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imageRachel 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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Wednesday, December 03, 2008

Ex-New York City Police Commissioner Bernard Kerik Charged

Bernard B. Kerik, the former New York City Police Commissioner and Commissioner of the New York City Department of Corrections, has been indicted by a federal grand jury sitting in White Plains on conspiracy, tax fraud, and false statements charges.

According to the Indictment, Kerik conspired with others to deprive the City of New York and its citizens of his honest services by: 1) receiving benefits—namely, approximately $255,000 in renovations to Kerik’s Riverdale, New York, apartment ("the Riverdale Apartment")—from a company seeking to do business with the City; 2) concealing those benefits by, among other ways, failing to disclose them as required on financial disclosure reports Kerik filed with the City; and 3) taking steps to convince City regulators that the contractors were free of mob ties and should be approved to do business requiring City permits. Kerik’s receipt of the benefits and his actions on behalf of the company occurred while Kerik was the Commissioner of the New York City Department of Corrections, and his acts of concealment occurred while he held that post and while he held the post of New York City Police Commissioner.

The Indictment also charges Kerik with making false statements on a loan application in connection with purchase of the Riverdale apartment. Specifically, it charges that Kerik borrowed part of the down payment from a Manhattan realtor, but falsely denied that he had done so to the bank that extended him the mortgage loan for his purchase of the apartment.

The Indictment also charges Kerik with impeding the Internal Revenue Service and with multiple counts of false tax returns in connection with: 1) his failure to declare the value of the above renovations as income; 2) his failure to report as income approximately $236,000 in rent payments for a Manhattan apartment, which payments were made by a Manhattan developer with whom Kerik had agreed to conduct business; 3) his failure to report approximately $75,000 in income received from a book publisher; 4) his taking of approximately $80,000 in phony charitable deductions; 5) his failure to report approximately $20,000 in income received from a computer software company; 6) his failure to report wages paid to a domestic employee; and 7) his taking of a false home office expense deduction in connection with a home in New Jersey when he was not yet living in that home.

The Indictment also charges the defendant with making multiple false statements to the White House and other federal officials in connection with his application for positions as advisor to the President’s Homeland Security Advisory Council and in connection with his nomination to be Secretary of the United States Department of Homeland Security. The Indictment charges that when Kerik was being vetted for these positions, he made numerous false statements including: 1) failing to disclose as required, and affirmatively misrepresenting, his relationship with the contractors who paid for the renovations on the Riverdale apartment or the fact of the payments; 2) failing to disclose as required that he had submitted false financial disclosure reports to New York City (as described above) and that he had committed a crime by doing so; 3) failing to disclose as required that he had made false statements on a loan application (as described above) and that he had committed a crime by doing so; 4) failing to disclose as required a $250,000 loan that he had taken from a Brooklyn businessman who, in turn, had obtained the funds from an Israeli industrialist who did business with the U.S. Government; and 6) falsely stating that he had no household employees on a regular basis, and that he had not failed to withhold appropriate taxes for any such employee.

Kerik faces, if convicted, a maximum aggregate sentence of 142 years of imprisonment and $4,750,000 in fines. The Indictment also seeks forfeiture of the proceeds of the conspiracy crime in the amount of $255,000.

The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

 mortgage fraud

   

Posted by Staff Reporter on 12/03/08 at 12:32 AM
Mortgage FraudNew York • Total comments: (4) (0) Trackbacks
  1. I would like your opinion about a matter I’m going thru.

    What would be the monetary penalty a bank should pay if:

    - they forged my signature on a mortgage application

    - increase my income ( by submitting a job Verification from a company I never heard of)

    -increased the balance of my bank account at the time.

    What would be your suggestion towards a settlement if the banks attorney’s requested on?

    Posted by  on  12/05  at  04:59 PM
  2. What would you say if the charges were fabricated? If the Commissioner in charge of the Dept. of Investgation had told her subordinate, a lawyer and prosecutor to obtain perjured testimony to inculpate Kerik so Hillary Clinton could use the indictment to get Rudi G. Well that’s what happened. A 27 year veteran of the Department of Investigations was terminated after refusing to testify falsely against BERNIE KERIK about the renovations to his apartment that formed the basis of the government’s criminal complaint in federal district court. Mr. Kerik has steadfastly maintained that there was no quid pro quo; he did not personally know the builder, paid for the renovation to the small apartment; and only met with government officials because they had a question about whether the company was tied to the mob, and not because he contacted them to obtain a contract for the company’s owner.

    According to a complaint that was filed by Michael Caruso, a DOI Investigator with an unblemished record, he was repeatedly told to lie about Kerik’s meeting with him and other officials, where Kerik was asked by them to appear. The real slime is Rose Gill Hearn. She is the Commissioner of the Dept. and is a Hillary partisan. The fact of the matter is that this was a political hit job orchestrated by Hillary Clinton’s dirt merchant, Rose Gill Hearn, a lawyer and Hillary supporter and head of the N.Y. City Dept. of Investigation (DOI). According to the federal complaint filed by Michael Caruso in the Southern District (docket no. 06-5997), Gill-Hearn’s First Deputy Commissioner of DOI told Caruso to testify falsely to the Grand Jury, stating, “Remember Kerik vouched for Larry Ray at the Walker’s meeting and everything will be O.K.”

    The Press would be all

    Posted by  on  12/12  at  05:58 PM
  3. Bernie will go to the slammer you can bet on that. Hes a criminal and scum. Imagine the irony, former cop and warden of a prison and his keepers will tell him, “lock in Bernieboy.” Hes a creep and needs to be punished for his crimes. Hes no hero thats for sure.

    Posted by  on  12/14  at  10:28 AM
  4. Thanks for all the great information.
    I am from Sierra and know bad English, please tell me right I wrote the following sentence: “Usually, when disappointment mr.”

    Thanks grin. Keiji.

    Posted by  on  09/09  at  06:42 AM

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Today's News

Some Sources require Registration.

 

Mortgage Fraud Risk Index Jumps 11 Percent, According to Verisk Analytics Subsidiary Interthinx
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The report...indicates that the overall Interthinx Mortgage Fraud Risk Index surged more than 11 percent from the previous quarter...

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The prosecution and defense rested Thursday in the mortgage fraud cases against Teresa Marie WIlson and Angelo Surveo Williams.

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A Wyoming woman is facing felony charges accusing her of stealing her sister's identity to obtain a mortgage...then defaulting on that mortgage, leaving taxpayers on the hook.

U.S. Attorney Targets White-Collar Crime
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In San Francisco, Mr. Russoniello said he is trying to crack down on cases like mortgage fraud, though he doesn't have the budget to hire additional white-collar prosecutors.

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During the real estate boom two years ago, some units were going for a half million dollars. Now some are short selling for just 50 grand.

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A developer and nine other people, including a former salsa singer, have been charged in an alleged $14 million mortgage fraud in Puerto Rico...

Strodtman Jury Selected in Mortgage Fraud Trial
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Attorneys will deliver opening statements this morning in the trial of Mark Strodtman, who is accused of bilking homeowners in a mortgage scheme years ago.

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Most banks rejected Ms. DeForte because her debt level was too high and her credit score too low. But Lend America put Ms. DeForte into a $402,000 loan backed by the Federal Housing Administration...

Mortgage Fraud Probe Nets 105 Across State
Bradenton Herald
At least one local man is among 105 people arrested across the state following a nine-month investigation into organized mortgage fraud.

Mortgage Fraud Increases
MortgageRates.co.nz
The number of frauds involving professional advisors, such as accountants and lawyers, has increased from two to four since March 2008.

Previous Articles

TRIAL COVERAGE

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.



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The information and notices contained on Mortgage Fraud Blog are intended to summarize recent developments in mortgage fraud cases and mortgage banking matters nationwide. The posts on this site are presented as general research and information and are expressly not intended, and should not be regarded, as legal advice. Much of the information on this site concerns allegations made in civil lawsuits and in criminal indictments. All persons are presumed innocent until convicted of a crime. Readers who have particular questions about mortgage banking, mortgage fraud matters or who believe they require legal counsel should seek the advice of an attorney. The creators, editors and sponsors of Mortgage Fraud Blog do not intend to create a confidential relationship or an attorney-client relationship by communication via or arising from this site.

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