Tuesday, August 19, 2008
Last Defendant In First Rate Mortgage Scheme Sentenced
Christopher Erik Septon, 35, Big Lake, Minnesota, was sentenced to two years in prison. United States District Court Judge Joan Ericksen also sentenced Septon to three years supervised release and ordered him to pay more than $2.3 million in joint restitution with the other defendants.
As previously reported by Mortgage Fraud Blog, the co-defendants in the case are: Sean Brian Leaf, 35, Woodbury, Minnesota, who was sentenced on May 9, 2008, to 18 months in prison and three years probation; Joddilee Margaret Lindberg, 50, Minneapolis, Minnesota, who was sentenced on May 9, 2008, to four years probation and eight months of community confinement with work release; and Micah Daniel Thormodsgaard, 25, St. Paul, Minnesota, who was sentenced on April 3, 2008, to three years probation; Edward Arnold Septon, 59, Naples, Florida., who was sentenced on May 28, 2008, to 70 months in prison and five years supervised release; and Christopher Adam Horton, 34, Minnetonka, Minnesota, who was sentenced on May 12, 2008, to 24 months in prison and three years supervised release.
All six defendants pleaded guilty last fall to one count of conspiracy to commit mail fraud and bank fraud, and Edward Septon also pleaded guilty to one count of bank fraud on Sept. 21, 2007. All six were charged on Aug. 8, 2007.
According to their respective plea agreements, they admitted that between 2000 and August 2004 they conspired to use the U.S. Mail to execute a scheme to defraud financial institutions and private mortgage lenders of funds. Specifically, through their business, First Rate Mortgage Group, they represented that, for a fee, they could help people obtain financing for the purchase of real estate.
In furtherance of their scheme, they mailed false and fraudulent loan applications to banks and mortgage lending companies, which concealed that First Rate Mortgage had loaned the money for the down payment to the borrower. The applications also inflated the borrower’s income and assets, falsely described the borrower’s employment, contained forged signatures, and attached false documents, including pay stubs, gift letters, bank statements and bank notes.
In January 2004, the six defendants caused false loan applications to be submitted to Washington Mutual Bank in the amount of $1,330,000, and Associated Bank in the amount of $378,555 on behalf of a borrower purchasing property in Wayzata, Minnesota. The applications falsely stated the source of the down payment, which had been loaned by the conspirators, and included other falsified information.
This case is the result of an investigation by the Federal Bureau of Investigation and the U.S. Postal Inspection Service, and is being prosecuted by Assistant U.S. Attorney John R. Marti.
mortgage fraud
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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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