Wednesday, October 21, 2009
6 Charged in Mortgage Scheme Aimed at Defrauding Lender
Six individuals located in the New York City area were charged in a criminal complaint with defrauding Flaherty Funding, a mortgage company located in Rochester, New York:
Manre Ebhomielen has been charged with mail fraud, bank fraud, and conspiracy; Tyshe Bankston, Merrick Henry and Val Taylor have been charged with mail fraud and conspiracy; and Jocelyn Joseph and Bernard Lawson have been charged with mail fraud.
in April 2008, Flaherty Funding contacted Vista Mortgage, a licensed mortgage company located in Queens, New York, in an effort to expand its business into the New York City area. Flaherty Funding and Vista Mortgage eventually agreed that Vista Mortgage would close its operation and some of its staff would become employees of Flaherty Funding. One such person was Ebhomielen. Subsequently, Ebhomielen and the other defendants participated in a scheme to obtain large mortgage loans from Flaherty Funding by submitting false information and documents to Flaherty Funding during the mortgage loan approval process. The scheme involved five properties that were purchased in the New York City area. The purchasers were promised $10,000 if they purchased the homes and applied for a mortgage loan from Flaherty Funding. During the mortgage loan approval process, the defendants submitted false information and documentation which included false employment information, false monthly income amounts, false bank records, false Form W-2s, and false down payment information. As a result of this false information and documentation, Flaherty Funding provided three mortgage loans in the amounts of $533,850, $533,850 and $646,300, totaling $1,714,000. The remaining two mortgage loans, which were not provided by Flaherty Funding due to the discovery of the fraud, would have totaled $913,500.
Assistant U.S. Attorney Richard A. Resnick is assigned to the case.
U.S. Attorney Kathleen M. Mehltretter of the Western District of New York announced the charges.
The complaint in this case was the culmination of an investigation by the United States Postal Inspection Service, Boston Division, under the direction of Acting Inspector in Charge Robert Malaby, the United States Postal Inspection Service, New York Division, under the direction of Inspector in Charge Ronald Verrochio, and the Federal Bureau of Investigation, under the direction of James H. Robertson, Special Agent in Charge.
Ebhomielen, Henry and Taylor were arrested and will have their initial appearances in the New York City area. After their initial appearances, the defendants will be ordered to appear in Rochester, New York at a later date.
mortgage fraud
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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.
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