Friday, October 17, 2008
Indictments Announced In Ohio Scheme Involving 78 Homes
Seven defendants (3 individuals and 4 companies) have been indicted for a mortgage fraud scheme involving over 5.8 million dollars in fraudulent loans for 78 houses in the Slavic Village area, Ohio, of which 89% (69 houses) fell into mortgage foreclosure, tax foreclosure, or tax delinquency.
Mark Kellogg, 38, Fairview Park, Ohio, fraudulently acted as the mortgage broker and was the deal-maker who engaged others to buy and sell houses for profit. His girlfriend, Beverly Cody, 41, Fairview Park, Ohio, assisted Kellogg as a buyer and seller and took money for falsely claiming to work on the houses while doing business as Cody’s Cleaning Service. Antoinece Boyd, aka Robin Boyd, 38, Cleveland, Ohio, prepared false tax and loan documents at the request of Kellogg.
Mark Kellogg and Beverly Cody were indicted on 73 counts including, Engaging in a Pattern of Corrupt Activity (RICO), Theft by Deception, Securing Writings by Deception, Forgery, Uttering, Telecommunications Fraud, Receiving Stolen Property, Falsification, Tampering with Government Records, Conspiracy to Commit RICO and Money Laundering. Antoinece Boyd was indicted on 51 counts of similar charges.
Multiple charges were filed against two companies operated by Kellogg: RJM Home Development, Investors LLP was indicted on 19 counts and Tennessee Thoroughbred Construction was indicted on 27 counts. Charges were filed against Boyd‘s company: Boyd Business Management Company, LLC was indicted on 51 counts. Charges were also filed against the mortgage broker: Empire Equity Group Inc. dba 1st Metropolitan Mortgage Company was indicted on 60 counts.
A collaborative effort among law enforcement agencies was responsible for forming the task force that is combating the rampant mortgage fraud happening in Cuyahoga County.
Task force members are: Ohio Organized Crime Investigations Commission, Cuyahoga County Prosecutor’s Office, Ohio Bureau of Criminal Identification and Investigation, Cuyahoga County Sheriff’s Office, Cleveland Heights Police Department, Solon Police Department, Cleveland Police Department, Pepper Pike Police Department, HUD, Cuyahoga County Auditor, Cuyahoga County Recorder’s Office, Cuyahoga County Treasurer, Department of Commerce, U.S. Department of Financial Invest, F.B.I., U.S. Attorney’s Office, and U.S. Postal Inspector.
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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.
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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 
