Thursday, May 15, 2008
2 Year Sentence Plus Restitution For Fraudster
Domeneco Abate was sentenced on May 12, 2008 by the Honorable United States District Judge Donald M. Middlebrooks to 27 months’ imprisonment, to be followed by three years of supervised release. In addition, Abate was ordered to forfeit $155,000 and to pay an additional $278,813 in restitution.
On February 28, 2008, Abate pled guilty to a three-count Information, charging him with health care fraud, bankruptcy fraud and wire fraud. Regarding the wire fraud, Abate submitted false loan documentation to support the purchase of his home in Wellington, Florida. In the loan application, Abate falsely stated that his wife was an Office Manager at The Medicine Shoppe, a retail pharmacy franchise in Palm Beach Gardens, Florida, with a gross monthly income of $9,864. In addition, the loan documentation falsely stated that approximately $165,000 of the down payment for the purchase of the home was a gift from relatives. Abate agreed to forfeit $155,000 for this mortgage fraud.
The health care fraud charges to which the defendants pled guilty stemmed from the defendants’ unlawful receipt of substantial health insurance benefits for themselves and their families. From June, 2001 through September, 2004, the defendants obtained insurance benefits by falsely claiming to be employees of The Medicine Shoppe. In addition, with the defendants’ consent, the Medicine Shoppe used the defendants’ health insurance information and that of their families to file false prescription drug claims.
Abate also pled guilty to bankruptcy fraud. On or about August 12, 2004, Abate filed a bankruptcy petition and schedules on which he falsely listed his wife, co-defendant Eileen Abate, as being employed as the manager of The Medicine Shoppe, with a monthly gross income of approximately $17,714.
Also sentenced by the Honorable Donald M. Middlebrooks was co-defendant Vincent Trupia. Trupia, who pled guilty to a single count of health care fraud, was sentenced to 5 years of probation, with a special term of 180 days’ home confinement. He was also ordered to pay restitution in the amount of $83,545.75 for insurance benefits he received through The Medicine Shoppe.
Sentencing for co-defendant Diane Mangicapra is scheduled for Friday, May 16, 2008 at 11:30 a.m., and for Eileen Abate on Wednesday, May 21, 2008 at 4:45 p.m., before the Honorable Donald M. Middlebrooks in West Palm Beach, Florida.
mortgage fraud
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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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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. 
