Wednesday, August 27, 2008
Mortgage Broker Sentenced To More Than 8 Years
Robin Neil Snyder, 56, Pikesville, Maryland, was sentenced to 97 months in prison followed by three years of supervised release for 13 counts of wire fraud, money laundering and obstructing justice arising from a scheme to defraud commercial loan applicants, announced United States Attorney for the District of Maryland Rod J. Rosenstein. U.S. District Judge Catherine C. Blake also ordered that Snyder pay restitution, although the final amount of restitution will be determined after reviewing victims claims.
As previously reported by Mortgage Fraud Blog, and according to evidence presented during the three week trial, Snyder, a licensed mortgage broker, owned and operated Mortgage Bankers, Ltd., originally located in Baltimore and relocated to Owings Mills, Maryland in 2005. From about March 2002 to January 2006, Snyder used internet websites to advertise and solicit customers for his lending businesses, and promote Mortgage Bankers as a commercial lender capable of providing “difficult” or “impossible” loans anywhere in the United States in amounts up to $300 million. Snyder had prospective commercial borrowers mail and fax to Mortgage Bankers business plans, appraisals, tax returns and insurance information in support of the borrowers’ loan applications. Snyder would advise the applicants that based on his review of their applications, the applicants were qualified to receive the loans. He falsely stated that he or another lending source he had located would be the lender. In fact, Snyder had insufficient funds available to lend and had not located other lending sources.
The loan applicants were required to pay a nonrefundable advance fee referred to as a “mortgage origination fee” and a “conditional commitment fee.” Applicants were falsely advised that settlement would take place after underwriter issues were resolved. However, Mortgage Bankers had no underwriting staff and none of the supporting documentation supplied to Mortgage Bankers was ever submitted to another company for independent underwriting. After the commercial loan applicants transferred the advance fees, it became difficult for the applicants to contact Snyder, leaving the borrowers with no information about their anticipated settlement dates. On those occasions when loan applicants were able to make contact with Snyder, he refused to schedule a settlement date. Although the applicants complied with all requests for income and document verification, Snyder refused to close the loans and kept the advance fees. Bank records introduced at trial showed that Snyder and his company collected more than $650,000 in advance fees for commercial loan applications.
Even after his arrest on the federal indictment, Snyder continued to use his website to solicit advance fees from commercial loan applicants in violation of his pretrial release conditions. As a result, the government moved to revoke Snyder’s pretrial release conditions and an evidentiary hearing was held on October 4, 2007. At that hearing, the defendant attempted to obstruct the proceeding by making false statements about his discussions with a loan applicant who lived in Vermont and by moving into evidence a backdated letter and refund check.
“The lengthy prison term in this case sends a powerful message about our commitment to prosecute lenders who callously cheat loan applicants,” said United States Attorney Rod J. Rosenstein. “Robin Snyder collected $650,000 in advance fees from commercial loan applicants, knowing that he would not lend money as promised. Even after his arrest in this case, Mr. Snyder continued to solicit advance fees through the internet.”
United States Attorney Rod J. Rosenstein praised the Federal Bureau of Investigation for their investigative work and thanked Assistant U.S. Attorneys Martin Clarke and Michael Leotta, who prosecuted the case.
mortgage fraud
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Erie Area Mortgage Broker Gets Prison in Fraud Case
GoErie.com - Erie, PA
Shortly before receiving a nearly three-year federal prison sentence, former mortgage office manager Francis R. Conti told the judge he never meant to defraud any of the homeowners caught up in a widespread local mortgage-fraud scheme.
Three Former Portland-Area Mortgage Brokers Face Fraud Charges
OregonLive.com - Portland, OR
Joel D. Surprenant, Michael Duc Han and Benjamin Lucian Lucescu all were charged with one count of obtaining mortgage loans through materially false and fraudulent pretenses.
Shaker Pair Pleads Guilty to Mortgage Fraud Charges
Cleveland.com - Cleveland, OH
Two Shaker Heights residents recently pleaded guilty to charges involving a mortgage scheme with seven area houses and $3 million in fraudulent loans.
Feds File Charges in Five Mortgage Fraud Cases
Chicago Breaking News - Tribune - Chicago, IL
Federal charges were filed today against 37 people and four companies in five separate mortgage fraud cases.
Feds Fighting Back
Contra Costa Times - Walnut Creek, CA
Mortgage fraud has increased so dramatically in the San Joaquin Valley that a task force of federal, state and local agencies has been formed to fight back.
Private Investigator Sees Rise in Mortgage Fraud Due to Economy
PR Web - Ferndale, WA
In the past 12 months his firm has been retained to conduct over 300 mortgage fraud investigations, a 100% increase from 2007.
Former UGA, NFL Football Player Arthur Marshall Charged With Mortgage Fraud Claims
WJBF-TV - Augusta, GA
He is also accused of defrauding three banks in obtaining loans for seven different properties in Columbia and Richmond Counties.
Cuomo Subpoenas Loan Modification Companies
New York Times - United States
“The entire industry is a scam, in my opinion,” Mr. Cuomo said Tuesday. “These are services that homeowners don’t need to pay for in the first place.”
Defendant Pleads Guilty to Wire Fraud Relating to Mortgage Fraud Scheme
Imperial Valley News - Holtville, CA
Scavitti admitted that between 2003 and August 2008 he unlawfully diverted mortgage funds that were wire transferred into his client office account to his own personal benefit, resulting in losses in excess of $2.5 million.
Fed Drug Report: Double Trouble for Metro Chicago
ABC7Chicago.com - IL
...Chicago street gang members run a network of legitimate businesses and have engineered mortgage fraud schemes, both to launder drug proceeds...
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Trial coverage provided by Anne Mitchell, Crazy Fish Realty.
Update - US v. F. Jeffrey Miller, et al.
Miller II: Judge Julie Robinson has ruled in favor of the defense motion granting a continuance for sentencing of the 3 convicted defendants: F. Jeffrey Miller, Steve Vanatta and Hallie Irvin. The three will now be sentenced after ruling on post trial motions set for August 10, 2009.
Vanatta has been in custody for over 2 years. Vanetta filed a motion for his release pending sentencing. That motion was denied.
Miller remains free pending his sentencing. He has hired a new attorney who filed a motion to delay Miller's sentencing. In one post trial motion, the defense argues as to what assets are subject to seizure.
Defendant Todd Earnshaw is a Kansas City real estate Broker (and brother in law of Miller). Earnshaw has been indicted in what is commonly referred to as Miller I. A trial date for that matter has been set for January, 2010 in Topeka, Kansas.
The Government filed a motion to revoke Earnshaw's bond and remand him to custody while he awaits trial after learning that he allegedly committed the state crimes of Driving Under the Influence, Handicap Parking Violation and Failure to Control Speed to Avoid a Collision while on pretrial release. Notwithstanding finding that probable cause existed to believe that Earnshaw committed the aforementioned state crimes, Judge Robinson denied the motion, but ordered several strict conditions that Earnshaw must follow pending his trial.
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