Wednesday, February 06, 2008
Advance Fee Loan Scam Artist Sentenced
Larry Stallings, 55, Watauga, Texas, was sentenced to 160 months in federal prison after a jury convicted Stallings on two counts of wire fraud and one count of conspiracy to commit wire fraud based upon an advance fee loan scheme that Stallings ran from his residence in Texas.
On June 28, 2007, a jury found that the defendant and others, including the defendant’s son, Christopher Stallings, engaged in a scheme to defraud that began in early 2003 and ran until the defendant was arrested on October 27, 2005. The conspirators held themselves out, through advertising on the Internet and through referrals by so-called mortgage brokers, as individuals who had capital to lend to borrowers who could not obtain conventional financing. The conspirators required that the borrowers pay an advance fee of 10% of the amount of the loan so that an insurance binder could be purchased to protect against default by the borrowers. The Stallings told the buyers that the 10% advance payment would be refunded if the loan did not close.
During the course of the scheme, the conspirators collected over two million dollars in advance payments. Stallings spent most of the money on living expenses, the purchase of a $53,000 vehicle for cash and a $200,000 deposit on a $2.4 million dollar mansion.
A sentencing hearing for Christopher Stallings is scheduled for February 21, 2008. Michael Wyatt, another conspirator who was convicted after a trial in October 2007, is scheduled for sentencing on April 21, 2008.
U.S. Attorney Tom Colantuono stated, “The substantial sentence imposed on this defendant should serve as a warning to those who would engage in financial fraud through the Internet. Financial fraud causes the victim to lose more than just money. The fraud in this case had a devastating impact on its victims, who lost homes, businesses, and their reputations. This office is committed to prosecuting those who would use the Internet to commit financial crimes.”
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.
More Trial Coverage
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