Tuesday, December 16, 2008
Texas Man Convicted Of Mortgage Fraud
Craig Curtis, 36, was convicted by a jury of mortgage fraud and engaging in identity theft in connection with the mortgage fraud scheme.
After a five-day trial and less than three hours of deliberation, a federal jury reached its verdicts finding Curtis guilty on all counts submitted including one count of conspiracy to commit wire fraud, three substantive counts of wire fraud and two counts of aggravated identity theft. As previously reported by Mortgage Fraud Blog, Curtis‘ indictment was included in Operation Malicious Mortgage.
Curtis came to the attention of the Auto Theft Unit of the Harris County Sheriff’s Office during 2007 when it was discovered he had used someone else’s Social Security number in an application for a loan to purchase an Aston Martin. Bank records then revealed that during 2006 and the first half of 2007 Curtis was obtaining large third-party disbursements from the sales of numerous townhomes located near the intersection of Westheimer and Montrose, Houston Texas. At trial, the evidence showed Curtis paid straw buyers to purchase townhomes at prices that were hundreds of thousands of dollars above the market price of the properties. To obtain the loans for the purchase of these properties, false information was submitted to lenders concerning the income and assets of the buyers and their intent to occupy the residences and pay the mortgage. In two of the loan applications, the straw buyers listed Social Security numbers belonging to minors. These numbers, as well as a fraudulent Social Security card listing the numbers, were obtained from Carlin Joubert, a women who operated a supposed credit repair business and who has pleaded guilty in this case to conspiring to produce false identification documents and aggravated identity theft. At the closings of these properties, Curtis typically received disbursements in excess of $100,000 which accounted for much of the inflated purchase price. Out of those funds Curtis would pay his recruiters and straw buyers. The loan amounts exceeded $5 million and Curtis received more than $1 million from the sales discussed during the trial. Most of the townhomes went into foreclosure within a year of the sales.
A number of Curtis’ other co-conspirators have pleaded guilty in this case, including Tiffany Narcisse and Kelton Lyons, two of the mortgage brokers involved in the scheme; Dedrick Johnson and Trevor Cherry, two recruiters; Viktor Thai Ly, who obtained false employment verifications; Michael Nunnerly, an appraiser; and Chi Van Nguyen, a straw buyer. Curtis has been and will remain in federal custody pending his sentencing scheduled for Feb. 27, 2009. He faces punishment of up to five years on the conspiracy conviction and up to 20 years on each of the wire fraud convictions. In addition, Curtis faces mandatory two-year sentence on the aggravated identity theft convictions - the first of which must run consecutive to any other sentences imposed. On all counts, Curtis faces a fine of up to $250,000. The government has already obtained a judgment forfeiting to the United States a Maserati and Breitling which Curtis purchased with proceeds of his mortgage fraud scheme.
This case was investigated by the United States Secret Service and the Auto Theft Unit of the Harris County Sheriff’s Office and was prosecuted by Assistant United States Attorneys Gregg Costa and Ryan McConnell.
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.
More Trial Coverage
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