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Rachel 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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8 Arrested In Texas For Elaborate Flip/Straw Buyer Scheme
Eric Rulack Farrington, Jr., 55, Irving, Texas, President of Prestige Capital Corporation, which did business as Farrington Mortgage Group, Farco Construction, Inc., and EFC Investments, LLC, which also did business as EFC Management Company. Farrington was also the principal of Eric Farrington Seminars, Inc.;
Regis Lamont Williams, 43, Dallas, Texas, a Texas certified real estate appraiser who did business as Executive Certified Appraisal;
Kevin Ray Sanderson, 33, Irving, Texas, Vice President of Farco Construction, Inc., Dallas, who worked under the direction of Farrington;
Tony Earl Anderson, 51, Dallas, Texas, business associate of Farrington;
James Edward Jones, 42, Dallas, Texas, business associate of Farrington;
Edwin Terrence Bell, 41, Fort Worth, Texas, principal of The Togetherness Group, Inc., a/k/a TTG, Inc.;
Robert John Mason, 53, Oak Leaf, Texas, employee of Prestige Capital Corporation who worked under the direction of Farrington; and
Christopher N. Williams, 41, Flower Mound, Texas, business associate of Farrington, were charges in a 51-count indictment returned by a federal grand jury in Dallas on May 21, 2008, and unsealed June 17, 2008. These defendants, along with three additional defendants named in the Indictment who were not arrested with the above eight defenants, face various charges related to a mortgage fraud scheme they allegedly operated in the Dallas, Texas area from March 2002 to January 2006.
The three defendants who were not yet arrested are:
Marcus Allen Parker, 33, Rowlett, Texas, business associate of Farrington;
Micheal (sic) Lewis Andrews, 48, Plano, Texas, did business as Second Chance Mortgage; and
Janice Little Shepherd, 50, Irving, Texas, a mortgage broker who did business as EFC Capital Mortgage, Dallas.
All defendants who were arrested have made their initial appearance before U.S. Magistrate Judge Irma C. Ramirez. The government does not anticipate moving to detain any of the named defendants and expects that all will be released on conditions pending trial. It is anticipated that the remaining three defendants will surrender to federal officials within the week.
All 11 defendants are charged with conspiracy to commit wire fraud and all are charged with criminal forfeitures. All are charged in various substantive counts, including wire fraud, bank fraud, money laundering and engaging in a monetary transaction with criminally derived property. The maximum penalties for conspiracy to commit wire fraud and the wire fraud and aiding and abetting counts are 20 years in prison and a $250,000 fine per count. The maximum penalty for bank fraud and aiding and betting is 30 years in prison and a $1 million fine per count. The maximum penalty for money laundering and aiding and abetting is 20 years in prison and a $500,000 fine per count. The maximum penalty for engaging in a monetary transaction with criminally derived property and aiding and abetting is 10 years in prison and a $250,000 fine per count.
Eric Rulack Farrington, Jr. is charged with one count of conspiracy to commit wire fraud, one count of bank fraud and aiding and abetting, 15 counts of wire fraud and aiding and abetting, 10 counts of money laundering and aiding and abetting, and five counts of engaging in a monetary transaction with criminally derived property and aiding and abetting. If convicted, he faces a maximum statutory sentence of 600 years in prison, a $13.75 million fine and restitution.*
Janice Little Shepherd, is charged with one count of conspiracy to commit wire fraud, 13 counts of wire fraud and aiding and abetting, and five counts of engaging in a monetary transaction with criminally derived property and aiding and abetting. If convicted, she faces a maximum statutory sentence of 330 years in prison, a $4.75 million fine and restitution.*
Rejis Lamont Williams is charged with one count of conspiracy to commit wire fraud, one count of bank fraud and aiding and abetting, nine counts of wire fraud and aiding and abetting, and five counts of engaging in a monetary transaction with criminally derived property and aiding and abetting. If convicted, he faces a maximum statutory sentence of 280 years in prison, a $4.725 million fine and restitution.*
Kevin Ray Sanderson is charged with one count of conspiracy to commit wire fraud, one count of bank fraud, seven counts of wire fraud and aiding and abetting, and one count of money laundering. If convicted, he faces a maximum statutory sentence of 210 years in prison, a $3.5 million fine and restitution.*
Tony Earl Anderson is charged with one count of conspiracy to commit wire fraud, seven counts of wire fraud and aiding and abetting, and five counts of engaging in a monetary transaction with criminally derived property and aiding and abetting. If convicted, he faces a maximum statutory sentence of 210 years in prison, a $3.25 million fine and restitution.*
James Edward Jones is charged with one count of conspiracy to commit wire fraud and ten counts of wire fraud and aiding and abetting. If convicted, he faces a maximum statutory sentence of 220 years in prison, a $2.75 million fine and restitution.*
Edwin Terrence Bell is charged with one count of conspiracy to commit wire fraud, five counts of wire fraud and aiding and abetting, and two counts of engaging in a monetary transaction with criminally derived property and aiding and abetting. If convicted, he faces a maximum statutory sentence of 140 years in prison, a $2 million fine and restitution.*
Marcus Allen Parker is charged with one count of conspiracy to commit wire fraud, one count of bank fraud and aiding and abetting, and three counts of wire fraud and aiding and abetting. If convicted, he faces a maximum statutory sentence of 110 years in prison, a $2 million fine and restitution.*
Micheal Lewis Andrews, Robert John Mason, and Christopher N. Williams are each charged with one count of conspiracy to commit wire fraud and two counts of wire fraud and aiding and abetting. If convicted, each would face a maximum statutory sentence of 60 years in prison, a $750,000 fine and restitution.*
According to the indictment, the defendants ran a scheme in which they located single-family residences for sale in the Dallas area, including distressed and pre-foreclosure properties, and negotiated a sales price with the seller. They created surplus loan proceeds by inflating the sales price to an arbitrary amount substantially more than the fair market value of the residence. In some cases, they would create a bogus outstanding mortgage lien to be discharged. They recruited individuals to act as nominee or straw purchasers or straw borrowers and falsely represented to them that the property would be managed by the defendants and rented by a suitable tenant; that the mortgage, interest, taxes, insurance and property maintenance would be paid from the rental income; and the straw purchasers/borrowers would have no expenses. The straw purchasers/borrowers had no intention to live in the property and did not have sufficient income to repay the loans.
The indictment also alleges that the defendants prepared and submitted fraudulent loan documents in the names of the straw purchasers/borrowers and obtained loans in inflated amounts based on these fraudulent loan documents. Then they used the fraudulently obtained surplus loan proceeds to pay the sellers kickbacks, to conceal the fraud, and distributed the bulk of the proceeds among themselves. They would then allow the loan to go into foreclosure after a few payments were made on the loan.
Residences listed in the indictment that were used in the scheme are:
1420 Travis Circle South, Irving, Texas
6231 Azalea Lane, Dallas
7730 Cliffbrook Drive, Dallas
10907 Cinderella Lane, Dallas
7617 Arborgate Drive, Dallas
13735 Ashridge Drive, Dallas
6824 Winterwood Lane, Dallas
6840 Winterwood Lane, Dallas
6915 Winterwood Lane, Dallas
7012 Creek Bend Road, Dallas
1509 Appalachian Drive, Allen, Texas.
While the indictment doesn’t indicate the total amount of the fraud, Count 51 of the indictment, the criminal forfeiture allegation, requires the defendants to forfeit $4,500,070 to the U.S. should they be convicted on Count One, the conspiracy count. The forfeiture allegation also requires the defendants, upon conviction of any of Counts Two through 17, to forfeit various sums of money, that total $3,909,539, as listed in Count 51 of the indictment.
An indictment is an accusation by a federal grand jury and a defendant is entitled to the presumption of innocence unless proven guilty.
U.S. Attorney Roper praised the investigative efforts of the FBI and Internal Revenue Service - Criminal Investigation. Assistant U.S. Attorney Joseph Revesz is prosecuting the case.
Failed Mortgage Firm Trustee Allowed $50,000 in Fees Union Leader
U.S. Bankruptcy Court Judge J. Michael Deasy will approve $50,000 in legal fees for the trustee of failed mortgage brokerage businesses Financial Resources Mortgage Inc. and CL&M Inc.
Bend Oregon Event to Help Homeowners Prevent Foreclosures Oregon.Gov
As part of an ongoing effort to help homeowners avoid foreclosure, state agencies are organizing a foreclosure-prevention event in Bend on Saturday, March 27, 2010.
Shelbyville Man Gets 2-Year Sentence For Loan Fraud Chattanoogan.Com
Prosecutor Gary Humble said the lost was approximately $2.3 million in the mortgage fraud involving hundreds of homes in the Shelbyville area.
Lend America, VP Ashley Banned from FHA Housing Wire
Michael Ashley, the embattled former vice president of Federal Housing Administration (FHA)-backed mortgage originator Lend America, and the company he worked for, were permanently banned from doing business in the industry last week.
Countrywide Tries to Pin Blame on Insurer Court House News
Countrywide Home Loans demands $111 million from Triad Guaranty Insurance, claiming Triad is trying to blame mortgage lenders for the insurer's role in the housing bubble and collapse.
Investors Say They Were Swindled in Property Scheme Fox 13 Now
Utah Division of Consumer Protection is joining forces with a few investors who claim they have been cheated by an agency called "Utah Mini Ranches.
Greenfield Man Accused of Housing Scam The Republic
A former real estate agent conned at least eight people by renting them properties actually owned by a federal agency and then running off with their deposits, prosecutors said.
Appraisal Institute Opposes Obama Administration's Plan for Homeowner 'Short Sales' PR News Wire
Citing concerns about increased mortgage fraud, four organizations representing more than 35,000 real estate appraisers today voiced their opposition to changes to an Obama administration program that will encourage "short sales" of homes.
Ownership Rights to Get Another Look TBO.Com
State lawmakers may beef up protections of property owners' rights by rewriting a law this spring that is at the center of a case of alleged fraud in Pasco County.
Thursday, February 18, 2010 F. Jeffrey Miller Trial Continued Testimony
As reported by Anne Mitchell, who viewed the trial:
Angela Parenza worked for Jeff Miller as the office manager for 7 or 8 years beginning in 1998. Parenza was indicted along with Miller and pled guilty to conspiracy to commit bank fraud and money laundering. Parenza testified that Miller or his contractors allegedly preferred to build all the...
Wednesday, February 10, 2010 F. Jeffrey Miller Trial Coverage Continued - Witness Testimony
Steve Middleton Testimony - Coverage Provided by Anne Mitchell
The Government continued in its cross examination of Steve Middleton. He was shown several HUD-1 statements involving sales of homes located in Overland Park, KS, and Olathe, KS. The HUD statements each allegedly showed line items of payments to (James) Moser & Associates, LLC's...
Monday, February 01, 2010 F. Jeffrey Miller Trial Coverage - Continued Witness Examination
According to Anne Mitchell, who is present in court for the trial:
Next Witness: Kelly Sanford
Kelly Sanford of the Federal Reserve was a short witness for the Government. Sanford manages electronic payments between banks and member financial institutions. He was shown copies of wire transfers and asked whether they coincided with the counts in...
Wednesday, January 27, 2010 F. Jeffrey Miller Trial - Prosecution Witnesses Continued
According to Anne Mitchell, who is viewing the trial:
January 13, 2010
Witness: Rick Hayes
Rick Hayes testified that on the day that he closed on his Miller Enterprise home, he received a phone call from the Kansas Banking Commission informing him that his loan was fraudulent. After the Hayes responded to a classified ad, they met with John...
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