Wednesday, November 11, 2009
Broker Sentenced for 5 Year Mortgage Fraud Scam
Clarence Lewis III, 46, Houston, Texas, has been sentenced to 15 years in federal prison without parole for running a mortgage fraud scheme. United States District Judge Lynn N. Hughes handed down the prison sentence.
As previously reported by Mortgage Fraud Blog, Lewis was convicted May 13, 2009, of conspiracy to commit mail and wire fraud and four counts of wire fraud by Judge Hughes following a bench trial before Judge Hughes. The United States proved that as part of a conspiracy, Lewis obtained more than $12 million in fraudulent residential mortgage loans during the course of his five-year mortgage fraud scheme beginning in 2002.
Lewis held both a mortgage broker's license and real estate broker's license which he used in the execution of his scheme to defraud. Motown Mortgage Group and Lewis and Associates Realtors were the entities under which Lewis operated. In addition, he used an assumed name business-Astro Construction-to extract loan proceeds from the real estate closings. The loans on the majority of the properties obtained by fraud fell into default and the properties were foreclosed.
In addition to the prison term, Judge Hughes ordered Lewis to pay restitution, the amount of which will be entered early next year, and to serve a three-year-term of supervised release. Lewis has been in federal custody without bond following his conviction on May 13, 2009, and will remain in custody to serve his sentence.
United States Attorney Tim Johnson announced the sentencing. The criminal charges are the result of a joint investigation conducted by agents of the FBI and the Internal Revenue Service Criminal Investigation Division.
mortgage fraud
A person is liable in any act that he or she had made. Thus, if it had been proven that you did any unlawful act and had been sentence as guilty, the accused should face the consequences.
Posted by on 11/11 at 07:57 PM
THAT SOUNDS LIKE THE SAME DEAL THAT G.R.D. WAS INVOLVED WITH AT PINE VILLAGE TOWNHOMES.HE HAD 200 PLUS PROPERTIES FORECLOSED ON.HE CONTROLLED THE ASSOCIATION,MONEY WENT TO HIS BUDDIES FOR POOR WORK.HIS HONEY WAS ON THE BOARD OF DIRECTORS,SHE HAS A RECORD OF WELLFARE FRAUD AND TEXAS WORKFORCE FRAUD.CITY GROUP DOES NOT SEEM TO CARE ABOUT 1 AND 1/2 MILLION FRAUD..
Posted by on 11/13 at 03:23 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.
More Trial Coverage
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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 
