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Crystal Paling, 52, Sussex, New Jersey, was sentenced to 37 months in prison for her role in a wire fraud and money laundering scheme involving phony mortgages issued for properties in New Jersey and Florida. 

Paling was convicted by a jury following a three-week trial before U.S. District Judge Peter G. Sheridan. She was found guilty of both counts charged in the Indictment against her: conspiracy to commit wire fraud and conspiracy to commit money laundering. Judge Sheridan imposed the sentence in Trenton federal court.

According to documents filed in this case and the evidence at trial:

Paling acted as the closing agent for fraudulent mortgage loans orchestrated by her co- conspirators, Daniel Verdia, 54, Mahwah, New Jersey; Jaye Miller, 63, Pocono Lake, Pennsylvania; and Sandra Mainardi, 52, Wayne, New Jersey. The co-conspirators put together buyers and sellers in real estate transactions that they could control and then filed false and fraudulent loan applications containing inflated income figures for the borrowers.

Paling wired loan proceeds due to the sellers from a trust account that she controlled to an account in the name of Capital Investment Strategies, a shell company owned by Verdia and Miller. She concealed illicit payments to Capital Investment Strategies by failing to disclose them on the settlement statements. She collected a portion of the disclosed closing fees that appeared on the settlement statements. She also received undisclosed kickbacks paid from Capital Investment Strategies to her own shell company, XL Partnership. Paling retained some mortgage loan proceeds in the trust account and used them to pay back the mortgages on certain properties in order to keep the loans in good standing until the lender’s buyback period expired.

In addition to the prison term, Judge Sheridan sentenced Paling to three years of supervised release and ordered her to pay $532,497 in restitution.

Five other defendants originally charged in the scheme have pleaded guilty and were sentenced for related charges: Verdia and Miller each pleaded guilty to one count of conspiring to commit wire fraud and money laundering and were sentenced to 30 months in prison and six months in prison, respectively; Donald Apolito, 40, Elmwood Park, New Jersey, pleaded guilty to tax evasion and was sentenced to five years of probation; and Robert Gorman, 64, Long Valley, New Jersey, pleaded guilty to subscribing to false tax returns and was sentenced to two years of probation. Mainardi pleaded guilty in Florida federal court to one count of wire fraud and was sentenced to 46 months in prison.

U.S. Attorney Paul J. Fishman announced the sentence.

U.S. Attorney Fishman credited special agents of IRS-Criminal Investigation, under the direction of Acting Special Agent in Charge Shantelle P. Kitchen; and special agents of the FBI, under the direction of Special Agent in Charge Michael B. Ward in Newark, for the investigation leading to today’s sentence.

The government is represented by Assistant U.S. Attorneys Rachael A. Honig and Charlton A. Rugg of the U.S. Attorney’s Office Criminal Division in Newark.

Arthur R. Seaborne, 69, Sarasota, Florida, pleaded guilty to conspiracy to commit bank fraud. Seaborne faces a maximum penalty of 5 years in federal prison. A sentencing hearing has been set for January 24, 2013.

As previously reported by Mortgage Fraud Blog, and according to the plea agreement, from as early as March 2003 through July 2008, Seaborne and others conspired to commit bank fraud. Throughout that time, Seaborne used several corporate entities to perpetuate the fraud scheme, including Southeast Capital Advisors, LLC. Through this entity, Seaborne marketed a “no money down” residential purchase program that operated by making loans to his clients, enabling his clients to make down payments in connection with purchases of residential properties.

Thereafter, Seaborne and his co-conspirators prepared and submitted mortgage loan applications to lenders for these same clients. The applications were fraudulent in that they omitted the fact that the clients’ down payments had been loaned. Further, the applications usually overstated the clients’ assets and understated their liabilities. Some loan applications also included the fraudulent misrepresentation that the clients intended to use the properties as their primary residences, when in fact they were investment properties.

Over the course of the fraud scheme, some of the loans on the residential properties went into default. The losses incurred by the lenders in connection with 49 such residential properties totaled $6,817,821.55.

United States Attorney Robert E. O’Neill announced the guilty plea.

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Rachelle DesVaux Bedke and Joseph W. Swanson.

Lisa Wright, 46, and Cathy Saffer, 52, Pompano Beach, Florida, were sentenced to serve 66 and 60 months respectively for defrauding homeowners and mortgage lenders as part of a foreclosure rescue scheme. The two women were sentenced by U.S. District Judge Kenneth A. Marra in the Southern District of Florida.

Wright pleaded guilty on March 27, 2012, to one count of conspiracy to commit mail and wire fraud, one count of mail fraud and one count of wire fraud. As previously reported by Mortgage Fraud Blog, Saffer was convicted of one count of conspiracy to commit mail and wire fraud, three counts of mail fraud and two counts of wire fraud, following a two week jury trial in July.

According to the indictment and evidence presented at trial, Wright and Saffer operated Foreclosure Solution Specialists (FSS) from 2006 to 2009. Through FSS, Wright and Saffer targeted homeowners facing foreclosure, advertising that FSS could assist those homeowners in remaining in their homes. When contacted by distressed homeowners seeking assistance, Wright and Saffer misrepresented to those homeowners that their homes would be sold to investors. They also claimed that customers could remain in their homes after the sales and promised them an opportunity to repurchase the homes at a later date. Rather than selling the homes to legitimate investors, Wright and Saffer designed sham sales to straw purchasers whom they paid to participate in the scheme.

According to the indictment and evidence presented at trial, Wright and Saffer paid Florida Certified Public Accountant Barrington Coombs to write a fraudulent letter which falsely vouched for the fraudulent information on various loan applications. Coombs, who was also convicted by the jury, is scheduled to be sentenced Dec. 7, 2012.

Mortgage transactions completed by FSS drew equity out of the homes, which Wright and Saffer pocketed for their own purposes. After doing so, Wright and Saffer allowed the loans to go into foreclosure. Homeowners ultimately lost all of the equity in their homes, and most of the victims were forced to move out of their homes.

The case was investigated by the FBI. The case is being prosecuted by Christopher E. Parisi and John Claud, Trial Attorneys at the Civil Division’s Consumer Protection Branch.

Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida stated, “This case illustrates the lengths that fraudsters will go to victimize and ruin the lives of hard working families. This mortgage fraud scheme robbed homeowners of more than just their homes; it also robbed them of hope and the American dream of home ownership. The best way to avoid being victimized is to do your homework and ask hard questions. Be wary of those whose promises seem too good to be true. Through this prosecution, these fraudsters have been brought to justice.”

“The individuals sentenced today took advantage of desperate homeowners hoping to shed the weight of debt and foreclosure,” said Stuart F. Delery, Acting Assistant Attorney General for the Civil Division. “We will continue to work with the FBI and our other law enforcement partners to investigate and prosecute mortgage fraud and foreclosure rescue schemes such as this one.”

The announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.

11 individuals were sentenced by U.S. District Judge Elizabeth A. Kovachevich for their participation in a large-scale, Sarasota, Florida-area mortgage fraud scheme. As previously reported by Mortgage Fraud Blog, and according to the indictment, the scheme spanned over ten years and involved tens of millions of dollars in fraudulent loans.

Those sentenced were:

Richard Bobka, 43, Sarasota, one of the main perpetrators of the fraud, was sentenced to 15 years in federal prison and ordered to pay $22,841,625.74 in restitution for his role in helping to oversee the scheme. Bobka pleaded guilty earlier in 2012, while a jury was being selected for a trial involving himself, his brother, George Cavallo, 47, Kirkland, Washington, his sister-in-law, Paula Hornberger, 41, Kirkland, Washington, and one of his associates, Joel Streinz, 54, Nokomis, Florida. Cavallo, Streinz, and Hornberger were convicted in May 2012 following a 3-month trial. They were sentenced last week to 10 years, 5 years, and 12 months and 1 day respectively.

R. Craig Adams, 45, Tampa, Florida, was sentenced to 3 years in federal prison and ordered to pay $25,024,775.74 in restitution for his role in initiating and orchestrating the conspiracy. In the spring of 2008, when the fraudulent scheme began to collapse with the downturn in the real-estate market, Adams turned himself into law enforcement. Over the next 4 years, Adams cooperated extensively with the government in its efforts to target the most culpable individuals who caused the largest losses to the banks.

Joseph Dirocco, 43, Sarasota, 24 months in federal prison, and $1,590,000 in restitution;

Jeffrey Berghorn, 48, Sarasota, 12 months and 1 day in federal prison, and $2,495,653.74 in restitution;

Thomas Brustad, 43, Sarasota, 12 months and 1 day in federal prison, and $3,005,500 in restitution;

Jonathan Glucker, 45, Sarasota, 12 months and 1 day in federal prison, and $6,318,000 in restitution;

Derek Luther, 42, Sarasota, 12 months and 1 day in federal prison;

Lisa Rotolo, 49, Bradenton, Florida, 12 months and 1 day in federal prison, and $23,378,975.74 in restitution;

Bonnie Katz, 59, Wisconsin, 3 years Probation, with 6 months home detention, and $15,638,975.74 in restitution;

George Bobka, Sr., 76, Sarasota, time served and $4,534,150 in restitution; and

Heather Kabobel, 40, Sarasota, time served and $1,925,000 in restitution.

The individuals sentenced reviously pleaded guilty to conspiring to commit wire fraud, and/or to making false statements on loan applications, which were submitted to FDIC-insured financial institutions and mortgage lenders. The scheme involved a myriad of fraudulently acquired properties, many which were on prime, waterfront real estate. The on-going investigation has so far resulted in the conviction of a total of 19 individuals, including a number of loan officers, title agents, real estate agents, and mortgage brokers.

The idea behind the scam perpetrated by those involved in this case, and their conspirators, was to fraudulently obtain the maximum loan possible on each property by providing false information in the loan application. The conspirators would then sell the properties within a few years after they appreciated without risking much, if any, of their own money. The conspiracy began in the late 1990’s and then grew slowly until 2004, when it exploded with the drastic increase in real estate prices in Sarasota. The conspiracy ended, however, when the real estate market collapsed in 2008.

This case was investigated by the Federal Bureau of Investigation, the FDIC’s Office of Inspector General, and the Sarasota County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Christopher Tuite and Cherie Krigsman.

Lender Processing Services, Inc. settled a dispute for past document execution practices by LPS subsidiaries DocX, LLC and LPS Default Solutions, Inc., the funds from which are now earmarked. Florida-based LPS provides technology and other services to mortgage loan servicers.

During a period from January 1, 2008 to December 31, 2010, certain residential mortgage loan servicers authorized specific persons employed by LPS subsidiaries DocX and LPS Default Solutions to sign or assist with the execution of mortgage-related documents, including lost instrument affidavits, deed of trust lien releases, and assignments of deeds of trust. Some of the mortgage-related documents generated or executed by LPS subsidiaries contained defects such as unauthorized signatures and improper notarizations.

Between March 1, 2009 and November 1, 2009, employees and agents of DocX were directed by management of DocX to implement a program under which some DocX employees signed mortgage-related documents in the name of other DocX employees, who were or had been at one time authorized to sign on behalf of certain mortgage servicers. DocX referred to these signers as “surrogate signers,” who then executed certain mortgage-related documents in the name of other DocX employees without indicating that the document had been signed by a surrogate signer.

As part of the settlement, LPS and its subsidiaries agree not to engage in any surrogate signing program or execute any mortgage-related documents without an affiant’s review and personal knowledge of the accuracy and completeness of the statements in the documents. LPS and its subsidiaries also will ensure that any mortgage-related document that is executed on behalf of a servicer is done pursuant to proper and verifiable authority to sign on behalf of the servicer.

Colorado Attorney General John Suthers announced the amount of settlement proceeds directed to Colorado.

The State of Colorado will receive $1.8 million as part of the settlement.

The settlement funds will be used for programs related to foreclosure prevention, loan modification and housing, to reimburse the Colorado Attorney General’s Office for its attorney fees and costs, and for future consumer protection and antitrust enforcement and education efforts in the state.

“This settlement with LPS is part of our on-going investigation into all facets of the foreclosure process in Colorado,” said Suthers. “It is important that the foreclosure process work as intended and that borrowers and the legal system have confidence in it.”

Guerard Wallace Howard, 63, Melbourne, Florida, pleaded guilty to one count of wire fraud, he faces a maximum penalty of 20 years in federal prison. His sentencing hearing is scheduled for January 16, 2013, before Senior U.S. District Judge G. Kendall Sharp.  Howard was charged via criminal information on August 31, 2012.

According to the plea agreement, between November 2007 and August 2011, Howard operated an illegal real estate short sale flipping business, Provincial Real Estate Administrative Services, Inc. Using Provincial, Howard made properties appear to be in poor condition during appraisals, through a scheme known as reverse staging. Reverse staging is a process wherein someone manipulates the short sale price by intentionally downgrading a property’s appearance and falsely representing the condition of a property in advance of bank appraisals.

Reverse staging is done in an effort to acquire the property at below market price. In this case, it included Howard removing receptacle plates and pulling wires from the walls to falsely represent to an appraiser that the house required rewiring; falsely representing that the house needed electrical service upgrades, and repair work. In some instances it also involved spraying the house with a foul-smelling prank product, and falsely representing to an appraiser that the odor was due to mold or other potential biohazard issues that required expensive remediation costs. The reverse staging effectively caused the lender to agree to the below market offer made by Howard through Provincial. The property was then immediately resold at a profit.

According to the plea agreement, in addition to reverse staging, Howard also engaged in an illegal scheme known as commission shifting, whereby real estate agent commissions that should have been borne as an expense in the resale transaction were paid as part of the short sale transaction. The shifting of these costs, from the resale to the short sale, resulted in the short sale lender bearing realtor commission costs that should have been borne by Howard. This resulted in a higher profit to Howard, to the detriment of the short sale lender. Howard illegally obtained $219,414.52 during the short sale flipping of 13 properties in Brevard County.

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney David Haas.

Andrew Bartok, 66, Clifton, New Jersey, a former owner of the foreclosure remediation business Revelations Consulting, which was located in New Jersey and Connecticut, was found guilty in White Plains< new York, federal court of charges related to a scheme to defraud distressed homeowners, commit witness tampering and obstruct federal court proceedings. Bartok was convicted after a 15-day jury trial presided over by U.S. District Judge Cathy Seibel. He was remanded into the custody of the U.S. Marshals following his conviction.

As previously reported by Mortgage Fraud Blog, and according to the Superseding Indictment filed in White Plains federal court, other court documents, and the proof at trial:

From 2000 through February 2011, Bartok owned Revelations, a company which also operated under the name “Foreclosure Club of America.” Bartok and his co-conspirators at Revelations and Foreclosure Club of America solicited individuals in New York, New Jersey, Connecticut, Pennsylvania, Georgia and Florida who were facing foreclosure proceedings on their homes. Bartok promised those homeowners that – in exchange for fees paid to Revelations – they would be able to stay in their homes and later repurchase their homes at foreclosure auctions for a fraction of the dollar amount of their mortgage obligations.

In reality, Bartok and his co-conspirators defrauded hundreds of homeowners of millions of dollars. None of Bartok‘s clients ever bought their homes back using the methods he advocated. Instead, Bartok and his co-conspirators filed fraudulent bankruptcy petitions and other false documents with U.S. Bankruptcy Courts, primarily in Poughkeepsie, New York, and Newark, New Jersey. Bartok and his employees forged the names of Revelations‘ clients on fraudulent filings under penalty of perjury, subjecting these clients to potential arrest and imprisonment.

Bartok and his co-conspirators also routinely instructed clients not to attend court proceedings, and not to mention Revelations if contacted by court personnel. As a result of following this advice, at least two of Revelations‘ clients were arrested by U.S. Marshals and brought before a U.S. Bankruptcy Judge in Poughkeepsie to explain false documents that Bartok filed in their names. These clients of Revelations were released after they explained Bartok‘s role in these filings.

The fraudulent documents were filed by Bartok and his co-conspirators in U.S. Bankruptcy Courts for the improper purpose of using the bankruptcy laws to forestall the foreclosure of the clients’ homes as long as possible while Revelations continued to collect its monthly fees. Ultimately, the bankruptcy cases were dismissed and Revelations‘ clients – who already had paid significant sums of money to Revelations – were evicted from their homes.

Throughout the fraud, Bartok collected millions of dollars in fees from his victims. These criminal proceeds funded a lavish lifestyle for Bartok and his family – including a $130,000 Mercedes-Benz automobile, numerous trips to Hawaii and Aruba, and high-stakes gambling at casinos in Atlantic City.

Bartok was convicted of one count of conspiracy to commit mail and wire fraud, one count of mail fraud, one count of conspiracy to commit bankruptcy fraud and obstruction of justice, one count of bankruptcy fraud, one count of conspiracy to commit witness tampering, one count of making false statements to United States Bankruptcy Judge Cecelia Morris and one count of obstruction of justice. Bartok was acquitted of one count of obstruction of justice and still faces trial in connection with acts committed during the course of his federal criminal case – including filing a perjurious affidavit and contempt of court. He faces a total maximum sentence of 95 years in prison and is scheduled to be sentenced by Judge Seibel on February 6, 2013.

Preet Bharara, the United States Attorney for the Southern District of New York, announced the jury’s verdict.

Mr. Bharara praised the United States Postal Inspection Service for its work on this case.

This case was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force, on which Mr. Bharara serves as a Co-Chair of the Securities and Commodities Fraud Working Group. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.

This case is being prosecuted by the Office’s White Plains Division. Assistant U.S. Attorneys John P. Collins, Jr. and Jeffrey Alberts are in charge of this prosecution.

Manhattan U.S. Attorney Preet Bharara said: “Andrew Bartok dangled false promises of relief to desperate homeowners who were trying to keep their homes, but instead, he victimized them by stealing their money and forcing many of them into involuntary bankruptcy. While Andrew Bartok vacationed in tropical locales and spent his hours in casinos gambling away his clients’ hard-earned money, his clients were losing their most treasured possessions – their homes. He will now face justice for the fraud that he committed against vulnerable and needy homeowners up and down the East Coast.”

George Cavallo, 47, Kirkland, Washington, his wife, Paula Hornberger, 41, Kirkland, Washington, and Joel Streinz, 54, Nokomis, Florida, a former police officer, were sentenced by U.S. District Court Judge Elizabeth A. Kovachevich to federal prison terms for their roles in a Sarasota, Florida-area mortgage fraud scheme.

Judge Kovachevich sentenced Cavallo, Hornberger, and Streinz, on Friday, October 26, 2012, for their participation in a large-scale conspiracy to commit wire fraud and to make false statements on loan applications that were submitted to FDIC-insured financial institutions and mortgage lenders. The three individuals were convicted earlier in 2012 following a three-month jury trial.

Streinz, who took out more than $6.2 million in fraudulent loans, was sentenced to five years in federal prison. He was also ordered to pay $1,072,676.31 in restitution.

Cavallo and Hornberger, who collectively took out more than $8.3 million in fraudulent loans, were sentenced to 10 years in federal prison, and 12 months and one day, respectively. They were ordered to pay $13,228,861.74 in restitution.

Evidence presented at trial revealed that Cavallo, Hornberger and Streinz conspired with each other, and with numerous other individuals, to purchase residential property in the Sarasota area by making false statements on loan applications submitted to various FDIC-insured banks and mortgage lenders. The false statements made and caused to be made, pertained to, among other things, the property’s actual purchase/sale price; the purchaser/borrower’s intended use of the property; the purchaser/borrower’s employment, income, assets and liabilities; and the amount and source of the equity contributed to the purchase by the purchaser/borrower.

The idea behind the scam was to fraudulently obtain the maximum loan possible on each property, and then to sell that property within a few years after it had appreciated without risking much, if any, of their own money. The conspiracy began in the late 1990’s and then grew slowly until 2004, when it exploded with the drastic increase in real estate prices in Sarasota. The conspiracy ended, when the real estate market collapsed in 2008.

This case was investigated by the Federal Bureau of Investigation, the FDIC’s Office of Inspector General, and the Sarasota County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Christopher Tuite and Cherie Krigsman.

TALLAHASSEE  Attorney General Pam Bondi said Tuesday that money the state gets from a national mortgage-fraud settlement will go to consumers, not to pay raises for state employees as one lawmaker has suggested. I think we’d all love pay raises, but …and more »

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Source: Florida Today

Seven people have been charged for their alleged involvement in a mortgage fraud scheme totaling nearly $5 million. The individuals allegedly defrauded lenders by using straw buyers, filing false liens with county officials, laundering money, and inflating prices quoted to lenders.

Lazaro Santiago Cajuso, 48; Hialeah Gardens, Florida; charged with RICO, organized fraud, three counts of grand theft;

Juan Pablo Maya, 48, Orlando, Florida; charged with grand theft;

Ivon Marrero, 40, Hialeah, Florida; charged with grand theft;

Jose-Ricardo Jesus Armas, 35, Miami, Florida; charged with RICO, organized fraud, three counts of grand theft;

Jesus Alberto Gregorio, 52; Hialeah, Florida; charged with grand theft;

Roberto Ramos, Miami, 73; charged with grand theft first degree, organized fraud; and

Remberto Lago, 41, Hialeah, 41; charged with grand theft.

Each of the counts charged is a first degree felony and is punishable by up to 30 years in prison and up to $10,000 fine.

This scheme operated with straw buyers who used their names and credit to purchase numerous properties. Once the loan had been secured and records reflected a price well over the actual price paid to the seller, a variety of financial exchanges would take place to make the purchase appear legitimate. The laundered money would then go back to the closing agent’s escrow account and be characterized in the records as the cash brought to the closing by the straw buyer.

Attorney General Pam Bondi and the Miami-Dade Police Department announced the charges.

“By working with the Miami-Dade Police Department, we have stopped this mortgage fraud scheme,” stated Attorney General Pam Bondi. “We will continue our efforts to stop mortgage fraud and hold criminals accountable.”

Chief Juan Santana of the Miami-Dade Police Department stated “The Miami-Dade Police Department’s Real Estate Fraud Section continues its vigilance and long-term commitment against those individuals who sought to compromise the integrity of the banking and mortgage industry.”