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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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Tuesday, October 21, 2008

SEC Charges Five Brokers with Fraud

The Securities and Exchange Commission charged five Los Angeles-area brokers, Guillermo Haro, Kederio Ainsworth, Jesus Gutierrez, Gabriel Paredes and Angel Romo, with securities fraud, alleging that they put their customers at risk by refinancing their homes with subprime mortgages that they could not afford in order to fraudulently sell them unsuitable securities. The SEC alleges that the five registered representatives, who worked for World Group Securities Inc., paid themselves high commissions on both the subprime mortgages and the securities purchases. The customers generally were of modest means, had little prior investment experience, and had little or no formal education beyond high school. Some of the investors did not speak English fluently or at all.

The SEC alleges that Guillermo Haro, Kederio Ainsworth, Jesus Gutierrez, Gabriel Paredes and Angel Romo sold unsuitable securities to customers, primarily variable universal life policies (VUL). Most investors who bought these securities lacked the cash or income to do so, but were urged by their brokers to raise the money to pay for the purchases and the monthly payments required for these products by refinancing their fixed-rate mortgages into subprime adjustable-rate negative amortization mortgages.

“This case demonstrates the SEC’s commitment to halting fraudulent sales practices by brokers and others in the securities industry,” said Linda Chatman Thomsen, Director of the SEC’s Division of Enforcement. “At a time when investors were already losing their homes in record numbers, the SEC alleges that these brokers pushed their customers into risky and unsustainable subprime mortgages as a means of financing a fraud. Not only was the whole scheme fraudulent, but the brokers profited by charging commissions at each stage. The SEC will relentlessly pursue unscrupulous brokers and other securities industry professionals who seek to line their own pockets at their customers’ expense.”

Ken Israel, Director of the SEC’s Salt Lake Regional Office, said, “The defendants’ willingness to take advantage of their customers’ lack of sophistication to fraudulently sell them unsuitable securities products and expose them to possible loss of their homes is egregious misconduct that will not be tolerated by the Commission.”

According to the SEC’s complaint, filed in federal district court in Los Angeles, each defendant was a mortgage broker as well as a registered representative and collected compensation from the mortgage refinancings as well as the sales of securities. In making the sales, the brokers allegedly misrepresented the expected returns from the securities, the liquidity of VULs, the nature of the VULs, and the terms of the new mortgages while failing to disclose material facts about the products. The defendants also allegedly falsified client account forms and order tickets relating to the securities sales.

The SEC’s complaint charges Haro, Ainsworth, Gutierrez, Paredes and Romo with violating the antifraud provisions of the Securities Act of 1933, and the Securities Exchange Act of 1934, and aiding and abetting violations of the broker-dealer books and records provisions of the Securities Exchange Act. The SEC seeks injunctions, disgorgement, and financial penalties.

 mortgage fraud

   

Posted by Staff Reporter on 10/21/08 at 02:34 AM
Mortgage FraudCalifornia • Total comments: (4) (0) Trackbacks
  1. This is the TRUE cause of the financial crisis.

    Posted by  on  10/21  at  08:25 AM
  2. These sound like a bunch of Mexicans, anybody know if these scammers where legally present in the US? I’m curious to know if we have holes in our process that allow illegals to sell securities. God forbid if illegals are not blocked from selling securities.

    Posted by  on  10/21  at  06:12 PM
  3. All of the people mentioned above are US citizensor Naturalized citizens. Not defending them, but i’m of Mexican decent and I find your, “these sound like a bunch of Mexicans” comment offensive.

    All races have there flaws, not one can be excluded.  It is the people them self that have given the race or races a bad name.

    Also before we buy anything or invest we should take it upon ourself to research the person or the company itself. We should even try to ask someone within friends and family a second opinion. We have the power to research.

    But what the persons mention above in the blog did is unforgiving.

    Posted by  on  04/13  at  10:37 AM
  4. deLA,

    I agree with you that hearing a Mexican immigrant’s behavior described is disturbing. The crimes these Mexicans commit against those of us legally present here is very offensive, that’s why the prosecutors here refer to their crimes as “offenses”.

    You claim to know these fraudster’s legal status. You claim that none of these fraudster’s are legal resident aliens with green cards but instead they all are citizens. Which of these fraudsters were naturalized and on what date? And which of these fraudsters were born here in the U.S. and on what date and in what specific state and county were the American born fraudsters born?

    If you can’t answer the above, then you are not in any position to attest to these fraudster’s legal status. On the other hand though, if you do know these fraudster’s legal status, you would have to be fairly close to these crooks. If this is the case, then you hang with such a slimy group of people. Are you yourself guilty of any felonies? Do you have a history of steeling from American financial institutions?

    Posted by  on  04/13  at  11:12 AM

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Today's News

Some Sources require Registration.

 

Mortgage Fraud Risk Index Jumps 11 Percent, According to Verisk Analytics Subsidiary Interthinx
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The report...indicates that the overall Interthinx Mortgage Fraud Risk Index surged more than 11 percent from the previous quarter...

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The Jackson Citizen Patriot - MLive.com
The prosecution and defense rested Thursday in the mortgage fraud cases against Teresa Marie WIlson and Angelo Surveo Williams.

Wyoming Woman Charged with Mortgage Fraud After Allegedly Stealing Sister's Identity
MLive.com
A Wyoming woman is facing felony charges accusing her of stealing her sister's identity to obtain a mortgage...then defaulting on that mortgage, leaving taxpayers on the hook.

U.S. Attorney Targets White-Collar Crime
Wall Street Journal
In San Francisco, Mr. Russoniello said he is trying to crack down on cases like mortgage fraud, though he doesn't have the budget to hire additional white-collar prosecutors.

Arrests Made in Orlando Mortgage Fraud Roundup
MyFoxOrlando.com
During the real estate boom two years ago, some units were going for a half million dollars. Now some are short selling for just 50 grand.

10 Accused of Mortgage Fraud at PR Coastal Resort
Forbes
A developer and nine other people, including a former salsa singer, have been charged in an alleged $14 million mortgage fraud in Puerto Rico...

Strodtman Jury Selected in Mortgage Fraud Trial
Greeley Tribune
Attorneys will deliver opening statements this morning in the trial of Mark Strodtman, who is accused of bilking homeowners in a mortgage scheme years ago.

FHA Digging Out After Loans Sour
Wall Street Journal
Most banks rejected Ms. DeForte because her debt level was too high and her credit score too low. But Lend America put Ms. DeForte into a $402,000 loan backed by the Federal Housing Administration...

Mortgage Fraud Probe Nets 105 Across State
Bradenton Herald
At least one local man is among 105 people arrested across the state following a nine-month investigation into organized mortgage fraud.

Mortgage Fraud Increases
MortgageRates.co.nz
The number of frauds involving professional advisors, such as accountants and lawyers, has increased from two to four since March 2008.

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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