Friday, March 30, 2007

Five Guilty Verdicts in South Florida Foreclosure Rescue Scheme

Ramzy Moumneh, a/k/a Ramsey Moumneh, Kamal Moumneh, a/k/a Kamal Renno, Chuong X. Dam, Demetrios J. Voiklis, a/k/a James Voiklis, and Kimberly Brothers were all found guilty of multiple counts stemming from an indictment alleging a foreclosure rescue scheme.

The jury found the five defendants guilty as follows:

Ramzy Moumneh, a/k/a Ramsey Moumneh, 37, Tampa, Florida

- Conspiracy to commit mail fraud, wire fraud, bank fraud and making a false statement to a federally insured lender

- Wire fraud (6 Counts)

- Mail fraud (8 Counts)

- Bank fraud (12 Counts)

- False statements to a federally insured lender (12 Counts)

Kamal Moumneh, a/k/a Kamal Renno, 38, Tampa, Florida

- Conspiracy to commit mail fraud, wire fraud, bank fraud and making a false statement to a federally insured lender.

- Wire fraud (6 Counts)

- Mail fraud (8 Counts)

- Bank fraud (12 Counts)

- False statements to a federally insured lender (12 Counts)

Chuong X. Dam, 33, Tampa, Florida

- Conspiracy to commit mail fraud, wire fraud, bank fraud and making a false statement to a federally insured lender.

- Wire fraud (6 Counts)

- Mail fraud (8 Counts)

- Bank fraud (10 Counts)

- False statements to a federally insured lender (10 Counts)

Demetrios J. Voiklis, a/k/a James Voiklis, 32, Tampa, Florida

- Conspiracy to commit mail fraud, wire fraud, bank fraud and making a false statement to a federally insured lender.

- Wire fraud (3 Counts)

- Mail fraud (3 Counts)

- Bank fraud (1 Count)

- False statements to a federally insured lender (1 Count)

Kimberly Brothers, 28, Riverview, Florida

- Conspiracy to commit mail fraud, wire fraud, bank fraud and making a false statement to a federally insured lender.

- Wire fraud (2 Counts)

- Mail fraud (1 Count)

- Bank fraud (1 Count)

- False statements to a federally insured lender (1 Count)

Amy Hudd, a/k/a Amy Paukner, Spring Hill, Florida, who was also charged in the Indictment fell ill during the trial.  Due to her illness, her trial was severed from the others.  Hudd will be tried separately at a future date yet to be determined.

A seventh person, Lucretia Junge, 31, Land O’ Lakes, Florida, pled guilty to conspiracy to commit bank fraud, requiring her to testify for the government at the trial.

According to evidence presented at trial and court documents the defendants targeted homeowners located throughout Central and South Florida who were about to lose their homes through foreclosure. The homeowners were told that First Hanover Mortgage Corp., a company owned and controlled by the Moumneh brothers, could help them avoid the foreclosure and keep their homes at no cost to them.

Rather than helping the homeowners, the homeowners were duped into selling their homes to straw buyers who were recruited by the defendants. This was done under the pretext that the homeowners could buy their homes back after making 12 monthly lease payments.

The defendants recruited straw buyers and then arranged for the sale of the homeowners’ homes to the straw buyers. They arranged for new mortgages that exceeded the amount of the mortgages the homeowners originally had against the properties. The defendants prepared documents and papers associated with the straw buyers’ purchase of the properties.  The loan documents contained false representations that the straw buyers intended to use the properties as their primary residences. The closings of the transactions were conducted so that the straw buyers did not have to produce any funds at closing.

Homeowners were given documents to sign, including deeds, without having a chance to read and review and without being provided copies. The defendants also forged homeowners’ signatures on documents.

Pursuant to a document entitled “Demand Pay Off Statement”, after paying off the existing mortgage loan, the excess funds remaining from the new loan were paid to Properties Management Corporation and Maxx Financial, Inc., entities owned and controlled by the Moumnehs and Chuong Dam, respectively. The Demand Pay Off Statement, according to court documents, was a sham document created by the defendants and sent to either Voiklis, Brothers, or Junge, who were the closing agents for each of the home sales. The Demand Pay Off Statement was a demand for payment of a non-existent lien against the homeowner and in favor of Properties Management Corporation or Maxx Financial, Inc. 

Without the knowledge or consent of the homeowners, more than $2 million of homeowners’ equity was siphoned off and distributed to the defendants.

The conspiracy, mail fraud, and wire fraud counts each carry a maximum penalty of five years’ imprisonment and a fine of $250,000. The bank fraud counts and the counts charging a false statement in connection with a loan application each have a maximum penalty of 30 years’ imprisonment and a fine of $1-million. A sentencing date has not been scheduled.

mortgage fraud

1. I enjoyed your article very much.
   Thanks
   Cochise

   Posted by  on  03/30  at  05:08 PM

2. What makes this crime really bad is the victim the home owner in this case loses they lost there house or will have to pay the mortgages. All they were looking for is a little help but the thirst for money is to strong for the fraudsters. What really happens to the vicims of these cases?

   Posted by  on  04/01  at  05:31 AM

3. I have lost my home to the same type of fraud I know of 5 other homeowners who where having the same proplems that I was are homes were in forclosure we were approched by a company that told us we we get a cash settlement (never happen) we would be able to buy are homes back after a year, I was contacted yesterday and told I would have to move (it has only been 5 months since the closing on my house). All of the equity is gone from the home. I don’t have the money or the knowlege to get my house back.  Is there someone that can help me and these 5 other people

   Posted by  on  04/04  at  04:11 AM

4. Karma is a bitc* huh? They get what the deserve. People that steal from those in the neediest times of their life should be locked up for good. Mounehs are the lowest of life forms on this planet. Geoject and homeleasebuy will be out the door soon. Don’t bend over for the soap boys =)

   Posted by  on  05/02  at  09:24 AM

5. Are you people serious..Let’s think about this most people take mortgages they cannot afford and then run to companies to be bailed out...Your integrity is already in question because your cheated the bank out of their money by not making your payments..Why should you not be held accountable for not making your payments.  What is the penalty for the homeowner for de-frauding the bank by forcing them to foreclose..You are the reason the market is the way it is homeowner’s default before the arm rate even adjusts.  Now your given the opportunity to make your payments on time and get your house back...Of course your going to have a penalty...Their are many companies that do this everyday they come in and bail you out of foreclosure and you sign your deed over and then you default again and they get the equity in your home..How about the homeowner’s be held accountable for not making their payments on time twice..This is still going on all over Florida..
   Most people were going to lose their house in the first place without this help.  That means you would lose your equity because the bank would foreclose and sell it for little or nothing which is what is happening now.  Then you owe the defaulted amount the bank could not collect from the sale. They will do whatever it takes to collect that amount..
   This is what is wrong with America people do not want to be held accountable for their actions.  I make my payment on time therefore I do not lose my home!!!!!!!  Use a little commen sense before entering in to agreements with anyone, better yet make your payment on time and you wouldn’t be in this position...And to those people who by chance have a good excuse for defaulting (medical)if you call your bank they more times than not will work something out with you to keep from foreclosing because they do not want to have to sell your home and loose money especially in this market…

   Posted by  on  05/05  at  04:31 PM

6. Any word on how many of these defendants are in the US illegally?

   Posted by  on  05/08  at  04:19 PM

7. This is a big score for the government. They were able to obtain a verdict of guilty based upon the testimony of homeowners, when all of the witnesses that alleged they had been defrauded were caught perjuring themselves.  All of the written effidence indicated that each homeowner willfulling and knowingly entered into a binding contract and knew the consequenses of their actions. 

   Was the deal bad for the homeowners, likely.  Was there fraud, not that I saw.

   Posted by  on  05/18  at  11:06 AM

8. It seems the United States is incapable of telling the truth. These people were in a legitimate business, the homes they purchased were homes that the owners were losing no matter what.  The truth is that due to the interest of insurance companies who held a grudge against these defendents they have been robbed of their home, business and freedom.  But it is very typical of your bullshit land of justice.

   Posted by  on  07/08  at  09:00 AM

9. What took place in that court room was american injustice at its best. I followed this case and initially I thought they had problems but then the gov brought in thier witnesses and oh my god, one after the other gets caught lying or in legal terms prejury ... it was facinating because it was so obvious and it appeared they were couched. 9 Witnesses don’t walk in to federal courtroom and feel so free to lie. It was an open lie bar at the Olive Garden. I counted 5 times the judge commenting on the credibility or lack thereof the gov witnesses ... what is that! Dear god this is in a federal court in front of one of the best judges in the country, HOW???? Transcripts don’t lie, incompetent and care-free jurors do. and oh yah, its was funny, i saw 3 jurors sleeping one day and 2 others on another. Yah i guess they got the facts alright. I think they should have had a mistrial just for that but I’m not a lawyer… It you’re guilty so now prove you’re innoccent not the other way, is this our justice system. I only know one the defendents but without a shadow of my doubt these folks basically screwed up on one thing but all else was litgit, not hardly intent to defraud anybody. They must of pissed off somebody for this to have become what it is, its got to be that. Too bad cause they wrenched many lives including my friend’s and its on to the next case. Total distruction with a smile. Horrible display of injustice.

   Posted by  on  07/11  at  07:12 PM

10. Hahahahahhahah! Owned to the millionth power!!

    Posted by  on  07/13  at  02:49 PM