Real Estate Agent Gets 12+ Years For Mortgage Fraud

admin —  February 11, 2009 — 6 Comments

David Kostelec, real estate agent, 54, Leawood, Kansas, was sentenced to 154 months in federal prison for leading a scheme to fraudulently obtain more than $12 million in home loans. Kostelec was also ordered to pay more than $1.3 million in restitution.

Kostelec pleaded guilty in October 2008 to one count of conspiracy to commit wire fraud and money laundering, one count of wire fraud, one count of providing false information to lenders and one count of aggravated identity theft.

In his plea, Kostelec admitted that from July 20, 2002, through Oct. 14, 2005, he and others conspired to defraud lenders by submitting fraudulent loan applications and false real estate appraisals and attempted to conceal the crimes by laundering the money through accounts at various banks.

Kostelec submitted false and fraudulent appraisal reports to lenders containing inflated property values and forged signatures of licensed appraisers. Conspirators stole the identities of licensed appraisers by searching the Internet for information including the appraisers’ state license numbers.

After closing, the conspirators used straw entities including Alexandra Enterprises and Hyde Park Development to receive the money from escrow companies. Then they moved the money to personal accounts.

Kostelec admitted:

In July 2002, he submitted a fraudulent appraisal inflating the value of a house in the 1800 block of Timber Valley Drive, Linn Valley, Kansas.

In April 2003, he submitted a false loan application in his son’s name claiming his son was the owner of a house in the 1600 block of N. 24th Street, Kansas City, Kansas. In fact, Andrew Kostelec lived with David Kostelec at another address.

In July 2004, he fraudulently caused a lender to deposit $57,101 into an escrow account in Kansas for the purchase of a house in the 2000 block of Cypress in Kansas City, Kansas.

In October 2005, he submitted a loan application falsely stating that the borrower had an income of $15,221 a month. In fact, the borrower made significantly less and lived mainly on Social Security retirement benefits.

In January 2008, he falsely stated he had power of attorney to obtain a loan in his son’s name for $575,000 for the purchase of real estate properties in Kansas City, Missouri and Miami, Florida.

Acting U.S. Attorney Marietta Parker, who prosecuted the case, commended the Internal Revenue Service – Criminal Investigation and Housing and Urban Development – Office of Inspector General for their work on the case.

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6 responses to Real Estate Agent Gets 12+ Years For Mortgage Fraud

  1. Really unfortunate as I knew David and even worked for him in the 80s as a laborer for his construction projects.

    We were neighbors and I know his family well. He obviously got too focused on money and tied into some bad people.

    More unfortunate is the affect on his kids.

  2. A friend of mine called me with an unsettling question. As a researcher, she assumes I know a little about everything – but real estate is not my strength and real estate fraud – well that is another thing. It seems she recently found out her husband refinanced their home and did not tell her. She contacted the financial isnstitution for a copy of the credit application, which was sent to her. All of the information on her was correct, but her husbands income was infllated significantly and assets were declared that were higher than what they are actually worth. Yes I did refer her to an attorney, but as she is quite nervous I thought I would ask here the most important question – could she be in any kind of trouble when she did not know the transaction was even occurring. Thanks a lot.

  3. It seems more and more that people just wont believe that “a bull will hook ya”. I think that were just beginning to see the fallout of all these crooks. I’m sure there’s going to be a lot of testifying against one another. I agree Bill, and I look forward to our industry getting a much need bath.

  4. Thankfully, as more of these issues continue to make themselves known, we will see more and more prosecution to weed the real estate industry of all the crooks who gravitate their with the thoughts of easy money.

  5. Yup, once a realtor was trying to tell me that I should buy a house by misstating my income. I dumped the realtor, and Steve you are right, it seems to me that there are many of them who use such practices. I think it was lot more common in foreign communities,

  6. Every agent employs these tactics. Saw it daily as a former appraiser. It’s standard procedure.

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