage Fraud And Telemarketing Schemes

Friday, January 28, 2005

Former Settlement Agent Investigated

Stewart Title Filed Suit for Misappropriation

The Westmoreland County Pennsylvania District Attorney is investigating Susan Dougherty, Hempfield Township, Pensylvania a former Greensburg real estate settlement agent who is accused in a civil lawsuit by Stewart Title Insurance Co., of Texas of misappropriating nearly $700,000 for her personal use. The civil complaint filed alleges Dougherty stole $682,000 through her firm, Dougherty Settlement Services.

Last week, First Commonwealth Bank of Indiana filed a mortgage foreclosure against Dougherty, alleging she failed to pay the nearly $33,000 balance of the mortgage on a Greensburg house she purchased in 2001.

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Updates on Indiana Indictments

Police Officer Resigns and Other News

Officer James McClung decided to retire and resigned immediately from his position with the Indianapolis Police Department after being indicted earlier this week. Officer Michael C. Smith was placed on unpaid suspension pending review by the merit board. For more, visit the WISH-TV Article There are also a couple pictures of the flip properties:
image
The Indystar is also running an article that has a detailed description of one of the flip transactions and provides the …

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Thursday, January 27, 2005

Ten Indicted in Indiana Mortgage Fraud

Three Police Officers Allegedly Involved

Ten people, three of them police officers, were indicted on charges of conspiracy, wire fraud and money laundering in connection with a mortgage fraud scheme involving 43 properties in Indianapolis (34), Marion (8) and Fairmont (1), Indiana.

Those charged were:
Joseph Britton, 45, Indianapolis, Indiana
Robert Carter, 34, Marion, Indiana (Marion Police Officer)
Pamela Martinez, 35, Minneapolis, Minnesota
James McClung, 34, Indianapolis, Indiana (Indianapolis Police Officer - borrower on 13 properties)
Valerie McNair, 43, Marion, Indiana

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Five Sentenced in ID Theft Ring

Four Year Sentence for Ringleader

The conspirators in a scheme to steal credit report profiles of more than 3,500 customers of Weichert Financial Services, Inc., Morris Plains, New Jersey were sentenced to prison: 

Ronald Hyppolite, Irvington, New Jersey:  55-month prison sentence

Marie Louissaint
, Haiti, 12 month prison sentence.

Juno Geneus, 25, Haiti, 33 month prison sentence

Allen Cadestin, 23, Irvington and Allentown, Pennsylvania, 16 month prison sentence

Michelet Alexis, 33, Brooklyn, New York, probation.

All defendants were ordered to pay restitution of approximately $30,000.

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Loan Officer Arrested

Accused of Defrauding Refinance Clients

Edgar Mauricio Berrazueta, 43, an assistant loan officer at Pacific First Bancorp in Oxnard, California was charged with grand theft, forgery, manufacture of false identification documents and attempting to dissuade witnesses, in connection with allegations that he promised homeowners lower monthly payments through refinancing.  Instead, the refinance loans had higher payments.  He is also accused of diverting cashouts on several refinances and pressuring victims not to bring charges. 

   

Baltimore City Mortgage Broker Pleads Guilty

Last Conviction in Flipping Scheme

Pantelis I. Pete Karsos, 45, Towson, Maryland plead guilty to mail fraud in connection with a mortgage fraud scheme involving flips in Baltimore City, Maryland.  Sentencing is scheduled for March 25, 2005.
It was alleged that from approximately April, 1998 to December, 1999, Knoll Housing, a company owned by Karsos, purchased Baltimore City properties at low prices and flipped them at inflated prices.  Nations Mortgage, another Karsos company, acted as the mortgage broker.  Anthony J. DiChiara, 41, Westminster, Maryland, the appraiser, plead guilty to mail fraud and was sentenced to …

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Massachusetts Man Charged with Identity Theft

Obtained Information from Refinance Transaction

Richard P. Blaustein, 54, Lincoln, Massachusetts was charged with unauthorized practice of law, larceny, identity fraud and forgery.  It is alleged that Blaustein defrauded a Boston woman by using personal financial information he had obtained while assisting her in refinancing her mortgage to purchase a vehicle and and complete other fraudulent transactions. 

   

Wednesday, January 26, 2005

Former Danville Loan Officer Sentenced for Bank Fraud

Urbana, IL - A former loan officer, Charles Boyer, age 45, of 604 Stratford Drive, Washington, Illinois, was sentenced today to a term of 14 months in prison for bank fraud, as announced by Jan Paul Miller, United States Attorney for the Central District of Illinois. Chief U.S. District Judge Michael P. McCuskey also ordered Boyer to pay restitution in the amount of $132,670.79. Further, for a period of 10 years, Boyer will be prohibited from employment by and/or ownership of stock in a federally insured financial institution.
Boyer pled guilty on August 3, …

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Essex Grand Jury Indicts Attorney For Theft Of Client Funds

An Essex County Grand Jury returned a five count indictment charging Michael Scoon, 52, attorney, Union, New Jersey with two counts of Third Degree Theft by Failure to Make Required Disposition of Property Received, two counts of Third Degree Misapplication of Entrusted funds and one count of Fourth Degree Forgery.

The indictment alleges that , who had a law practice in Maplewood, misappropriated funds totaling $49,689.72 that were being held in his attorney trust account on behalf of three clients. In February 2002, Scoon settled a personal injury case without his clients, Alvain and Cherril Rogers, …

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Erpenbeck Bankers Sentenced

Restitution Order Will Follow

John Finnan, 51, former president and co-founder of now defunct Peoples Bank of Northern Kentucky was sentenced to 5 years and 3 months in federal prison and Marc Menne, 48, executive vice-president of the same institution was sentenced to 4 1/2 years in connection with their role in the Erpenbeck mortgage fraud. Finnan and Menne pleaded guilty in June to three felonies each arising from their actions in keeping Erpenbeck Co. including allowing overdrafts and making unauthorized loans.  Finnan and Menne also ran a company known as JAMS Properties that bought …

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Tuesday, January 25, 2005

PinnFund Executive Sentenced

Five Years and Restitution

Keith G. Grubba, 42, was sentenced to five years and three months in federal prison and ordered to pay approximately $187 million in restitution to victims after pleading guilty to conspiracy to commit wire fraud, conspiracy to commit money laundering, tax evasion and making false statements to HUD.
Grubba was the president of PinnFund, Carlsbad, California.  Authorities contend co-defendants Michael Fanghella and James Hillman promised 160 investors significant returns on over $300 million they invested in PinnFund to fund mortgage loans.  The money was used to cover operating losses, pay …

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Monday, January 24, 2005

Federal Judge Levies Sanctions in Mortgage Elimination Scheme

Click Here - Judge Alsup’s Order - Available on Mortgage Fraud Blog

U.S. District Judge William Alsup, Northern District of California Federal District Court, issued a ruling in the ongoing Mortgage Elimination Cases last week. 

The cases, which were filed on behalf of various trusts holding title to properties (trustees were Scott Heineman and Kurt Johnson) in the Northern District of California, alleged various predatory lending and RICO causes of action against lenders.  The judge dismissed previously dismissed one of the actions without leave to amend and sanctioned the attorney for the trust.  The remaining cases were voluntarily dismissed and the lenders sought orders for attorney fees in …

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State Expects to File Criminal Charges

Flipping Scheme in New Jersey

The New Jersey Attorney General’s Office expects to file criminal charges against Barry C. Fauntleroy, who headed a multimillion-dollar property-flipping operation in North Jersey.
In May 2002, the state of New Jersey brought a civil action for predatory lending against Fauntleroy and his real estate companies along with a number of mortgage brokers and appraisers, alleging they used high-pressure sales tactics to induce disadvantaged home buyers to purchase dilapidated at grossly inflated prices.  The transactions occurred in Newark, Irvington, East Orange, Union and elsewhere.  The civil case is awaiting trial.  The claims against two …

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Capital Title Placed in Receivership

Company has $6.5M Deficit

Capital Title Co.,, St. Louis, Missouri, was shut down and placed in receivership last week.  According to court documents, the company has been bouncing checks for six months and has a $6.5M deficit.  The St Louis Post Dispatch article states that one of two of Capitals underwriters is investigating for alleged diversion of escrow funds and that sources close to the case have said that funds were stolen from the company.  According to court receivership documents, over the past 18 months, Capital failed to pay Land Title $600,000 …

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Small Receives Small Sentence

Testify Against Your Husband - Stay out of Prison

Kelli B. Small , Broomfield, Colorado was sentenced to probation and 160 hours of community service for her role in a mortgage fraud scheme in Denver, Colorado - she and her husband (along with several other people) were accused of stealing the identities of people who responded to help wanted ads and using those identities to obtain loan proceeds. 

This sentence was a result of a plea bargain that includes Small‘s cooperation and testimony against her husband. 

Previous posts on this story:

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TRIAL COVERAGE

Trial coverage provided by Anne Mitchell, Crazy Fish Realty.

 

Wednesday, November 19, 2008

Synopsis of Day 2, Tuesday, November 18, 2008
Seating the Jury: The jury selection process was the order of business in day 2 of the USA v. Miller, et al. Court began at 1:00 p.m. The jurors had filled out a questionaire the previous day. The 56 person pool was narrowed to 42 people whose names were called by the court clerk. Of the initial 42 potential jurors, 27 are women, 15 are men. The remaining 14 sat in the observation area with me. The side of the courtroom is divided by an aisle. The Government is to the left of the aisle, along with the jury box. The defendants are on the right side of the aisle. The choice of which side to sit on can be assumed as 'support' of one side or the other. When the jury pool returned from a break, they all filled the left side of the observation area (where I sat) and almost begrudgingly filled the right side. For the better part of the afternoon, Judge Julie Robinson questioned the jurors about whether they had served on a jury before (including any civil matters against banks. Interestingly, this was the only question in which none of the potential jurors raised their hand), their prior criminal or civil history, among other things. Many of the jurors had previous jury experience. None had been forepersons on those juries. On a few occasions, Judge Robinson excused a juror due to answers given, such as financial hardship over the course of the trial from loss of income. One juror explained that he had a close relationship with Court prosecutors due to his sitting through a murder trial of his nephew. He was unsure whether he could be impartial. When the judge would excuse a juror, the clerk would then call the next name of the 14 remaining jury pool members. The 42 were then given a sheet and asked to stand and tell the Court about their education, job, marital and family status, hobbies, favorite TV shows, military history, and what clubs they belonged to. This took the longest part of the day as some of the members spoke at length. Mr. Vanatta remains in custody. He enters and leaves the courtroom with law enforcement officers. The two officers sit 3 feet away from Vanatta during the court proceedings. Mr. Vanatta clearly struggles to keep up with reviewing jury questionaires unlike the other defendants who are free pending the outcome of this trial. Hallie Irvin sits across from Mr. Vanatta. They continue to chat and exchange notes throughout the day. Samantha Harris has no conversation with her tablemate, F. Jeffrey Miller. Harris's attorney sits between the two. I am unsure whether the jurors have yet to identify Miller. He is better dressed than his lawyers and appears to be an attorney. There is a jury consultant in the court room. Aside from myself, he was the only non-jury pool member in the observation area of the courtroom. One of Miller's attorneys', Mr. Bradshaw, appears to be bothered by my presence in the courtroom. On Monday, he approached me in the courtroom. I told him I was simply there to observe the trial. On Tuesday, at one point Mr. Bradshaw 'squared his chair' towards me. Court is not in session today, Wednesday, November 19th. On Thursday, court will reconvene at 9 am. The attorneys will be allowed to ask further questions of the 42. In case of conflict, the remaining 14 are required to return to court as well. Then, the jury members will be selected. The opening statements are much anticipated. Judge Robinson says they will begin mid-morning on Thursday. -article by field reporter, Anne Mitchell, Crazy Fish Realty

More Trial Coverage

Today's News

Some Sources require Registration.

 

Suthers Cracks Down On Mortgage Fraud
Rocky Mountain News - Denver, CO
Suther’s office also indicted 10 individuals last March in an $11 million mortgage fraud ring involving 34 local properties...Several other investigations of mortgage fraud are ongoing.

Tech Roundup: Interthinx Tackles Conflict-of-Interest Fraud
HousingWire.com
Agoura Hills, Calif.-based Interthinx, Inc., a provider of risk mitigation and regulatory compliance tools, announced last week the addition of 21 new conflict-of-interest alerts within its FraudGUARD scoring system that identify possible collusion between loan participants.

Sex, Lies, and Subprime Mortgages
BusinessWeek
The sexual favors, whistleblower intimidation, and routine fraud behind the fiasco that has triggered the global financial crisis

More Residents Worry About Mortgage Fraud
Killeen Daily Herald - Killeen, TX
Special Agent Matthew Gravelle is an experienced fraud investigator in the Austin office of the FBI's San Antonio Division. During the last five years, mortgage fraud cases have piled up because of the collapsing mortgage market.

Anti-Mortgage Fraud Law Jams Up Realtors
Bizjournals.com - Charlotte, NC
The situation mainly affects short sales, where the asking price is lower than what the homeowner owes on the mortgage. If the homeowner is 60 days delinquent on payments, the home may be considered a “distressed property” under the state Mortgage Rescue Fraud Prevention Act that took effect July 1.

Hearing Delayed for 2 Mortgage Brokers Accused of Fraud
Las Vegas Sun - Las Vegas, NV
The preliminary hearing for two Henderson residents accused of mortgage fraud has been pushed back to March because of the defense attorney's involvement in the O.J. Simpson trial in October.

Foreclosure Fallout: Avoid Mortgage Scams, Fraudulent Schemes
KOLD-TV - Tucson, AZ
Thousands of people in Pima County are facing foreclosure...The U.S. Justice Department is cracking down on mortgage scams. So far this year, more than 400 people have been charged with fraud and other mortgage related crimes.

Task Force Will Fight Mortgage Fraud
St. Louis Post-Dispatch - MO
The U.S. attorney's office in St. Louis announced Wednesday that it was forming a task force to combat mortgage fraud. The effort is intended to "cast a broader net so that we can catch more of these criminals and put them behind bars," U.S. Attorney Catherine Hanaway said in a prepared statement.

Interthinx(R) Identifies Potential Collusion in Mortgage Applications
MarketWatch - USA
Interthinx(R) announces the addition of 21 new conflict-of-interest alerts within its proven FraudGUARD(R) scoring system that identify possible collusio