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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 Smith Dollar, PC, is licensed to practice law in California and maintains offices in Santa Rosa, California. Email Ms. Dollar
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The mortgage fraud trial involving Nelson Miller, owner of Freedom Financial Services, resulted in a hung jury. A mistrial was declared on November 19, 2007. A new trial date has been set for January 2, 2008.
As previously reported by Mortgage Fraud Blog, Miller withdrew his guilty plea to two misdemeanors and faced trial on sixteen felony counts. The original indictment, handed down by an Arkansas grand jury in December of 2004, alleged that Miller and his co-defendants defrauded lenders by submitting documents containing misrepresentations including inflated borrower income, inflated appraisals and title commitments with missing liens. They are alleged to have originated at least 84 fraudulent loans between January 2000 and March 2002 with a total value of more than $3.5 million.
Miller pled guilty in August 2006 to two misdemeanor counts of causing false statements to be submitted to HUD. Prior to sentencing, Miller’s counsel submitted to the Court a document entitled ‘Sentencing Memorandum’ that, according to papers later filed by the government, alleged that that the Government had “slipped one in” on him with respect to certain stipulations as to sentencing that were contained within the plea agreement and therefore sought to influence the determination of the Court as to the appropriate sentence. The government requested that the Court either nullify the Plea Agreement, reinstate the Indictment and set the matter for trial or allow Miller to withdraw his sentencing memorandum and proceed to sentencing in conformity with the terms of the Plea Agreement. Miller thereafter requested that the Court allow him to withdraw his plea of guilty.
The Court allowed Miller to withdraw his guilty plea and set the matter for trial on May 7, 2007. Miller will be tried on all 16 felony counts of the original indictment - one count of conspiracy and 15 counts of wire fraud.
The status of the other defendants involved in the case is as follows:
Nicole Jones, 31, Hot Springs Village, AR - Pled guilty on March 22, 05. Sentenced to 1 day in prison and 6 months home detention followed by 5 years supervised release and ordered to pay $146,673.30 in restitution.
David Fleming, 45, Cordova, TN – Pled guilty on March 29, 05. Sentenced to 2 years probation and ordered to pay $11,965.50 in restitution.
Robert Byrd, 55, Gautier, MS – Pled guilty on April 6, 05. Sentenced to 1 day in prison and 6 months home detention followed by 3 years supervised release and ordered to pay $21,491.50 in restitution.
Arlene Ladd, 46, Mabelvale, AR – Pled guilty on March 31, 05. Sentenced to 5 years probation and restitution of $354,425.50.
Mike Dorsey, Metairie, LA – Pled guilty on July 25, 06. Sentencing has been continued.
Melissa Horner – Pled guilty on July 14, 06. Sentencing has been continued.
Katrina Soukkaseum, 43, Fort Smith, AR – Pled guilty on May 5, 05. Sentenced to 3 years probation and ordered to pay $15,734.71.
Freedom Financial – Pled guilty on August 24, 06. Sentencing has been continued.
Bertram Case “Casey” Miller, 40, Little Rock, AR – Pled guilty on September 1, 06. Sentencing has been continued.
How can people whose name in within this article be allowed to sign off on legal paperwork? Should their signature count for anything? I would assume if you pleaded guilty to some fraud on a particular date, than how can you sign paperwork and it is legal on June 13, 2006. I need some clarification on this issue. Can you help me, please?
Posted by on 11/11 at 04:55 PM
IN 2005,2 people went to Baton Rouge.
And the the ATTY Genersal Sectatary told whythey were there,Yes they said we know about [The New Freedom Mortgage Scram ],
Because The DA called them and said the 2 persons was on there way...........
where on your website can we find out
The [ NFMS ] any help much apprecited.
........... Cade Camgar.......
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Thursday, February 18, 2010 F. Jeffrey Miller Trial Continued Testimony
As reported by Anne Mitchell, who viewed the trial:
Angela Parenza worked for Jeff Miller as the office manager for 7 or 8 years beginning in 1998. Parenza was indicted along with Miller and pled guilty to conspiracy to commit bank fraud and money laundering. Parenza testified that Miller or his contractors allegedly preferred to build all the...
Wednesday, February 10, 2010 F. Jeffrey Miller Trial Coverage Continued - Witness Testimony
Steve Middleton Testimony - Coverage Provided by Anne Mitchell
The Government continued in its cross examination of Steve Middleton. He was shown several HUD-1 statements involving sales of homes located in Overland Park, KS, and Olathe, KS. The HUD statements each allegedly showed line items of payments to (James) Moser & Associates, LLC's...
Monday, February 01, 2010 F. Jeffrey Miller Trial Coverage - Continued Witness Examination
According to Anne Mitchell, who is present in court for the trial:
Next Witness: Kelly Sanford
Kelly Sanford of the Federal Reserve was a short witness for the Government. Sanford manages electronic payments between banks and member financial institutions. He was shown copies of wire transfers and asked whether they coincided with the counts in...
Wednesday, January 27, 2010 F. Jeffrey Miller Trial - Prosecution Witnesses Continued
According to Anne Mitchell, who is viewing the trial:
January 13, 2010
Witness: Rick Hayes
Rick Hayes testified that on the day that he closed on his Miller Enterprise home, he received a phone call from the Kansas Banking Commission informing him that his loan was fraudulent. After the Hayes responded to a classified ad, they met with John...
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The information and notices contained on Mortgage Fraud Blog are intended to summarize recent developments in mortgage fraud cases and mortgage banking matters nationwide. The posts on this site are presented as general research and information and are expressly not intended, and should not be regarded, as legal advice. Much of the information on this site concerns allegations made in civil lawsuits and in criminal indictments. All persons are presumed innocent until convicted of a crime. Readers who have particular questions about mortgage banking, mortgage fraud matters or who believe they require legal counsel should seek the advice of an attorney. The creators, editors and sponsors of Mortgage Fraud Blog do not intend to create a confidential relationship or an attorney-client relationship by communication via or arising from this site.