Friday, May 30, 2008
Builder Banker Broker And LO Charged For Fraud
Christopher A. Upchurch, 33, a Nampa, Idaho contractor and Barbara L. Cobos, 36, a loan officer at Zions First National Bank, Eagle, Idaho, made their initial appearances in federal court in Boise, Idaho after being indicted, along with Nicholas R. Gossi, 26, Nicholas R. Coats, 29, and Max Reich, 32, who are also charged in the scheme to use straw borrowers to get construction loans. Trial was set for July 22, 2008, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise. The scheme is alleged to have defrauded the bank of approximately $20 million.
As previously reported by Mortgage Fraud Blog, Upchurch did residential construction under the name of Inline Construction, LLC. Cobos is alleged to have received approximately $125,000 in kickbacks from Upchurch in order to assure funding of fraudulent loan applications.
Gossi worked first for a bank and later as a mortgage broker, and is alleged to have received “finder fees” from Upchurch to locate people willing to have their identities used to obtain the fraudulent loans.
Coats was a real estate agent, and is alleged to have recieved approximately $49,500 in finder fees for locating straw buyers. Reich is alleged to have received approximately $67,900 in finder fees for similar work.
The scheme is alleged to have begun in October 2004 and lasted until November 2005. Once straw buyers were located, their information was used as the borrower’s on residential construction loan applications. In many cases, it is charged, the loan applications overstated the “borrower’s” income and credit, and falsely said that they were planning to build “owneroccupied” homes. Upchurch and others are also alleged to have forged the “borrowers” names on loan documents.
According to the indictment, the 49 fraudulent applications would have totaled approximately $20 millions, had they all been drawn down in full. The applications were not reviewed or approved by supervisory officials at Zions Bank.
Once the fraudulent loans were approved, Upchurch had the straw borrowers sign blank draw requests, so that he could draw on the loans at any time. The indictment alleges that he then filled out the draw requests for specific construction purposes, but diverted a substantial amount of the loan proceeds for his own personal benefit.
“Mortgage fraud in all its forms is a significant investigative priority of the FBI due to the staggering impact it has had on the U.S. economy,” said Timothy J. Fuhrman, Special Agent in Charge, Salt Lake City. “The FBI will devote the necessary resources to bring its perpetrators to justice. In this particular case, which exemplifies the types of mortgage fraud practices engaged in by individuals associated with the mortgage business, the FBI worked with partners in the law enforcement community to ascertain the extent of the fraud perpetrated by these individuals. The FBI will continue to conduct these types of investigations with our law enforcement partners and with the support of the United States Attorney’s Office for the District of Idaho. We applaud their prosecutive efforts in this case and appreciate their support of the FBI.”
mortgage fraud
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Maybe the police should be contacted?
Search the following title & look at the comments.
“Rachel Dollar gives away under pants”
Posted by on 06/01 at 06:20 PM
Sorry. It’s the soul’s duty to be loyal to its own desires. It must abandon itself to its master passion.
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Posted by on 09/09 at 07:00 AM
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Some Sources require Registration.
Mortgage Scam Ends with Prison
The Morning Call
A judge didn't hold back when Shirley Matthews appeared before him Tuesday to be sentenced for stealing from a Monroe County man instead of helping him save his home from foreclosure, as she was hired to do.
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A New Jersey woman will be spending two to five years in state prison after she was sentenced on Tuesday for promising to help homeowners avoid foreclosure and then keeping the money she was given for their mortgages.
2 Indicted in Mortgage Scam Face New Charges
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Untangling Mortgage Fraud in Chicago Condo Buildings
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Why did so many units go into foreclosure all at once? In some cases, the reason can be traced to mortgage fraud.
No Contest Plea Entered in Real Estate Fraud Case
Northbay Business Journal
Juan Carlos Alcala of Windsor pleaded no contest to nineteen felony counts and admitted three special allegations for defrauding real estate investors, money laundering and elder fraud.
Bedford Woman Sentenced to a Year in Prison for Mortgage Fraud
Plain Dealer
Sharon Cox, 49, of Bedford, was sentenced today to a year in prison for mortgage fraud involving money laundering, theft and receiving stolen property from August 2008 through March.
CITIZEN JOURNALISM: Mortgage Fraud High in Area
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According to the FBI, Virginia, Maryland and the District are among the top 10 jurisdictions experiencing mortgage fraud.
Former Vegas Resident Charged with Mortgage Fraud in Nevada
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A former Las Vegas resident has been charged with federal conspiracy and fraud charges for his involvement in a Nevada mortgage fraud scheme involving straw buyers and falsified mortgage loan documents...
Missouri Man Sentenced for Mortgage Fraud
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A suburban St. Louis mortgage company operator has been sentenced to more than 11 years in prison for a mortgage fraud scheme.
12-Year Prison Term in Mortgage Swindle
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A Maryland woman who stole millions from Washington area homeowners trying to avoid foreclosure is a "vulture" whose case should serve as a warning to other con artists...
Previous Articles
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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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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 
