Wednesday, March 29, 2006
Loan Officer and Real Estate Agent Sentenced in Arizona Loan Fraud
Two men were setnenced in an Arizona case involving a real estate agent and a loan officer who fraudulently obtained home loans by using false and forged documents.
Carmen Cantu, 61, real estate agent, Phoenix, Arizona was sentenced to five years of supervised probation, with one year to be served in jail. He was also ordered to perform 200 hours of community service, to pay fines and restitution totaling $53,623 and to forfeit his real estate license. Cantu previously pleaded guilty to fraud and forgery.
Francisco Martinez, 31, loan officer Phoenix, Arizona was sentenced to four years of supervised probation, with 60 days in jail, and to pay restitution of $9,999. Martinez pleaded guilty to forgery.
Many of Cantu’s clients were undocumented immigrants. The false and forged documents were used to hide their true identity and credit history. In addition, Cantu stole money from some of these clients; in one case, he sold a client’s home without her knowledge and caused her equity in the home to be distributed to Cantu’s wife, who was also his real estate broker.
Other defendants in the case included Cantu’s wife and broker, Betty Barbee, and escrow officer Victoria Cervantes. Barbee and Cervantes were ordered to pay restitution of $27,823. Two months ago, Barbee was sentenced to two years probation and a $1,000 fine. She was also ordered to forfeit her broker’s license and notary public license. She had pleaded guilty to presentment of a false instrument. Cervantes was sentenced in January to four years probation with forfeiture of her notary public license. She had pleaded guilty to forgery.
Cantu and Barbee were doing business as Profile Realty, Inc. Martinez worked at Security Mortgage Corporation, and Cervantes was employed by First Financial Title Agency of Arizona. All are Phoenix businesses.
The facts in the criminal case were also the subject of administrative proceedings by the Arizona Department of Financial Institutions that resulted in a Consent Order. Under the Order, Security Mortgage Corporation agreed to correct violations of the Arizona statutes governing mortgage bankers and to pay a civil penalty of $75,000. Administrative proceedings against First Financial are pending.
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.
More Trial Coverage
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