Wednesday, September 26, 2007
2 Plead Guilt in Florida Fraud Scheme
Justin D. Barker, 31, and Robert W. Hulbert, Jr., 45, both of Jacksonville, Florida, pleaded guilty to conspiracy to commit wire and bank fraud. The maximum penalty faced by both individuals is 30 years imprisonment, a fine in the amount of $1 million, a term of supervised release of up to five years, and special assessment of $100.
According to the plea agreements and the criminal information, between January 2005 and June 2006, Barker negotiated with sellers of residential real estate properties, who executed Purchase and Sale Agreements to sell their properties at a given price. A co-conspirator, who was a licensed real estate appraiser, then fraudulently appraised the properties at substantially higher amounts than those stated on the Purchase and Sale Agreements. The conspirators provided a second, fraudulent, Purchase and Sale Agreement—showing the inflated appraisal price—along with various fraudulent loan application documents, to lenders, including federally insured lending institutions. Based on the fraudulent documents, the lenders approved loans in the amounts of the inflated appraisals.
The properties included:
13782 Sand Pebble Ct. Jacksonville, Florida;
1994 Norton Hill Dr., Jacksonville, Florida; and
19098 W 164th Terrace, Olathe, Kansas.
Hulbert, as the manager of the Jacksonville branch of Nations Title Agency of Florida, operated as the closing agent for the transactions. At the closings, Hulbert would disburse funds from the lenders, providing the sellers with checks in the amount of the original sales prices, and providing the remainder of the loan funds—the proceeds of the fraud—to one or more of the conspirators.
The fraudulently obtained mortgages resulted in lenders extending approximately $17.7 million in mortgage loans, which would not have been approved but for the fraudulent documents. The conspirators grossed approximately $4.024 milion in proceeds from the fraudulent transactions.
The case was investigated by the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorneys Susan Humes Raab and Arnold B. Corsmeier.
mortgage fraud
What happened to the appraiser / co-conspirator?
Posted by on 10/17 at 04:23 PM
This is so great he is getting punished. The last house he ‘owned’ was on my street, and scary enough, two doors down. I remember he bought it under a different name, moved in, and moved out months later. While he was there though, he rode his motorcycles around. He cleaned his Escalade one a week. He threw parties. He also had this annoying litle dog named Higgins who always pooped in my neighbors yard and he never cleaned it up. I’m pretty sure he had a Louis Vuitton collar for his dog too. Then he left. There was a U-Haul in front of his house for a few days and then he was gone. If you peer through the windows of the house now, you can tell he tried to flip it. He colored the walls lime green, bright yellow, and neon blue. It is not the prettiest colors to paint walls. There are also beer bottles he left there. I feel bad for the family that sold it to him. Well, it’s good he is going to jail. He deserves it. The address I’m referring to is not on here though.
Posted by on 06/18 at 04:27 PM
My brother and myself were both victims to these guys and both still have homes in our names that we’re currently trying to “short sell”. Of course the banks want to hold us responsible for their losses. What can we do or who can we contact for help with this? We feel lost and helpless. I mean these guys get their prison time and that is some feeling of justice for us. However, our credit and financial futures are a mess with no light at the end of the tunnel. It just doesn’t seem right that the banks all get bail out money and we (also victims not just the banks) are still held fully responsible with no “bail out” help at all. We’re out of money and have no idea where to seek help with this. Can someone please shed some light on this for me?
Posted by on 02/16 at 08:41 AM
Some guys who are my neighbours are cheated by the estate company.But they have not any evidence to ask the company to return back the money.Is there any advice to them?Many thanks.
Posted by on 07/12 at 06:55 PM
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Trial coverage provided by Anne Mitchell, Crazy Fish Realty.
F. Jeffrey Miller Update - October 20, 2009
A hearing was held in Topeka, Kansas in front of Judge Julie Robinson. Miller is currently being held pending his sentencing which is set for December 22nd, 2009 at 9:00 a.m.. Steve Vanatta and Hallie Irvin, Miller's codefendants, will be sentenced at that time also.
Several motions were heard this week. One was a motion for Miller to be released pending his sentencing. Miller's attorney, Jeff Morris, argued that the court had dismmissed with predjudice the matter involving Miller's purchase of a commercial lawnmower, violating the court ordered monitoring agreement. He also argued that Miller was not a flight risk and should be released. This motion was denied.
Another motion heard by Judge Robinson was that of an escrow account containing proceeds from the sale of Miller's forfeited assets. This account has a balance of $143,000. Attorney Morris argued that his firm was due $100,000 for work done in the Miller matter, to date. The government argued that his 'un-itemized fees' were 'exhorbitant'. The balance of the funds, Morris argued, should be released to the Miller family to help pay for mounting household expenses.
The government argued that the 'Asset Forfeiture Provision' applies down to 'the last penny' and that 'the rights of the victims to made whole are of paramount immportance' and that no routine household expenses like Visa bills, are allowed.
Attorney Morris argues that there is more than enough assets to satisfy the jury's judgement of $2.65 million dollars. The government argues that the estimated value of his assets are only $1.4 million.
The government also stated that Miller has been paid dividends from a company Miller has an ownership interest in; Boreflex. From July, 2008 to present, Miller has been paid $330,509.30 from Boreflex, unbeknownst to the court appointed monitor.
Present in the courtroom was Todd Earnshaw. Earnshaw was indicted along with Miller and others in what is commonly referred to as 'Miller I'. That trial is scheduled to begin on January 11, 2010 in Topeka, Kansas.
More Trial Coverage
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