Friday, September 12, 2008
Defendant Sentenced to 7 Years For Real Estate Scheme
Laron Lamont Heidelberg, 41, was sentenced by Superior Court Judge Robert J. Perry to seven years in state prison for his involvement in the real estate scam. The defendant was ordered to pay $420,000 in restitution. Heidelberg is the lead conspirator of six defendants accused of defrauding the estate of a couple who died more than 20 years ago.
Deputy District Attorney Walter H. Mueller of the California Real Estate Fraud Section said Heidelberg and his crew attempted to dupe the victims’ estate out of two inheritance properties, one of which had been in the family for more than five decades. Heidelberg was indicted in November 2007. Others named in the indictment included Joyce Williams, 55, Davaughn Mitchem, 26, Korey Duron Martin, 35, Paul Edward McGee, 55, and Adolphus Ray Harper, 28.
Prosecutors allege that the defendants successfully tapped into the accrued equity of each property by using fraudulent documents.
Heidelberg was convicted by a jury on July 30 of one count of grand theft, three counts of forgery and one count of obtaining money by false pretenses. The jury also found true aggravated white collar crime and excessive taking allegations.
The original property owners, Priestly and Pansy Young, both died in the 1980s. At the time of their deaths, both homes were paid off and their children subsequently inherited the properties. In January 2006, a relative found the properties listed for sale on the Multiple Listing Service (MLS) and alerted authorities.
Defendant Williams, who is in federal custody on fraud charges, faces one count of grand theft and two counts of forgery. Defendant Mitchem pleaded no contest to one count of forgery on July 21 and was sentenced to one year in county jail and three years probation.
Defendant Martin is in custody in the state of Georgia and awaiting extradition. He faces one count of grand theft, one count of forgery and one count of obtaining money by false pretenses. Defendant McGee was convicted on July 30 of one count of grand theft and one count of obtaining money by false pretenses. McGee received a sentence of three years probation.
Defendant Harper remains outstanding. A bench warrant has been issued for his arrest.
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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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 
