Friday, October 16, 2009
2 Defendants in Mortgage Fraud Scheme Sentenced
Cindy Tilley Greer, 51, Clarendon, North Carolina, was sentenced by United States District Judge W. Earl Britt to 36 months' imprisonment followed by three years of supervised release. A day later, on October 6, 2009, Stanley Garfield Williams, Jr., 38, Bolivia, North Carolina, received 70 months' imprisonment followed by five years supervised release and a fine of $6,000.
A Federal Grand Jury returned a Criminal Indictment on November 19, 2008. Superseding Indictments were returned on February 9, 2009, and April 16, 2009. Williams and Greer pled guilty on February 2, 2009, and June 6, 2009, respective, each pleading to one count of conspiracy to commit wire fraud and mail fraud and one count of conspiracy to commit money laundering.
From approximately January, 1998, until about April, 2004, the defendants and others devised a scheme to defraud home buyers, banks and other lenders to obtain money and property from the home buyers and lenders, by materially false and fraudulent pretenses. Co-defendant Daniel Rooks bought about four tracts of land in Whiteville, North Carolina, subdivided the properties, put trailers on them, and sold them to low income people from around the area. In the Beginning, Rooks was selling these properties himself with the aid of several other family members. Rooks partnered with two mortgage brokers, Williams and another individual out of Greenville, to finance the mobile homes. Rooks falsely stated to the buyers the estimated cost of the property, the payment amounts and his ability to secure loans. After taking their Social Security numbers and names, he would then turn the information over to Williams and the other broker and they would falsify the loan applications, sending them in for approval.
Another co-defendant, Henry Clay Blake, Jr., who was a registered property appraiser, prepared false and inflated appraisals of certain parcels of real property that were submitted to mortgage lenders, which were relied upon by the lenders to determine the value of the real property for the mortgage loan. Greer was employed as a paralegal and notary by a law firm in Whiteville, North Carolina, where she prepared and notarized various real estate documents including the HUD-1 settlement statement. She also arranged and conducted real estate closings, sometimes without the borrower's knowledge or presence, and prepared and disbursed settlement checks.
After the first round of sales were foreclosed, because the buyers could not make the payments, Williams began buying up the foreclosed property, finding new buyers or getting straw buyers whose names and Social Security numbers he could use to sell them all over again. Over 100 loans were secured and approximately $6 million in fraudulent funds were received.
Investigation of this case was conducted by the Internal Revenue Service - Criminal Investigations and the Federal Bureau of Investigation. This case is being handled by the Office's Economic Crimes Section. Assistant United States Attorney Thomas B. Murphy is in charge of the prosecution.
United States Attorney George E.B. Holding announced the October 5, 2009, sentencing.
mortgage fraud
What happened to the Rook’s?
Posted by on 10/19 at 04:39 PM
Daniel Adam Rooks pled guilty but has not yet been sentenced.
Posted by on 11/09 at 04:28 PM
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Juan Carlos Alcala of Windsor pleaded no contest to nineteen felony counts and admitted three special allegations for defrauding real estate investors, money laundering and elder fraud.
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Sharon Cox, 49, of Bedford, was sentenced today to a year in prison for mortgage fraud involving money laundering, theft and receiving stolen property from August 2008 through March.
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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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