Friday, May 26, 2006
Tax Preparer Gets Two Years in Mortgage Fraud
Holly R. Coleman, Mayfield Heights, Ohio, was sentenced to 24 months imprisonment, followed by three years of supervised release based on her guilty pleas to a three-count information charging her with aiding and assisting the preparation of false income tax returns for clients of her former tax business, making false claims for income tax refunds in her own name, and mail fraud involving a fraudulent mortgage loan application. Coleman was ordered to pay restitution of $3,896 to the Internal Revenue Service and $17,453.89 to National City Home Loan Services, Inc. Coleman was ordered to self-report to prison and remains on bond.
Coleman pleaded guilty to the charges on February 21, 2006, pursuant to a written plea agreement, in which she admitted to the criminal conduct described below. According to the plea agreement, during times relevant to the charges, Coleman was self-employed as an accountant and tax return preparer, doing business as The Coleman Company and/or Tax Specialists.
As charged in Count 1, from approximately January 1, 2001, through April 15, 2002, Coleman prepared 56 federal income tax returns for 41 tax clients, containing false claims for tax refunds based on falsely claimed income tax credits and, in some instances, false deductions. On each charged return, Coleman fabricated a false claim for an education tax credit based on purported educational expenses which the client had not incurred. She also placed other false credits or deductions on certain of the returns. In aggregate, the returns contained false tax credits totaling $77,149 and false deductions totaling $21,532.
As charged in Count 2, Coleman made false claims for tax refunds by filing her own personal income tax returns for the years 2000 and 2001 which contained fictitious W-2 forms reporting fictitious wages and income tax withholdings on which she based the refund claims.
As charged in Count 3, Coleman induced two other persons (referred to as “Relative” and “Friend”), to act as nominees on her behalf to purchase and obtain mortgage financing for a property in South Euclid, Ohio, where Coleman intended to reside as her personal residence. Coleman induced Relative and Friend to prepare and submit a joint loan application to First Franklin Financial Corporation (now National City Home Loan Services, Inc.), knowing that the application documents contained false representations that Relative and Friend would occupy the premises as their principal residence, and that Friend had monthly income of approximately $801 from “Tax Specialists & The Coleman Co.” Coleman prepared and provided false and fictitious documents which were presented to First Franklin as part of the loan application, including a fictitious W-2 form and fictitious letters from the applicants’ purported landlords.
mortgage fraud
Thanks for your blog. I plan on having your insight available to my readers. I saw as mortgage company owner that a few will take chances, just to have a home or make a commission. This posting is an example I had to watch for closely.
Posted by
Larry Cragun on 06/01 at 10:48 AM
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The prosecution and defense rested Thursday in the mortgage fraud cases against Teresa Marie WIlson and Angelo Surveo Williams.
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In San Francisco, Mr. Russoniello said he is trying to crack down on cases like mortgage fraud, though he doesn't have the budget to hire additional white-collar prosecutors.
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During the real estate boom two years ago, some units were going for a half million dollars. Now some are short selling for just 50 grand.
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Most banks rejected Ms. DeForte because her debt level was too high and her credit score too low. But Lend America put Ms. DeForte into a $402,000 loan backed by the Federal Housing Administration...
Mortgage Fraud Probe Nets 105 Across State
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At least one local man is among 105 people arrested across the state following a nine-month investigation into organized mortgage fraud.
Mortgage Fraud Increases
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The number of frauds involving professional advisors, such as accountants and lawyers, has increased from two to four since March 2008.
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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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