Wednesday, March 19, 2008
Kentucky Man Sentenced For Identity Theft
Willie Collins, 76, Chicago, Illinois, was sentenced to 2 years and 1 day imprisonment in United States District Court, Louisville, Kentucky, for aggravated identity theft and conspiracy to commit bank and wire fraud; all in connection with the fraudulent obtaining of mortgage loans on two Kentucky residences, one in Indian Hills and the other in Cherokee Triangle. Thomas B. Russell, Judge, United States District Court, also sentenced Collins to 3 years supervised release following incarceration. There is no parole in the federal judicial system.
As previously reported by Mortgage Fraud Blog, Collins pled guilty on May 15, 2007, to charges related to his involvement in the stealing of the identity of the owners of homes in Indian Hills and the Cherokee Triangle to facilitate three fraudulent loan closings on the properties. He, along with James C. Hardison, Freddie Johnson, and Marilyn Rainey, were able to effectuate their scheme by also stealing the identity of a Southern Indiana man so that Hardison could pose as a buyer at the closing, while Rainey posed as the actual owner of the property. Using these stolen identities, Hardison, Rainey, and Collins participated in multiple closings on these properties. At the closing on the Indian Hills home, they attempted to obtain a loan in the amount of approximately $403,000. At the first closing on a home in the Cherokee Triangle, they were able to obtain approximately $290,000 in loan proceeds. They obtained a second loan from a different lender on the same Highlands home, but were arrested by the Louisville Metropolitan Police Department (LMPD) before they could withdraw these funds. Hardison’s role in the scheme was to arrange the loans and pose as the buyer of the property. Johnson‘s role in the scheme was to recruit Rainey to pose as the buyer of the property and to recruit Collins to open a bank account in Louisville so that they could cash the check that they obtained from the closing.
The defendants were able to obtain $303,704.57 from the first closing for the Indian Hills property on November 21, 2006, and $294,567.22 from the second closing on the Cherokee Triangle property on November 27, 2006. The $303,704.57 was wired to a LaSalle Bank account in Chicago that was opened under a fake name. The monies have not been recovered. The bank, however, put a hold on the check from the second closing. When the defendants attempted to withdraw the proceeds from this second check, the Louisville Metropolitan Police Department was able to arrest Johnson and Collins. Shortly after their arrest, the LMPD and the United States Secret Service were able to identify and then arrest Johnson and Hardison.
Hardison, Louisville, Kentucky, was found guilty on October 12, 2007, by a jury in U.S. District Court of aggravated identity theft and conspiracy to commit bank and wire fraud, and was sentenced to 6 years and 9 months imprisonment, plus 5 years supervised release following incarceration. He was also ordered to pay $202,704.57 in restitution to Homecoming Financial.
Johnson, who pled guilty on May 15, 2007, and Rainey, who pled guilty on July 12, 2007, both also from Chicago, Illinois, were sentenced on November 2, 2007. Johnson was sentenced to 6 years and 3 months imprisonment, plus 5 years supervised release; and Rainey was sentenced to 2 years and 1 day imprisonment, plus 5 years supervised release following incarceration. Johnson was also ordered to pay restitution to Homecoming Financial in the amount of $303,704.57.
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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.
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OregonLive.com - Portland, OR
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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.
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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.
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...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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