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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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Friday, April 14, 2006

Three Arrested in Alleged Theft of Leads from Former Employer

Neal Elbaum, 29, Hollis Hills, New York and Ralph Donza, 32, were arrested and charged with Commercial Bribing, Unlawful Duplication of Computer Related Material, and Unlawful Possession of Personal Identification Information.  Co-defendant Carlos Orellano, 38, Great Neck, New York, was also arrested and charged with Commercial Bribe Receiving and Computer Tampering.  The defendants were arrested in connection with a theft of proprietary information from Old Merchants Mortgage, Inc., of Lake Success, New York the former employer of Elbaum and Donza and current employer of Orellano.

Ralph M. Donza
image
It is alleged that in the summer of 2005, Donza contacted information technology expert and former co-worker Orellano.  In July, 2005, Donza and Elbaum allegedly met with Orellano and Elbaum paid Orellano thousands of dollars to obtain the name and access codes to a computer account in the Old Merchants Mortgage computer system, which would provide access to Old Merchants Mortgage’s leads on potential mortgage customers.  Elbaum and Donza had started their own mortgage company in Garden City, New York - Old Commonwealth Mortgage, LLC. - of which Elbaum is listed as the President.  Investigators believe that it was their intention to use the stolen information from Old Merchants Mortgage to profit Old Commonwealth Mortgage.  Orellano provided the requested information to Elbaum and Donza.

Carlos Orellano
image
In January, 2006, Old Merchants’ changed their computer system used for receipt and storage of its mortgage leads and once again, it is alleged that Elbaum gained access to the new accounts.  Old Merchants Mortgage discovered the unauthorized access and the involvement of Orellano in the theft.  They hired investigators who recorded a telephone conversation between Orellano and Elbaum in which Elbaum admitted having access to Old Merchants Mortgage’s accounts, his concerns about getting caught, and his desire to obtain more leads from his old employer.

Old Merchants Mortgage estimates that it had paid in excess of $1.3 million for the computer mortgage leads that the defendants had unlawful access to.

Neal S. Elbaum
image

On Thursday, April 6, 2006 a search warrant for the defendants’ business, Old Commonwealth Mortgage, LLC. was secured by Judge Frank A. Gulotta and was executed the following day.  Documents, records, computers, and related equipment were seized from the defendants’ Garden City, New York office.

Two of the defendants were arraigned Saturday, April 8, 2006 in Hempstead.  Bail was set at $5,000 for Elbaum, and $2,500 for DonzaOrellano was arraigned on April 10.

 mortgage fraud

   

Posted by Rachel Dollar on 04/14/06 at 01:50 AM
Mortgage FraudNew York • Total comments: (3)
  1. 7xTPDD hdhfdhfd hdfh dfhfdhht5erhgbh fdhfh hfdhfd 7654 rfdghdfrgh dfhdf hd

    Posted by  on  07/27  at  03:59 AM
  2. Now, these people should receive a serious punishment because what they did is not normal at all. I hate people who do such things. Congratulations to the authorities!

    Posted by  on  10/30  at  10:20 PM
  3. Actually, we can know that a quick flip of an house ownership is an easy signs of fraud. For instance, the fraudster buys a property. The fraudster receives a house appraisal with a certain inflated house price. A straw man who’s unconnected to the fraudster buys the house at a highly inflated house price. So, those fraudsters earn a huge profit.

    Posted by  on  08/26  at  09:28 PM

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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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