Friday, November 30, 2007
2 NY Real Estate Attorneys Steal $200,000
Arelia Taveras, 46, Bloomington, Minnesota, and Mark Jacobs, 58, Glen Head, New York. Taveras, who is accused of stealing a total of $99,142 from four clients, is charged with three counts of third-degree grand larceny, second-degree forgery, first-degree offering a false instrument for filing and scheme to defraud. Jacobs is charged with second-degree grand larceny for allegedly stealing $91,564 from a client. If convicted, Taveras faces up to seven years in prison and Jacobs faces up to 15 years in prison.
District Attorney Brown said that, according to a criminal complaint, Taveras accepted $2,500 from a buyer as a contract deposit and an additional $22,500 as a down payment on a cooperative apartment in Bayside that the defendant was selling. It is alleged further that the buyer’s application was subsequently denied by the cooperative board, but when she tried to get her deposit back Taveras allegedly refused. After numerous requests, according to the criminal complaint, the buyer received a call from Taveras‘ lawyer stating that she would not repay the money and that she was in a rehabilitation center in Colorado.
In addition, according to the criminal complaint, Taveras is accused of ripping off three clients including one who retained her in connection with a real estate transaction. The complaint charges that Taveras failed to release $10,000 of the client’s money that was held in escrow. Another client was allegedly bilked of $30,000 after retaining the defendant to represent her in the sale of commercial real estate. And finally, Taveras is accused of stealing $34,142 from a third client who allegedly retained her to represent him in connection with a divorce proceeding.
It is further alleged that according to a videotaped statement submitted to the grievance committee of the New York State Appellate Division, Second Department, in response to one of the allegations of theft, Taveras said she took client money because of a gambling addiction and that she was remorseful. Later, she allegedly told detectives that she was a personal friend of the president of the Dominican Republic and that she could disappear in the Dominican Republic and never be found if she chose to do so. Taveras also allegedly told detectives that she could not believe she was being arrested, that the alleged thefts were not a big deal and that she would pay back all of the money. Taveras was disbarred in June 2007.
District Attorney Brown said that in a separate criminal complaint, Mark Jacobs is charged with stealing $91,564 from a client, who retained him in 2003 in connection with a divorce action. In the context of that proceeding, the client’s marital home was sold on May 23, 2006, and the defendant received the monies to be held in escrow. Jacobs was disbarred several months later, but allegedly failed to turn over the money to the client’s new attorney despite repeated demands.
Taveras was arraigned on November 23, 2007, before Queens Criminal Court Judge Alex Zigman who set bail at $20,000 and ordered the defendant to return to court on December 11, 2007. Jacobs is expected to be arraigned today in Queens Criminal Court in Kew Gardens.
District Attorney Brown said, “According to the charges, the defendants not only violated the trust that their clients placed in them but they let down the entire legal system which counts on members of the bar to conduct themselves in an ethical matter. Each of the attorneys has been disbarred, and each now faces serious criminal charges.”
mortgage fraud
Not as bad or as serious as the French 8 billion dollar rogue trader. Poor bank, hah!
Posted by on 02/12 at 01:59 PM
Even people that work within the law still fail to temptation. Greed is something we all must deal with. Always make sure you know who you are dealing with.
Posted by on 01/18 at 04:22 PM
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Some Sources require Registration.
Erie Area Mortgage Broker Gets Prison in Fraud Case
GoErie.com - Erie, PA
Shortly before receiving a nearly three-year federal prison sentence, former mortgage office manager Francis R. Conti told the judge he never meant to defraud any of the homeowners caught up in a widespread local mortgage-fraud scheme.
Three Former Portland-Area Mortgage Brokers Face Fraud Charges
OregonLive.com - Portland, OR
Joel D. Surprenant, Michael Duc Han and Benjamin Lucian Lucescu all were charged with one count of obtaining mortgage loans through materially false and fraudulent pretenses.
Shaker Pair Pleads Guilty to Mortgage Fraud Charges
Cleveland.com - Cleveland, OH
Two Shaker Heights residents recently pleaded guilty to charges involving a mortgage scheme with seven area houses and $3 million in fraudulent loans.
Feds File Charges in Five Mortgage Fraud Cases
Chicago Breaking News - Tribune - Chicago, IL
Federal charges were filed today against 37 people and four companies in five separate mortgage fraud cases.
Feds Fighting Back
Contra Costa Times - Walnut Creek, CA
Mortgage fraud has increased so dramatically in the San Joaquin Valley that a task force of federal, state and local agencies has been formed to fight back.
Private Investigator Sees Rise in Mortgage Fraud Due to Economy
PR Web - Ferndale, WA
In the past 12 months his firm has been retained to conduct over 300 mortgage fraud investigations, a 100% increase from 2007.
Former UGA, NFL Football Player Arthur Marshall Charged With Mortgage Fraud Claims
WJBF-TV - Augusta, GA
He is also accused of defrauding three banks in obtaining loans for seven different properties in Columbia and Richmond Counties.
Cuomo Subpoenas Loan Modification Companies
New York Times - United States
“The entire industry is a scam, in my opinion,” Mr. Cuomo said Tuesday. “These are services that homeowners don’t need to pay for in the first place.”
Defendant Pleads Guilty to Wire Fraud Relating to Mortgage Fraud Scheme
Imperial Valley News - Holtville, CA
Scavitti admitted that between 2003 and August 2008 he unlawfully diverted mortgage funds that were wire transferred into his client office account to his own personal benefit, resulting in losses in excess of $2.5 million.
Fed Drug Report: Double Trouble for Metro Chicago
ABC7Chicago.com - IL
...Chicago street gang members run a network of legitimate businesses and have engineered mortgage fraud schemes, both to launder drug proceeds...
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Trial coverage provided by Anne Mitchell, Crazy Fish Realty.
Update - US v. F. Jeffrey Miller, et al.
Miller II: Judge Julie Robinson has ruled in favor of the defense motion granting a continuance for sentencing of the 3 convicted defendants: F. Jeffrey Miller, Steve Vanatta and Hallie Irvin. The three will now be sentenced after ruling on post trial motions set for August 10, 2009.
Vanatta has been in custody for over 2 years. Vanetta filed a motion for his release pending sentencing. That motion was denied.
Miller remains free pending his sentencing. He has hired a new attorney who filed a motion to delay Miller's sentencing. In one post trial motion, the defense argues as to what assets are subject to seizure.
Defendant Todd Earnshaw is a Kansas City real estate Broker (and brother in law of Miller). Earnshaw has been indicted in what is commonly referred to as Miller I. A trial date for that matter has been set for January, 2010 in Topeka, Kansas.
The Government filed a motion to revoke Earnshaw's bond and remand him to custody while he awaits trial after learning that he allegedly committed the state crimes of Driving Under the Influence, Handicap Parking Violation and Failure to Control Speed to Avoid a Collision while on pretrial release. Notwithstanding finding that probable cause existed to believe that Earnshaw committed the aforementioned state crimes, Judge Robinson denied the motion, but ordered several strict conditions that Earnshaw must follow pending his trial.
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