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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Erie Area Mortgage Broker Gets Prison in Fraud Case
GoErie.com - Erie, PA
Shortly before receiving a nearly three-year federal prison sentence, former mortgage office manager Francis R. Conti told the judge he never meant to defraud any of the homeowners caught up in a widespread local mortgage-fraud scheme.
Three Former Portland-Area Mortgage Brokers Face Fraud Charges
OregonLive.com - Portland, OR
Joel D. Surprenant, Michael Duc Han and Benjamin Lucian Lucescu all were charged with one count of obtaining mortgage loans through materially false and fraudulent pretenses.
Shaker Pair Pleads Guilty to Mortgage Fraud Charges
Cleveland.com - Cleveland, OH
Two Shaker Heights residents recently pleaded guilty to charges involving a mortgage scheme with seven area houses and $3 million in fraudulent loans.
Feds File Charges in Five Mortgage Fraud Cases
Chicago Breaking News - Tribune - Chicago, IL
Federal charges were filed today against 37 people and four companies in five separate mortgage fraud cases.
Feds Fighting Back
Contra Costa Times - Walnut Creek, CA
Mortgage fraud has increased so dramatically in the San Joaquin Valley that a task force of federal, state and local agencies has been formed to fight back.
Private Investigator Sees Rise in Mortgage Fraud Due to Economy
PR Web - Ferndale, WA
In the past 12 months his firm has been retained to conduct over 300 mortgage fraud investigations, a 100% increase from 2007.
Former UGA, NFL Football Player Arthur Marshall Charged With Mortgage Fraud Claims
WJBF-TV - Augusta, GA
He is also accused of defrauding three banks in obtaining loans for seven different properties in Columbia and Richmond Counties.
Cuomo Subpoenas Loan Modification Companies
New York Times - United States
“The entire industry is a scam, in my opinion,” Mr. Cuomo said Tuesday. “These are services that homeowners don’t need to pay for in the first place.”
Defendant Pleads Guilty to Wire Fraud Relating to Mortgage Fraud Scheme
Imperial Valley News - Holtville, CA
Scavitti admitted that between 2003 and August 2008 he unlawfully diverted mortgage funds that were wire transferred into his client office account to his own personal benefit, resulting in losses in excess of $2.5 million.
Fed Drug Report: Double Trouble for Metro Chicago
ABC7Chicago.com - IL
...Chicago street gang members run a network of legitimate businesses and have engineered mortgage fraud schemes, both to launder drug proceeds...
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Trial coverage provided by Anne Mitchell, Crazy Fish Realty.
Update - US v. F. Jeffrey Miller, et al.
Miller II: Judge Julie Robinson has ruled in favor of the defense motion granting a continuance for sentencing of the 3 convicted defendants: F. Jeffrey Miller, Steve Vanatta and Hallie Irvin. The three will now be sentenced after ruling on post trial motions set for August 10, 2009.
Vanatta has been in custody for over 2 years. Vanetta filed a motion for his release pending sentencing. That motion was denied.
Miller remains free pending his sentencing. He has hired a new attorney who filed a motion to delay Miller's sentencing. In one post trial motion, the defense argues as to what assets are subject to seizure.
Defendant Todd Earnshaw is a Kansas City real estate Broker (and brother in law of Miller). Earnshaw has been indicted in what is commonly referred to as Miller I. A trial date for that matter has been set for January, 2010 in Topeka, Kansas.
The Government filed a motion to revoke Earnshaw's bond and remand him to custody while he awaits trial after learning that he allegedly committed the state crimes of Driving Under the Influence, Handicap Parking Violation and Failure to Control Speed to Avoid a Collision while on pretrial release. Notwithstanding finding that probable cause existed to believe that Earnshaw committed the aforementioned state crimes, Judge Robinson denied the motion, but ordered several strict conditions that Earnshaw must follow pending his trial.
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