Tuesday, January 06, 2009
Lawyer Pleads Guilty to Stealing $4M From Real Estate Closings
Michael P. Rumore, 50, who ran his law practice from the basement of his Lyndhurst, New Jersey, home pleaded guilty to stealing approximately $4 million entrusted to him for real estate closings, which he used to gamble in Atlantic City. Rumore entered his plea before Superior Court Judge Harry G. Carroll in Bergen County to first-degree money laundering and second-degree theft by failure to make required disposition of property received. Those charges were contained in an accusation filed by the Division of Criminal Justice Major Crimes Bureau.
Under the plea agreement, the state will recommend that Rumore be sentenced to 15 years in state prison. He must sign a consent judgment to pay full restitution to the victims, which are various title insurance companies. Judge Carroll scheduled Rumore’s sentencing for April 17, 2009.
“This defendant betrayed the oath he took as an attorney, exploiting his position as a fiduciary by stealing approximately $4 million entrusted to him for various real estate closings,” said Attorney General Anne Milgram.
Rumore was hired as an attorney and settlement agent for real estate purchasers. Between April 16, 2007 and August 13, 2008, he received approximately $4 million into his attorney trust account from various mortgage companies. He had a duty to disburse the funds for closings and use them to pay balances on existing mortgages and other associated costs and fees. In pleading guilty, Rumore admitted that he instead transferred the funds into his personal and business accounts and used them to gamble at casinos in Atlantic City, primarily on slot machines.
Based on his conduct, Rumore surrendered his license to practice law in the state on Sept. 4, 2008 and was disbarred by the Office of Attorney Ethics on Sept. 11, 2008. Attorney General Milgram thanked the Office of Attorney Ethics within the New Jersey Judiciary for its assistance in the case.
Detective John Neggia conducted the investigation for the Division of Criminal Justice Major Crimes Bureau. Deputy Attorney General Francine Ehrenberg prosecuted the case and took the guilty plea.
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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 
