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imageRachel 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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Friday, July 06, 2007

North Carolina Man Ordered to Forfeit $3 Million

Roger Dale Ray, Raleigh, North Carolina, has been ordered to pay $3 million in forfeiture as a result of his role in a mortgage fraud scheme.

As previously reported on Mortgage Fraud Blog, Roger Dale Ray aka Peanut was named as a defendant in a superseding indictment filed in the United States District Court for the Eastern District of North Carolina. The charges against Ray include conspiracy to distribute a controlled substance; money laundering - continuing criminal enterprise; conspiracy to launder monetary instruments; money laundering; and, false statements. Ray was initially indicted on January 18, 2006; however, the indictment was sealed.

According to the indictment, on specified dates between January 24, 2003 and April 5, 2006, Ray allegedly made false statements to several lenders, including SouthTrust Mortgage Corporation, Central Carolina Bank, State Employee’s Credit Union, RBC Centura Bank and Wachovia Bank, by submitting false federal tax filings in support of loan applications. The drug charges allege that Ray conspired to distribute and possess with intent to distribute, more than five kilograms of cocaine and more than fifty grams of cocaine base (crack.) Mortgage Fraud Blog has been informed that the involved parties committed mortgage fraud in order to obtain investment properties and that further charges are expected. Ray was also reportedly a “real estate investor” and the owner of R&S Properties, Inc., CFI Mortgage, and Amstar Mortgage. Public records also indicate a relationship with Chase Holding Company, LLC; Evolution VII, LLC; LocalMotion R&S Properties Incorporated; Ray’s Development, LLC; RogDRick LLC, Smithfield Road, LLC and Woodpecker LLC.

The properties sought to be forfeited include:

2909 Oak Bridge Road, Raleigh, North Carolina;

4200 Ruby Drive, Raleigh, North Carolina;

9716 Fairchild Road, Zebulon, North Carolina;

9720 Fairchild Road, Zebulon, North Carolina;

4525 Auburn Church Road, Garner, North Carolina;

4513 Auburn Church Road, Garner, North Carolina;

2816 Quince Drive, Raleigh, North Carolina;

608 Wexford Drive, Raleigh, North Carolina;

1315 E. Lenoir Street, Raleigh, North Carolina;

907 E. Hargett Street, Raleigh, North Carolina;

9725 Fairchild Road, Zebulon, North Carolina;

234 W. Barbee Street, Zebulon, North Carolina;

217 S. Pettigrew Street, Raleigh, North Carolina;

2400 Sunny Lane, Raleigh, North Carolina;

7117 Brodie Alston Lane, Wendell, North Carolina;

7121 Brodie Alston Lane, Wendell, North Carolina;

1704 Pender Street, Raleigh, North Carolina;

3101 Rosinburg Road, Zebulon, North Carolina;

715 Sheperd School Road, Zebulon, North Carolina;

709 Carlisle Street, Raleigh, North Carolina;

102 First Avenue, Knightdale, North Carolina;

101 S. Smithfield, Knightdale, North Carolina;

7101 Missionary Ridge Drive, Raleigh, North Carolina;

316 N. Allen Road, Wake Forest, North Carolina;

3117 Woodpecker Court, Raleigh, North Carolina;

206 W. Barbee Street, Zebulon, North Carolina;

214 W. Barbee Street, Zebulon, North Carolina;

9712 Fairchild Road, Zebulon, North Carolina;

100 W. Barbee Street, Zebulon, North Carolina;

2015 Village Park Drive, Knightdale, North Carolina;

0 S. First Avenue, Knightdale, North Carolina;

0 Bethlehem Road, Knightdale, North Carolina;

1019 Windward Hill Court, Middlesex, North Carolina; and

100 Oakdale Avenue, Clayton, North Carolina.

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Posted by Staff Reporter on 07/06/07 at 04:48 AM
Mortgage FraudNorth Carolina • Total comments: (0) (0) Trackbacks

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Previous Articles

TRIAL COVERAGE

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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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.

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