Tuesday, November 11, 2008

Jury Convicts Multiple NY Defendants Of Fraud

Ronald Persaud, 55, Esther Persaud, 50, and Shawn Persaud, 24, Saratoga, New York, were convicted on Monday, November 10, 2008, following a jury trial before the Honorable Thomas J. McAvoy, Senior United States District Judge.

Ronald and Esther Persaud were each convicted of conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 371, and twelve counts of substantive wire fraud, in violation of Title 18, United States Code, Section 1343. The former count carries a five-year maximum term of imprisonment; the latter counts each carry a twenty-year maximum term of imprisonment. Ronald and Esther Persaud were each acquitted of one count of wire fraud involving a $5,500 payment to convicted codefendant Philip Rechnitzer.

Ronald, Esther and Shawn Persaud were each convicted of conspiracy to launder monetary instruments, in violation of Title 18, United States Code, Section 1956(h). That section carries a twenty-year maximum term of imprisonment.

Ronald Persaud was convicted of two counts of mail fraud in violation of Title 18, United States Code, Section 1341. Each count carries a twenty-year maximum term of imprisonment. In substance, the evidence at trial showed that Ronald and convicted defendant Indranie Persaud perpetuated a scheme to inflate the latter’s employment income on a mortgage application to obtain a $712,000 mortgage to obtain a real property known as 12 Beacon Hill, Saratoga Springs, New York.

The evidence at trial also showed that defendants Ronald and Esther Persaud perpetrated a wire fraud conspiracy by enticing investors to pay advance fees on the false promise that the investors would receive millions of dollars in commercial funding. The investors made advance fee payments in excess of $1 million and received no commercial funding. Ronald Persaud purported to be the person with banking connections, Esther Persaud purported to be a bank executive. Ronald, Esther and Shawn Persaud then conspired to conduct a series of financial transactions calculated to conceal and disguise the source, ownership and control of the advance fees paid to the Persauds and others.

Esther Persaud was also convicted of one count of making a false statement under oath at a bankruptcy hearing, in violation of Title 18, United States Code, Section 152. The bankruptcy count carries a five-year maximum term of imprisonment. In substance, the evidence at trial showed that Esther Persaud made a false statement to a bankruptcy trustee that included that she had no bank accounts, when , in fact, Esther Persaud did have bank accounts.

Following the jury’s verdict, Ronald Persaud remanded into custody.

Additionally, all defendants are subject to periods of supervised release following incarceration, as well as fines, restitution, asset forfeiture and a special assessment. All are scheduled to be sentenced March 9, 2009.

mortgage fraud