Thursday, August 21, 2008
Former Appraiser in Parish Marketing Scheme Sentenced
Donald Todd Yeager, 41, Ardamore, Oklahoma, a former appraiser who provided misleading and inflated appraisals of the homes to lenders in a mortgage fraud scheme involving approximately 200 residences and approximately $100 million in loan proceeds, was sentenced to 15 months and three years supervised release on one count of honest services fraud. Yeager was sentenced by United States District Court Judge Ann Montgomery August 18, 2008, in Minneapolis, Minnesota.
Yeager was connected to the scheme arranged by the owners of Parish Marketing and Development Corp. (PMDC), a long-time Minnesota home builder. On July 31, the owners of the company, along with their son-in-law, were sentenced. The scheme resulted in a loss of between $20 million and $50 million and harmed more than 50 victims. Two additional defendants involved in the scheme were sentenced on August 6, 2008.
According to court documents, PMDC used straw buyers to purchase approximately 200 properties built by PMDC, primarily in the New Prague, New Market and Lonsdale, Minnesota area. In total, the scheme generated nearly $100 million in loan proceeds, with PMDC receiving in excess of $25 million from these loan proceeds.
According to Yeager’s plea agreement, he conducted 74 appraisals for PMDC from 2004 through 2005. These appraisals were misleading and failed to provide material information to the lenders, and were based primarily on a “value” provided by a mortgage broker and were not the product of independent professional analysis.
Yeager also improperly relied on information provided by an individual working for PMDC in making the inflated appraisals. Yeager admitted that his failure to provide honest services was driven by his own economic interest and desire to maintain future business providing appraisals for PMDC. He was paid $400 per appraisal, and received a total of approximately $30,000.
Two other defendants connected to the conspiracy have pleaded guilty to federal charges and await sentencing.
Ramiz Yousef Saadeh, 30, Apple Valley, also pleaded guilty in September 2007 to conspiracy to commit mortgage fraud. The former US Bank officer admitted providing false verifications of deposit to the home builder on behalf of straw buyers.
In June 2008, John M. Rubischko, 36, Eagan, a former mortgage broker implicated in the scheme, also pleaded guilty to mortgage fraud and identity theft charges.
This case is the result of an investigation by the Federal Mortgage Fraud Task Force, including the Internal Revenue Service-Criminal Investigation Division and the Federal Bureau of Investigation. The investigation has been assisted by the Minnesota Department of Commerce, the Scott County Sheriff’s Office, the Rice County Sheriff’s Office, the Le Sueur County Sheriff’s Office, and the New Prague Police Department. The case is being prosecuted by Assistant U.S. Attorney Joe Dixon.
mortgage fraud
I was the in house review appraiser at Lydian Data Services, a due diligence company. I reviewed two appraisal reports in conjunction with the New Market Minnesota fraud case and discovered the appraisals sent to my client were indeed fraudulent. An SAR was filed back in late 2006 which assisted in the guilty pleas of the principals of Parrish Marketing. Its sad about the fraud but I feel glad about the fact that all got caught and that my SAR helped.
Posted by on 08/21 at 11:38 AM
Even if he made a deal, this sentence is too light. 18 USC series calls for 5 years and a minimum of $250,000 fine. Bad appraisers must be held responsible for their actions or this type of appraising will continue.
Posted by on 08/27 at 07:43 AM
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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.
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