Wednesday, May 30, 2007
Two Men Plead Guilty to Kentucky Mortgage Scheme
Willie Collins and Freddie Johnson separately pleaded guilty (Collins Plea, Johnson Plea) to multiple counts of aggravated identity theft and mail fraud in connection with obtaining fraudulent mortgage loans on a Cherokee Triangle residence. Two other defendants, James Hardison and Marilyn Rainey, were also charged and are scheduled to stand trial in U.S. District Court.
The charges to which Johnson and Collins pleaded guilty relate to their involvement in the stealing of the identity of the owner of 2411 Longest Avenue, Louisville, Kentucky, to facilitate two fraudulent loan closings on the property. They, along with Hardison and Rainey, were able to effectuate their scheme, by also stealing the identity of a Southern Indiana man so that Hardison could pose as a buyer at the closing, while Rainey posed as the actual owner of the property. Using these stolen identities, Hardison, Rainey, and Collins participated in two separate closings on this same property. At the first closing they were able to obtain approximately $290,000 in loan proceeds. They attempted to obtain a second closing and loan on the property in the same amount, but were arrested by the Louisville Metropolitan Police Department before they could withdraw these funds. Johnson’s role in the scheme was to recruit Rainey to pose as the buyer of the property and to recruit Collins to open a bank account in Louisville so that they could cash the check that they obtained from the closing.
The defendants were able to obtain $303,704.57 from the first closing on November 21, 2006, and $294,567.22 from the second closing n November 27, 2006. The bank, however, put a hold on the check from the second closing. When the defendants attempted to withdraw the proceeds from this second check the Louisville Metropolitan Police Department was able to arrest Johnson and Collins. Shortly after their arrest, the LMPD and the United States Secret Service were able to identify and then arrest Johnson and Hardison as the other participants in the scheme.
In addition to his involvement in the two loans for 2411 Longest Avenue, Hardison is also charged in an additional count for his rule in attempting to fraudulently obtained a $403,538.10 loan from Countrywide Mortgage. Hardison is charged with stealing the identity of an individual in order to obtained this loan from Countrywide Home Loans.
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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Rachel 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 
