Friday, November 21, 2008
Miramar Woman and Miami Man Sentenced on Mortgage Fraud Scheme
Dayanara Montero, Miramar, Florida, and Reinaldo Tudela, Miami, Florida were sentenced to 21 months’ imprisonment, to be followed by three years of supervised release. Both defendants had previously pled guilty to one count of conspiracy to commit wire and mail fraud, in violation of Title 18, United States Code, Section 1349. These were the last of five defendants charged in a cash back at closing mortgage fraud scheme in U.S. v. Talavera et. al., Case No 08-60092-CR-ZLOCH.
According to the Indictment and information obtained during the pleas, Dahomey Talavera, Southwest Ranches, Florida, Osbelia Lazardi, Southwest Ranches, Florida, Sandra Campo, of Doral, Florida, and defendants Dayanara Montero and Reinaldo Tudela conspired to fraudulently purchase a property located at 6402 SW 185 Way, in the Southwest Ranches area of Broward County (“the property”). Talavera, who had obtained the home fraudulently, agreed to sell the house to Lazardi for $1.5 million. The two agreed that Talavera would use the purchase money to pay off her existing mortgage, and then give cash back to Lazardi after closing. To purchase the home from Talavera, Lazardi, with the assistance of mortgage broker Sandra Campo, bookkeeper Reinaldo Tudela, and Dayanara Montero, submitted fraudulent employment documents indicating that her income was more than $32,000 per month. As a result, she received mortgages totaling $1.3 million on the property. Pursuant to their prior agreement, Talavera transferred $538,717.20 at the closing to D1A flooring, a company associated with Lazardi. Lazardi received this money and then transferred $115,000 to Montero, keeping the balance.
Talavera, Lazardi, and Campo each pled guilty to one count of conspiracy to commit wire and mail fraud, in violation of Title 18, United States Code, Section 1349. They were recently sentenced to sentences of 17 months, 21 months and 13 months in prison, respectively.
R. Alexander Acosta, United States Attorney for the Southern District of Florida commended the investigative efforts of the Internal Revenue Service, and the Broward County Sheriff’’s Office. The case is being prosecuted by Assistant United States Attorney Thomas Lanigan.
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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 
