Wednesday, November 07, 2007
Minnesota Builder, Wife and Son in Law Plead Guilty
Parish Marketing and Development Corporation (PMDC), and its owners, pleaded guilty in federal court to conspiring to commit mortgage fraud and money laundering charges arising from their scheme involving approximately 200 residences and approximately $100 million in loan proceeds. PMDC and its owners acknowledged obtaining more than $25 million for PMDC from the scheme.
PMDC, its owners, Michael Alan Parish, 62, and his wife, Ardith Ann Parish, 61, and a PMDC agent, Christopher David Troup, 39, all of Eagan, Minnesota, pleaded guilty to participating in the conspiracy.
According to their pleas, all four defendants acknowledged participating in the mortgage fraud scheme, by which PMDC utilized straw buyers to purchase approximately 200 properties built by PMDC, primarily in the New Prague, New Market and Lonsdale, Minnesota area. In total, the scheme obtained nearly $100 million in loan proceeds, with PMDC receiving in excess of $25 million from these loan proceeds.
On September 20, 2007, Melissa Smith, Ohio, appeared in federal court and pleaded guilty to conspiring to commit mortgage fraud. Among other things, Smith admitted to acting as a straw buyer for the scheme, purchasing 46 residences for approximately $20 million from October 2004 through January 2007.
The four defendants today also acknowledged completing loan applications for the straw purchases, which included false information, executing loan documents in the names of the straw buyers, and manufacturing and providing false documentation, such as false representations of employment and false verifications of deposit, for the straw buyers for purposes of obtaining loan proceeds to purchase the properties from PMDC.
On September 5, 2007, Ramiz Yousef Saadeh, a former US Bank officer, appeared in federal court and pleaded guilty to conspiring to commit mortgage fraud. Among other things, Saadeh admitted providing false verifications of deposit to the home builder on behalf of straw buyers.
The four defendants today also admitted providing false information that resulted in appraisals that overstated the amount for which the residences could have been sold at the time of the transaction in a normal, arms-length transaction. These appraisals supported a higher sales price to the straw buyers, allowing PMDC to obtain additional funds from the loan proceeds.
On October 11, 2007, Donald Todd Yeager, Oklahoma, appeared in federal court and pleaded guilty to honest services fraud. Among other things, Yeager admitted providing misleading and inflated appraisals to the home builder.
The four defendants today also admitted that the straw buyers did not view the residences they were purchasing, did not negotiate the purchase price of the residences, and, often times, did not execute the sales documents and loan documentation, which were instead signed by the defendants pretending to be the straw buyers.
On September 7, 2007, Kristopher Kenton Robbins, a closing agent and licensed notary public, appeared in federal court and pleaded guilty to conspiring to commit mortgage fraud. Among other things, Robbins admitted allowing signatures of the straw buyers to be signed by others.
Pursuant to the scheme, the four defendants admitted that the straw buyers – the nominal owners of the residences – made no payments on the mortgages that were taken out in their names. Instead, PMDC made all payments or allowed mortgages to go into foreclosure. Often times, PMDC utilized proceeds from the sale of one residence to a straw buyer to make monthly payments for the mortgages held on other residences in the names of other straw buyers.
In addition to the mortgage fraud conspiracy count, PMDC, Michael Parish and Troup also pleaded guilty to a money laundering count.
According to the terms of the plea agreements, the defendants will be sentenced based on determinations made by the court regarding the full extent of loss, the number of victims and the defendants’ respective roles in the scheme. Pursuant to the terms of the plea agreements, the government contends the scheme may have resulted in a loss of as much as $50 million (depending on the value of the residences) and has 50 or more victims.
According to the plea agreements, depending on the determinations made by the court, the federal sentencing guidelines call for a sentence of between 11 and 14 years imprisonment for Michael Parish, a sentence of between nine and 11 years imprisonment for Troup, and five years imprisonment for Ardith Parish, who was deemed to be a minor participant.
Pursuant to the plea agreements, the government will also seek an order of full restitution for the victims of the fraud.
During the hearing today, the government noted that the investigation – which has now resulted in guilty pleas from the home builder and seven individuals in the past eight weeks – has progressed extremely rapidly in an effort to address the impact of the fraud on the community. The government and the defendants indicated that they would jointly seek the appointment of a receiver to assist in the maximization of the value of the properties and PMDC’s assets so as to minimize the impact on the community and the losses to the victims.
mortgage fraud
When is the sentencing to take place?
Posted by on 01/14 at 04:30 PM
When is the sentencing of the Parish’s going to take place or have they already been sentenced. Also, where will they be serving their sentences?
Posted by on 03/20 at 08:49 AM
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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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