Tuesday, November 11, 2008
Defendants Sentenced For Straw Buyer Scheme
Donald L. Jones, a/k/a “Don Jones,” 61, Grapevine, Texas was sentenced before U. S. District Judge Sam A. Lindsay to 51 months in federal prison. Jones was also ordered to pay $2,710,834.64 in restitution. Jones pled guilty in July to conspiracy to commit wire fraud. Co-defendant Robert Patterson, Jr., a/k/a Bob Patterson, 55, Dallas, Texas was also sentenced to 46 months in federal prison and ordered to pay $517,954.46 in restitution. Patterson pled guilty in July to conspiracy to commit wire fraud.
As previously reported by Mortgage Fraud Blog, Donald Jones and Robert Patterson, along with six other defendants were named in a 17-count indictment charging each of them with conspiracy to commit wire and bank fraud, and other offenses related to a mortgage fraud scheme involving forty properties and more than seventy loans.
Co-defendant Joseph B. Jackson, Sr., a/k/a “Joseph Jackson,” 63, Irving, Texas, is scheduled for sentencing on November 17, 2008. Jackson pled guilty in August 2008 to conspiracy to commit wire fraud. Donald L. Jones and Joseph Jackson represented themselves as real estate investors who owned and operated Affordable Homebuilders and the YIN Group in Irving, Texas.
Co-defendant Donald Matthew Jones, a/k/a “Mat Jones,” 35, Maui, Hawaii, is also scheduled for sentencing on November 17, 2008. Jones pled guilty in August 2008 to conspiracy to commit wire fraud. He was an employee of Affordable Homebuilders and also owned and operated home healthcare centers under the names of Private Home Health Care and Brain and Spinal Cord Injury LLC.
Co-defendant Daniel J. Sattizahn, 29, Plano, Texas, was sentenced on September 15, 2008 to 24 months in federal prison and order to pay $2,095,136.41 in restitution. Sattizahn pled guilty in January 2008 to conspiracy to commit wire fraud.
Co-defendant Catherine L. Dike, a/k/a “Cathy Dike,” and “Cathy Carter,” 59, Plano, Texas, was an escrow officer. Dike was sentenced in November 2007 to 24 months in prison and ordered to pay $1,995,968.83 in restitution. Dike pled guilty in July 2007 to false acknowledgment of appearance or oath in relation to closing documents.
Co-defendant William Barnes, 59, Desoto, Texas, who owned BCT Landscaping, pled guilty October 23, 2008 to conspiracy to commit wire fraud. Co-defendant Foday S. Fofanah, 38, Waxahachie, Texas, is scheduled for sentencing on December 15, 2008. Fofanah pled guilty in September 2008 to conspiracy to commit wire fraud. Barnes and Fofanah recruited straw borrowers.
The defendants ran a scheme to defraud mortgage lenders and financial institutions. As part of that scheme, they located single family residences in and around the Dallas, Texas area that were offered for sale, recruited straw borrowers to purchase the targeted single-family residences, inflated the sales prices of the targeted residences to an amount greater than the fair market value of the residences; prepared and submitted false and fraudulent loan applications in the name of straw purchasers to secure mortgage loans for the targeted residences in amounts substantially greater than the fair market value, obtained substantially inflated loans from mortgage lenders and financial institutions based on false and fraudulent misrepresentations about repairs that were to be made on the targeted residences, paid the original owners of the residences, and distributed the remaining fraudulently-obtained proceeds among themselves.
The properties used in the scheme were located in Irving, Texas, on Broadmoor Lane and Glenbrook Drive; in Arlington, Texas, on Shadow Ridge, Wimbledon, Racquet Club Drive, and Woodsong Trail; in Sherman, Texas, on Preston Drive and Post Oak Drive; and in Rowlett, Texas, on Beech Street and Orchid Lane. The loans on the properties have gone into default. The total amount of fraud attributed to these defendants is estimated to be approximately $14 million.
U.S. Attorney Richard B. Roper of the Northern District of Texas praised the investigative efforts of the Federal Bureau of Investigation. U.S. Attorney Roper also thanked the Plano, Waxahachie, Desoto, Grapevine and Irving, Texas Police Departments for their participation in the arrests. The case is being prosecuted by Assistant U.S. Attorney’s Marcus Busch and Kim McCabe.
mortgage fraud
This is a pretty straight forward straw buyer scheme. These schemes usually get discovered when the inflated loans go into default.
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Dallas Movers on 06/26 at 07:04 AM
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Erie Area Mortgage Broker Gets Prison in Fraud Case
GoErie.com - Erie, PA
Shortly before receiving a nearly three-year federal prison sentence, former mortgage office manager Francis R. Conti told the judge he never meant to defraud any of the homeowners caught up in a widespread local mortgage-fraud scheme.
Three Former Portland-Area Mortgage Brokers Face Fraud Charges
OregonLive.com - Portland, OR
Joel D. Surprenant, Michael Duc Han and Benjamin Lucian Lucescu all were charged with one count of obtaining mortgage loans through materially false and fraudulent pretenses.
Shaker Pair Pleads Guilty to Mortgage Fraud Charges
Cleveland.com - Cleveland, OH
Two Shaker Heights residents recently pleaded guilty to charges involving a mortgage scheme with seven area houses and $3 million in fraudulent loans.
Feds File Charges in Five Mortgage Fraud Cases
Chicago Breaking News - Tribune - Chicago, IL
Federal charges were filed today against 37 people and four companies in five separate mortgage fraud cases.
Feds Fighting Back
Contra Costa Times - Walnut Creek, CA
Mortgage fraud has increased so dramatically in the San Joaquin Valley that a task force of federal, state and local agencies has been formed to fight back.
Private Investigator Sees Rise in Mortgage Fraud Due to Economy
PR Web - Ferndale, WA
In the past 12 months his firm has been retained to conduct over 300 mortgage fraud investigations, a 100% increase from 2007.
Former UGA, NFL Football Player Arthur Marshall Charged With Mortgage Fraud Claims
WJBF-TV - Augusta, GA
He is also accused of defrauding three banks in obtaining loans for seven different properties in Columbia and Richmond Counties.
Cuomo Subpoenas Loan Modification Companies
New York Times - United States
“The entire industry is a scam, in my opinion,” Mr. Cuomo said Tuesday. “These are services that homeowners don’t need to pay for in the first place.”
Defendant Pleads Guilty to Wire Fraud Relating to Mortgage Fraud Scheme
Imperial Valley News - Holtville, CA
Scavitti admitted that between 2003 and August 2008 he unlawfully diverted mortgage funds that were wire transferred into his client office account to his own personal benefit, resulting in losses in excess of $2.5 million.
Fed Drug Report: Double Trouble for Metro Chicago
ABC7Chicago.com - IL
...Chicago street gang members run a network of legitimate businesses and have engineered mortgage fraud schemes, both to launder drug proceeds...
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Trial coverage provided by Anne Mitchell, Crazy Fish Realty.
Update - US v. F. Jeffrey Miller, et al.
Miller II: Judge Julie Robinson has ruled in favor of the defense motion granting a continuance for sentencing of the 3 convicted defendants: F. Jeffrey Miller, Steve Vanatta and Hallie Irvin. The three will now be sentenced after ruling on post trial motions set for August 10, 2009.
Vanatta has been in custody for over 2 years. Vanetta filed a motion for his release pending sentencing. That motion was denied.
Miller remains free pending his sentencing. He has hired a new attorney who filed a motion to delay Miller's sentencing. In one post trial motion, the defense argues as to what assets are subject to seizure.
Defendant Todd Earnshaw is a Kansas City real estate Broker (and brother in law of Miller). Earnshaw has been indicted in what is commonly referred to as Miller I. A trial date for that matter has been set for January, 2010 in Topeka, Kansas.
The Government filed a motion to revoke Earnshaw's bond and remand him to custody while he awaits trial after learning that he allegedly committed the state crimes of Driving Under the Influence, Handicap Parking Violation and Failure to Control Speed to Avoid a Collision while on pretrial release. Notwithstanding finding that probable cause existed to believe that Earnshaw committed the aforementioned state crimes, Judge Robinson denied the motion, but ordered several strict conditions that Earnshaw must follow pending his trial.
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