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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 Smith Dollar, PC, is licensed to practice law in California and maintains offices in Santa Rosa, California. Email Ms. Dollar
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Terry Hugh Mahon, 69, Broken Arrow, Oklahoma, was convicted by a federal jury in connection with a fraudulent investment scheme involving rebate coupons and home mortgages. His co-defendant, Grover Harold Phillips, 70, Stillwater, Oklahoma, pled guilty to conspiracy and money laundering in connection with this scheme.
On November 14, 2007, a federal grand jury indictedMahon and a co-defendant, Grover Harold Phillips, on charges of conspiracy, mail fraud, and money laundering. Phillips operated through a Nevada business trust called Amsterdam Fidelity Business Trust; Amsterdam’s offices were at Phillips’s home in Stillwater, Oklahoma. Mahon operated through a Nevada corporation called Rebates International, Inc.; the offices of Rebates International were in Hollister, Missouri.
From 2000 to 2003, Phillips and Mahon worked with other people, including Emzie Huletty of Oklahoma City, to sell cashback rebate coupons that would supposedly allow purchasers to pay off their home mortgages in five years. The evidence at trial proved that Mahon and the other conspirators made false representations that if victims paid 17% of the value of their homes to conspirators, they would receive rebate coupons worth the entire value of their homes. The money that they paid was to be invested in high-yield trading programs that conspirators claimed could generate approximately 60% interest per year. At the end of five years, the victims could supposedly redeem these rebate coupons for face value and pay off their mortgages. Many victims re-financed their homes, oftentimes on very unfavorable terms, in order generate the 17% required to participate in the program.
The jury heard more than two days of testimony, including evidence offered by victims who took out mortgages so that they could pay tens of thousands of dollars into the program. The evidence demonstrated that the only investment in anything resembling a high-yield trading program was a $50,000 payment in April of 2002 to OsGold, a massive Ponzi scheme that folded in the wake of a federal investigation. The jury also heard evidence that Mahon and other conspirators siphoned off hundreds of thousands of dollars that were supposedly to be invested for the benefit of coupon holders.
After deliberating just over an hour, the jury convicted Mahon on all four counts in which he was charged. These included conspiracy to commit mail fraud, using a commercial interstate carrier to commit fraud, engaging in a financial transaction over $10,000 in criminally derived proceeds, and engaging in a financial transaction designed to conceal the nature of the funds involved. As a result of these convictions, Mahon could be sentenced to twenty years in prison on the conspiracy, fraud, and concealment counts and ten years in prison for engaging in a transaction over $10,000 in criminal proceeds. He also faces a forfeiture judgment in the amount of $1,061,294.85 and fines of more than $1,000,000. Federal law will also require Mahon to pay restitution to the victims of his offenses.
After the jury returned its verdict, U.S. District Court Judge Stephen P. Friot determined that Mahon should be detained pending sentencing. He was immediately placed in the custody of the U.S. Marshal’s Service. Sentencing will take place in approximately ninety days.
Phillips did not stand trial. On Friday, March 21, 2008, he entered pleas of guilty to conspiracy and engaging in a financial transaction involving more than $10,000 in criminally derived property. His sentencing will also take place in approximately ninety days.
Emzie Huletty, who operated EASE Corporation, Vision Services, Inc., and Sunset Financial Group, all located in Oklahoma City, pled guilty to mortgage fraud on March 24, 2006, and is currently incarcerated in federal prison.
“These defendants, aided by others, concocted a scheme whereby they falsely promised buyers and homeowners that if they took out a new mortgage or refinanced their existing mortgage, they could pay it off in just five years with one catch – they had to buy a bogus cashback rebate coupon,” stated United States Attorney John C. Richter. “This coupon promised financial freedom but delivered financial misery. I want to commend the FBI and IRS Criminal Investigative Division for their fine work in making sure these con-artists were held accountable.”
Why was Denver Large, the third partner in this so called scheme never arrested and brought to trial? Why was Mr. Mahon who was supposedly represented by a public defender (due to the fact that he could not afford to hire an outside attorney), not allowed to testify in his own behalf during this trial. Wonder why he didn’t hire a tip top attorney with all that money he supposedly stole. Wonder why Mahon was sentenced to 13 years, Emzie Hueletty who was the one involved with mortgages sentenced to 2 to 3 years, Phillips still free, and Large allowed to walk away. I believe Mahon was the scapegoat to some good recognition for the investigators.
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Michael Ashley, the embattled former vice president of Federal Housing Administration (FHA)-backed mortgage originator Lend America, and the company he worked for, were permanently banned from doing business in the industry last week.
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State lawmakers may beef up protections of property owners' rights by rewriting a law this spring that is at the center of a case of alleged fraud in Pasco County.
Thursday, February 18, 2010 F. Jeffrey Miller Trial Continued Testimony
As reported by Anne Mitchell, who viewed the trial:
Angela Parenza worked for Jeff Miller as the office manager for 7 or 8 years beginning in 1998. Parenza was indicted along with Miller and pled guilty to conspiracy to commit bank fraud and money laundering. Parenza testified that Miller or his contractors allegedly preferred to build all the...
Wednesday, February 10, 2010 F. Jeffrey Miller Trial Coverage Continued - Witness Testimony
Steve Middleton Testimony - Coverage Provided by Anne Mitchell
The Government continued in its cross examination of Steve Middleton. He was shown several HUD-1 statements involving sales of homes located in Overland Park, KS, and Olathe, KS. The HUD statements each allegedly showed line items of payments to (James) Moser & Associates, LLC's...
Monday, February 01, 2010 F. Jeffrey Miller Trial Coverage - Continued Witness Examination
According to Anne Mitchell, who is present in court for the trial:
Next Witness: Kelly Sanford
Kelly Sanford of the Federal Reserve was a short witness for the Government. Sanford manages electronic payments between banks and member financial institutions. He was shown copies of wire transfers and asked whether they coincided with the counts in...
Wednesday, January 27, 2010 F. Jeffrey Miller Trial - Prosecution Witnesses Continued
According to Anne Mitchell, who is viewing the trial:
January 13, 2010
Witness: Rick Hayes
Rick Hayes testified that on the day that he closed on his Miller Enterprise home, he received a phone call from the Kansas Banking Commission informing him that his loan was fraudulent. After the Hayes responded to a classified ad, they met with John...
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