Wednesday, October 07, 2009
Real Estate Agent Pleads Guilty to Defrauding Greenpoint
Eric Wayne Moen, 36, Park Rapids, Minnesota, pleaded guilty in federal court to defrauding a mortgage company by conspiring to secure a $640,000 mortgage under false pretenses. Specifically, Moen pled guilty to one count of conspiracy to commit wire fraud. He entered his plea in Minneapolis before United States District Court Judge Ann Montgomery. Moen was indicted on August 20, 2009.
In entering his plea, Moen admitted that between August 1, 2005, and November 28, 2005, he participated in a scheme to defraud GreenPoint Mortgage. To further that scheme, Moen, a licensed real estate agent at the time, conspired with Kevin Ray Winkelmann, 39, Shorewood, to
falsify a mortgage loan application in an effort to secure a loan Winkelmann could use to purchase a house. Specifically, Moen and Winkelmann agreed in connection with the mortgage loan application to generate fraudulent employment verification for Winkelmann. Winkelmann, in fact, was not employed. Based on the fraudulent application, the mortgage company wired $641,840.63 to a title company as part of the real estate closing process.
Moen faces a potential maximum penalty of 20 years in prison for his crime. Judge Montgomery will determine his sentence at a future date. Winkelmann was sentenced on March 3, 2009, to six months in prison for his role in the mortgage fraud scheme.
This case is the result of an investigation by the Internal Revenue Service-Criminal Investigation Division and the U.S. Postal Inspection Service. It is being prosecuted by Assistant U.S. Attorney David M. Genrich.
mortgage fraud
Each day, our own president does nothing to change, alter or end a single problem or campaign promise. He has done nothing but prove himself to be just a part of the ‘chicago machine’ and its ‘do nothing’ attitude towards real problems. Meanwhile, the people suffer because they have a government not ‘put in place’ by their choice. How corrupt has America become? Corrupt beyond your wildest dreams is the only answer. Therefore, the only answer is to fire every single component of the vehicle that delivered the American public to Hell- the US govt. That flag is our flag and has nothing to do with screwing over and harming other people in this country and world. But beware most the control of what you hear and what you see as real… many are the ways of the wicked.
Posted by on 10/07 at 06:27 PM
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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 
