Wednesday, July 09, 2003
Willingboro, New Jersey Couple Charged with Defrauding Mortgage Lenders
A Willingboro, New Jersey couple was indicted on charges they defrauded mortgage lenders through the use of fictitious income tax returns, U.S. Attorney Christopher J. Christie announced.
Maria James, 58, a tax preparer, is charged in a four-count Indictment with conspiring with her husband Rigberto Martinez, 37, to defraud Cendant Mortgage Corporation, and with committing wire fraud against Cendant and Home American, another mortgage company. James is also charged with making a false statement to the IRS in connection with the representation of one of her taxpayer-clients. James is charged in all four counts of the Indictment while Martinez is charged only in the first two counts involving Cendant, according to Assistant U.S. Attorney Alain Leibman.
The Indictment alleges that Cendant was induced to make a $40,000 loan to allow Martinez to purchase a Brigantine condominium in 1999 based on fraudulent tax returns and Forms W-2 and other documents, which he supplied and which he and James prepared. The Indictment also charges that James falsified tax and related documents in 1998 in order to obtain a $135,000 loan from Home American in Bala Cynwyd, Pa. Finally, the Indictment alleges that James falsified a power of attorney form, claiming falsely to be an attorney and accountant, in order to represent one of her taxpayer clients in proceedings before the IRS.
Count One charges James and Martinez with conspiracy to commit wire fraud. Both defendants are charged in Count Two, wire fraud; James only is charged with Count Three, wire fraud; and James is charged in Count Four with making false statements.
Each of the counts carries a maximum penalty of five years in prison and a $250,000 fine.
Despite Indictment, every defendant is presumed innocent, unless and until found guilty beyond a reasonable doubt following a trial at which the defendant has all of the trial rights guaranteed by the U.S. Constitution and federal law.
mortgage fraud
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Rachel Dollar is an attorney and Certified Mortgage Banker who handles fraud recovery litigation for lenders and secondary market investors nationwide. She is a nationally recognized speaker on the topic of mortgage fraud. Ms. Dollar is licensed to practice law in California and maintains offices in Santa Rosa, California. 
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