Monday, March 17, 2008
Mother And Daughter Charged With Mortgage Fraud
Paula Sharice Nelson a/k/a Paula Mason, a/k/a Paula Kimmons, 28, and Jeweline Mason 54, both of Southaven, Mississippi, have been charged in an indictment returned by a grand jury in Memphis, Tennessee. Nelson Mason was charged with mail fraud, bankruptcy fraud, money laundering, and three counts of income tax evasion. Mason was charged with one count of mail fraud. The indictment was sealed until their arrests and initial appearance.
The Indictment charges that both Nelson Mason and Mason devised a scheme to provide false and fraudulent information to financial institutions to secure mortgage loans on various pieces of real property throughout Memphis, Tennessee. Nelson Mason allegedly applied for mortgage loans in the names of her friend and family members and prepared fraudulent home loan applications by falsifying documents to support the mortgage loan applications. Nelson Mason is alleged to have purchased and sold 14 properties throughout the Memphis, Tennessee area, including one that she purchased, located at 4304 Crimson Tree, Memphis, Tennessee, and sold on the same day to Mason, her mother.
The indictment alleges that on or about November 24, 2003, Nelson Mason fraudulently presented a claim to the United States Bankruptcy Court for the Western District of Tennessee. Additionally, Nelson Mason allegedly conducted a financial transaction with proceeds of the fraudulent scheme by depositing a check in the amount of $15,511.83 into a bank account she controlled. Lastly, the indictment charges Nelson Mason with of income tax evasion by filing false tax returns for 2002 and 2003 and not filing a tax return for 2004 even though she had taxable income of approximately $207,261.00 for that year.
Nelson Mason faces a maximum penalty of 60 years in prison and a fine of $2 million and Mason faces a maximum penalty of 30 years in prison and a fine of $1 million if convicted on all counts.
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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 
