Wednesday, December 24, 2008
Georgia Woman Indicted For $1M Fraud
Catherine A. Hickling, Savannah, Georgia is charged with wire fraud in violation of Title 18, United States Code, Section 1343.
The Indictment arose out of a joint federal and state investigation into an alleged mortgage fraud scheme. The indictment alleges that from October, 2004 through May of 2008, Hickling defrauded several mortgage funding companies by submitting false loan applications, fabricated bank statements and other documents. The indictment alleges that Hickling obtained more than $1 million in mortgage loans and loan approvals during the scheme.
In commenting on the prosecution, Edmund A. Booth, Jr., United States Attorney for the Southern District of Georgia stated “The United States Attorney’s Office, together with federal and state investigative agencies, will vigorously investigate and prosecute mortgage fraud in our area.”
According to Booth, Hickling, who was arrested on December 16, 2008, is being detained at the Chatham County Jail on state and federal charges. An initial appearance on the federal charges has not yet been scheduled. Booth stressed that an indictment is only an accusation and is not evidence of guilt. The Defendant is entitled to a fair trial, during which it will be the Government’s burden to prove guilt beyond a reasonable doubt. If convicted, Hickling will face a maximum statutory penalty of twenty (20) years imprisonment; a fine of $250,000; and, three (3) years of supervised release for each count.
Booth praised the investigation in this case by the Savannah-Chatham Metropolitan Police Department and the U.S. Secret Service. The Government is represented by Jim Durham, Assistant United States Attorney and Criminal Division Chief, for the Southern District of Georgia.
mortgage fraud
The scams just keep coming and can be found everywhere in this country.
Bobba
www.scamandfraudblog.com
Posted by on 12/24 at 01:48 PM
This case is interesting to me because:
1) Given that it is from Georgia,among the best in combating fraud, this was still happening as recently as May 2008. We will never stop all the fraud, but with education and regulation, we can and do succeed at making it less frequent.
2) This case is great example of the need for collaboration among regulators and law enforcement from different agencies and levels of government!
HAPPY NEW YEAR TO ALL!
Posted by on 12/31 at 04:05 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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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 
