Wednesday, August 13, 2003
Former Springfield Attorney Sentenced to 46 Months in Prison for Fraud
Former Springfield, Illinois attorney Mark K. Vincent was sentenced to a term of 46 months imprisonment, as announced by Jan Paul Miller, United States Attorney for the Central District of Illinois. Senior U.S. District Judge Richard Mills also ordered that Vincent pay restitution in the amount of $684,475.97 to victims of his fraud. Judge Mills allowed Vincent 60 days to self-report to the federal Bureau of Prisons to begin serving his prison sentence. Upon release from prison, Vincent was ordered to serve five years supervised release.
In December 2002, a federal jury convicted Vincent, age 49, of Springfield, Illinois, of four counts of wire fraud; two counts of mail fraud; and two counts of making false statements to obtain loans related to his operation of a title insurance company.
Evidence presented at trial showed that from 1996 to August 1999, Vincent defrauded clients and Attorney Title Guaranty Fund, Inc., of more than $600,000 when he converted funds entrusted to him and his title insurance company to complete real estate transactions to pay for his personal and business expenses. Such expenses included membership in a country club, a luxury automobile, child day care, a student loan payment and a $500 monthly payment to a family member.
As part of the scheme, and to conceal it from others, Vincent repeatedly covered the costs of real estate closings with money that had been entrusted to him and his firm for other purposes and other closings. When his trust accounts were depleted, overdrawn and out of balance, he created false documents and excuses to deceive his employees, clients, Attorney Title Guaranty Fund and others to make them believe the accounts were fully funded.
In October 1998, Vincent promised a representative of Attorney Title Guaranty Fund that he would close his title company’s existing trust account and open a new one so that the account could be reconciled and to confirm that funds were used for specific closings as intended. While Vincent opened a new account for his title company, he failed to close the old trust account, and in February 1999, created a false bank statement and submitted it to the treasurer of Attorney Title Guaranty Fund.
mortgage fraud
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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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