Tuesday, October 13, 2009
Former Attorney Charged with Foreclosure Fraud
Brian L. Nehrig, 43, Indianapolis, Indiana, has been charged with mail fraud.
The charging document alleges that Nehrig was employed as a lawyer with a law firm who contracted with CitiMortgage to do foreclosure work. Nehrig's duties were to attend sheriff's sales and place minimum price bids according to CitiMortgage's authorization for its properties in foreclosure. If all worked properly, third-party bidders could bid for the properties and, if sold for more than the minimum price, Nehrig would send CitiMortgage the funds from the sale. In this case, Nehrig placed an inflated minimum bidding price for many of the properties at the sheriff's sale. He then completed sales of the properties with third parties with whom he was associated without CitiMortgage's knowledge and permission. Nehrig hid the conduct from CitiMortgage by sending CitiMortgage a check for its minimum price plus $1, making CitiMortgage believe its property had sold at the sheriff's sale in an arm's length transaction. The charging document alleges that the difference between the funds sent to CitiMortgage and the actual funds received by the deals was $106,122.
Timothy M. Morrison, United States Attorney, Southern District of Indiana, announced the charges.
According to Assistant U.S. Attorney Gayle L. Helart, who is prosecuting the case for the government, Nehrig faces a maximum of 20 years in prison and a $250,000 fine. An initial hearing will be scheduled before a U.S. Magistrate Judge. Nehrig is no longer an attorney.
An information is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
The charges are the result of an investigation by the Federal Bureau of Investigation.
mortgage fraud
BY HIS ACTIONS HE JUST PASSED THE TEXAS STATE BAR EXAM!!!!!!!
Posted by on 10/13 at 02:59 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.
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 
