Thursday, July 20, 2006
Sentence in Maryland Mortgage Flipping Scheme
Heather Maynard, 45, Clinton, Maryland was sentenced to a year and a day in federal prison followed by 3 years of supervised release for conspiring to commit mail fraud and bank fraud in relation to a mortgage flipping scheme. Maynard was also order to pay restitution of $25,378.
According to the statement of facts presented to the court at her guilty plea, from July 1999 to February 2000 Maynard and others, including Waldo Eli Alicea, 45, Fredericksburg, and Reginald Derrick Greene, 41, Bowie, Maryland, executed a scheme to defraud mortgage lenders using “flip” transactions involving fraudulent mortgages for the purchase of single family homes in Charles and Prince George’s counties, Maryland.
Although Maynard is not a licensed mortgage broker, she maintained business relationships with brokers under which they would pay her a portion of, or all of, any mortgage broker fee earned by them on loans she brought the borrower to them as a client. Maynard and her co-conspirators contracted to purchase a foreclosed or bank-owned property at a depressed price. They then entered into a second contract to sell the property at a much higher price to a straw purchaser.
The ‘flip’ was typically accomplished through the use of fraudulent appraisals prepared by Alicea, which created the false impression that the property was worth the much higher price. The flip was also often accomplished through the use of fraudulent documents submitted in support of mortgage loan applications.
Maynard approached various individuals to serve as straw purchasers, assuring them that they could purchase properties at little or no personal financial risk. Maynard supplied lenders with false information about the straw purchasers’ personal financial circumstances, thereby enabling the straw purchaser to qualify for a mortgage loan based on the artificially inflated price. Maynard collected information about the borrower’s financial circumstances and history for the lender’s review.
Alicea and Greene also pled guilty to the mail and bank fraud conspiracy. Alicea was sentenced to 15 months in prison. Greene, an attorney, was sentenced to one year and one day in prison. Greene was employed as a settlement agent for DHC Title Company, Inc., handling real estate settlements and closing services for Maryland properties and serving as an agent for title insurance companies. Both Alicea and Greene were also ordered to pay restitution of $191,984.
mortgage fraud
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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.
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