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imageRachel Dollar, the editor of Mortgage Fraud Blog, is an attorney and Certified Mortgage Banker who handles litigation for lending institutions and secondary market investors. She is an author and a nationally recognized speaker on the topic of mortgage fraud. Ms. Dollar is a shareholder with the law firm of Smith Dollar, PC, is licensed to practice law in California and maintains offices in Santa Rosa, California. Email Ms. Dollar

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Friday, July 18, 2008

2 Women Sentenced to Long Prison Terms

Jamila Davis a/k/a Jamila Baker, 31, now of Queens Village, N.Y., who operated now defunct Diamond Star Financial Services, with offices in Leonia and later Fort Lee, New Jersey, was sentenced to 151 months in prison; Brenda Rickard, 54, Montclair, New Jersey, who formerly owned and operated MS Financial Services in Montclair and later in Verona, was sentenced to 121 months in prison. In addition to the terms of imprisonment, U.S. District Judge Jose L. Linares ordered Davis and Rickard to pay $12.4 million in restitution to the victim banks. Judge Linares revoked the bail for both women and ordered them to begin serving their prison terms immediately.

On Sept. 20, 2007, after two hours of deliberations, a jury convicted Davis and Rickard of conspiracy and six counts of bank fraud. As previously reported by Mortgage Fraud Blog, the seven-count indictment was returned in June 2005 and the case was tried by Assistant U.S. Attorneys Donna Gallucio and Jenny Kramer. Through the use of straw buyers, Davis and Rickard orchestrated a scheme to falsify loan applications and closing documents for million-dollar homes in Cresskill, Alpine and Saddle River, New Jersey to secure mortgages that were almost more than double the true purchase price of the homes.

Defendants Davis and Rickard managed and led more than nine other co-conspirators in this scheme, including five straw buyers, a mortgage broker, an attorney, an accountant and a real estate investor, almost all of whom testified at trial against them. According to the evidence introduced at trial, Davis and Rickard set aside a portion of the banks’ money to make 12 months of mortgage payments but, after having spent the money buying luxury automobiles, such as a Bentley, a Mercedes Benz and a BMW, the money ran out and they were unable to keep up with the payments or even purchase the eighth property.

In total, Davis and Rickard obtained more than $29 million. Subsequently, after the fraud was discovered and Lehman Brothers Bank, FSB and Commerce Bank seized and sold the over-valued collateral and the two houses that had been purchased in cash, with proceeds of the fraud, they were still left with millions of dollars in losses.

In determining the sentence, Judge Linares consulted the advisory U.S. Sentencing Guidelines, which provide appropriate sentencing ranges that take into account the severity and characteristics of the offense, the defendant’s criminal history, if any, and other factors. The judge, however, was not bound by those guidelines in determining a sentence. Parole has been abolished in the federal system. Defendants who are given custodial terms must serve nearly all that time.

“This is a long prison sentence that appropriately matches the breadth and complexity of the fraud committed by Davis and Rickard,” said U.S. Attorney Christopher J. Christie.

Christie credited Special Agents of the FBI, under the direction of Special Agent in Charge Weysan Dun, in Newark; the U.S. Postal Inspectors, under the direction of Postal Inspector In Charge David L. Collins; and the Special Agents of the IRS Criminal Investigations Division, under the direction of Special Agent in Charge William P. Offord.

The government was represented by Assistant U.S. Attorneys Donna Gallucio of the U.S. Attorney’s Office Commercial Crimes Unit and Jenny Kramer of the Special Prosecutions Division.

 mortgage fraud

   

Posted by Staff Reporter on 07/18/08 at 05:44 AM
Mortgage FraudNew Jersey • Total comments: (2) (0) Trackbacks
  1. Holy Shit

    Posted by  on  07/18  at  10:14 AM
  2. Finally real justice has been served for a very real crimminal which needed to be stopped. I know that a lot of people innocently was effected by the fraud and the lies that Ms. Jamila Davis produced. I dont wish any bad on anyone, but in this particular case justice has been served !

    Posted by  on  12/05  at  03:51 PM

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Previous Articles

TRIAL COVERAGE

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.



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The information and notices contained on Mortgage Fraud Blog are intended to summarize recent developments in mortgage fraud cases and mortgage banking matters nationwide. The posts on this site are presented as general research and information and are expressly not intended, and should not be regarded, as legal advice. Much of the information on this site concerns allegations made in civil lawsuits and in criminal indictments. All persons are presumed innocent until convicted of a crime. Readers who have particular questions about mortgage banking, mortgage fraud matters or who believe they require legal counsel should seek the advice of an attorney. The creators, editors and sponsors of Mortgage Fraud Blog do not intend to create a confidential relationship or an attorney-client relationship by communication via or arising from this site.

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