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.
mortgage fraud
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Some Sources require Registration.
Erie Area Mortgage Broker Gets Prison in Fraud Case
GoErie.com - Erie, PA
Shortly before receiving a nearly three-year federal prison sentence, former mortgage office manager Francis R. Conti told the judge he never meant to defraud any of the homeowners caught up in a widespread local mortgage-fraud scheme.
Three Former Portland-Area Mortgage Brokers Face Fraud Charges
OregonLive.com - Portland, OR
Joel D. Surprenant, Michael Duc Han and Benjamin Lucian Lucescu all were charged with one count of obtaining mortgage loans through materially false and fraudulent pretenses.
Shaker Pair Pleads Guilty to Mortgage Fraud Charges
Cleveland.com - Cleveland, OH
Two Shaker Heights residents recently pleaded guilty to charges involving a mortgage scheme with seven area houses and $3 million in fraudulent loans.
Feds File Charges in Five Mortgage Fraud Cases
Chicago Breaking News - Tribune - Chicago, IL
Federal charges were filed today against 37 people and four companies in five separate mortgage fraud cases.
Feds Fighting Back
Contra Costa Times - Walnut Creek, CA
Mortgage fraud has increased so dramatically in the San Joaquin Valley that a task force of federal, state and local agencies has been formed to fight back.
Private Investigator Sees Rise in Mortgage Fraud Due to Economy
PR Web - Ferndale, WA
In the past 12 months his firm has been retained to conduct over 300 mortgage fraud investigations, a 100% increase from 2007.
Former UGA, NFL Football Player Arthur Marshall Charged With Mortgage Fraud Claims
WJBF-TV - Augusta, GA
He is also accused of defrauding three banks in obtaining loans for seven different properties in Columbia and Richmond Counties.
Cuomo Subpoenas Loan Modification Companies
New York Times - United States
“The entire industry is a scam, in my opinion,” Mr. Cuomo said Tuesday. “These are services that homeowners don’t need to pay for in the first place.”
Defendant Pleads Guilty to Wire Fraud Relating to Mortgage Fraud Scheme
Imperial Valley News - Holtville, CA
Scavitti admitted that between 2003 and August 2008 he unlawfully diverted mortgage funds that were wire transferred into his client office account to his own personal benefit, resulting in losses in excess of $2.5 million.
Fed Drug Report: Double Trouble for Metro Chicago
ABC7Chicago.com - IL
...Chicago street gang members run a network of legitimate businesses and have engineered mortgage fraud schemes, both to launder drug proceeds...
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Trial coverage provided by Anne Mitchell, Crazy Fish Realty.
Update - US v. F. Jeffrey Miller, et al.
Miller II: Judge Julie Robinson has ruled in favor of the defense motion granting a continuance for sentencing of the 3 convicted defendants: F. Jeffrey Miller, Steve Vanatta and Hallie Irvin. The three will now be sentenced after ruling on post trial motions set for August 10, 2009.
Vanatta has been in custody for over 2 years. Vanetta filed a motion for his release pending sentencing. That motion was denied.
Miller remains free pending his sentencing. He has hired a new attorney who filed a motion to delay Miller's sentencing. In one post trial motion, the defense argues as to what assets are subject to seizure.
Defendant Todd Earnshaw is a Kansas City real estate Broker (and brother in law of Miller). Earnshaw has been indicted in what is commonly referred to as Miller I. A trial date for that matter has been set for January, 2010 in Topeka, Kansas.
The Government filed a motion to revoke Earnshaw's bond and remand him to custody while he awaits trial after learning that he allegedly committed the state crimes of Driving Under the Influence, Handicap Parking Violation and Failure to Control Speed to Avoid a Collision while on pretrial release. Notwithstanding finding that probable cause existed to believe that Earnshaw committed the aforementioned state crimes, Judge Robinson denied the motion, but ordered several strict conditions that Earnshaw must follow pending his trial.
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Rachel Dollar is an attorney and Certified Mortgage Banker who handles fraud recovery litigation for lenders and secondary market investors nationwide. She is a nationally recognized speaker on the topic of mortgage fraud. Ms. Dollar is licensed to practice law in California and maintains offices in Santa Rosa, California. 
