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Carole Nelson, 53, Washington, D.C., was sentenced by U.S. District Judge Roger W. Titus sentenced to 29 months in prison followed by three years of supervised release for money laundering in connection with her participation in a massive mortgage fraud scheme which promised to pay off homeowners’ mortgages on their “Dream Homes,” but left them to fend for themselves. Judge Titus also entered an order requiring Nelson to pay restitution of $34,340,830.13.

As previously reported by Mortgage Fraud Blog, beginning in 2005, co-conspirators targeted homeowners and home purchasers to participate in a purported mortgage payment program called the “Dream Homes Program.” In exchange for a minimum of $50,000 initial investment and an “administrative fee” of up to $5,000, conspirators promised to make the homeowner’s future monthly mortgage payments, and pay off the homeowner’s mortgage within five to seven years.

Dream Homes Program representatives explained to investors that the homeowners’ initial investments would be used to fund investments in automated teller machines (ATMs), flat screen televisions that would show paid business advertisements and electronic kiosks that sold goods and services. To give investors the impression that the Dream Homes Program was very successful, Metro Dream Homes (MDH) spent hundreds of thousands of dollars making presentations at luxury hotels such as the Washington Plaza Hotel in Washington, D.C., the Marriott Marquis Hotel in New York, New York and the Regent Beverly Wilshire Hotel in Beverly Hills, California.

In February 2006, the Dream Homes Program added a second program called “POS Dream Homes” that offered similar promises of paying off investor mortgages in five to seven years in exchange for an up-front investment of $50,000 or more. Collectively, these programs had offices in Maryland, the District of Columbia, Virginia, North Carolina, New York, Delaware, Florida, Georgia and California.

Nelson was hired in December 2006 at an annual salary of $200,000 to get investor contracts in order, including the creation of investor files. In March 2007, Nelson was named the chief financial officer of POS Dream Homes. At no time did Nelson see any evidence of revenue being generated from investments in ATMs and electronic billboards to pay off the investors’ mortgages.

Nelson profited significantly during her time with Metro Dream Homes. For example, in May 2007, to document that she had a certain amount of assets in order to qualify for a home mortgage, Nelson and another conspirator agreed that Nelson would obtain a check from the company for $75,000 marked as an annual bonus. Nelson wrote herself a $75,000 check, drawn on the POS bank account, and deposited the check into her personal account. In fact, Nelson was not entitled to any bonus.

In May 2007, a related Metro Dream Homes company allocated $150,000 to Nelson and her spouse to open “Ambassador Dream Homes,” which was supposed to be an affiliate of Metro Dream Homes. “Ambassador Dream Homes” did not commence operations prior to it being assumed by the receiver appointed by the Maryland state courts.

In July 2007, Nelson and a conspirator decided they wanted to purchase new Bentley automobiles costing $200,000 each. In order to qualify for financing, Nelson falsely represented in a vehicle financing application that she had been the chief financial officer of POS Dream Homes for 18 years and that her annual income was $700,000.

In all, during her 20 months of employment with MDH, Nelson received $413,075 in compensation.

On August 15, 2007, the Maryland Securities Commissioner issued a cease-and-desist order to MDH and other related companies directing them to immediately cease the offering and sale of unregistered securities in connection with their promotion of the Dream Homes Program. However, Williams thereafter called meetings in which investors were told that MDH was earning up to $10 million in one month and that the company’s legal difficulties were the result of either misunderstandings or racial animus against company leaders. In October 2007, the Circuit Court for Prince George’s County, Maryland, granted the Commissioner’s motion to freeze MDH assets, and appointed a receiver.”

As a result of the scheme, more than 1,000 investors in the Dream Homes Program invested approximately $78 million. When Nelson’s co-conspirators stopped making the mortgage payments, the homeowners were left to attempt to make the mortgage payments MDH had promised to make in full.

Nelson is the last defendant to be sentenced in this case. MDH’s owner and founder Andrew Hamilton Williams, Jr., 61, Hollywood, Florida; chief financial officer Michael Anthony Hickson, 49, Commack, New York; president Isaac Jerome Smith, 49, Spotsylvania, Virginia; and vice president of operations Alvita Karen Gunn, 34, Hanover, Maryland, were all convicted by a federal jury of fraud conspiracy, wire fraud and/or conspiracy to commit money laundering in connection with their participation in the mortgage fraud scheme. Hickson was also convicted of making a false statement in a federal court proceeding. Judge Titus sentenced Williams to 150 years in prison, Hickson to 10 years in prison, Smith to 70 months in prison and Gunn to 60 months in prison.

The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Richard A. McFeely of the Federal Bureau of Investigation; Acting Special Agent in Charge Eric C. Hylton of the Internal Revenue Service – Criminal Investigation, Washington, D.C. Field Office; Maryland Attorney General Douglas F. Gansler; and Inspector General Jon T. Rymer of the Federal Deposit Insurance Corporation.

“Mortgage fraud is every bit as corrosive to society as street crime,” stated Eric Hylton, Acting Special Agent in Charge, IRS-Criminal Investigation, Washington D.C. Field Office. “This type of fraud has far-reaching economic consequences and severely thwarts recovery from the foreclosure crisis, leaving communities with inflated home values and financial institutions with uncollectible loans.”

This prosecution is being brought jointly by the Maryland and Washington, D.C. Mortgage Fraud Task Forces, which are comprised of federal, state and local law enforcement agencies in Maryland, Washington, D.C. and Northern Virginia. The Task Forces were formed to promote the early detection, identification, prevention and prosecution of various kinds of mortgage fraud schemes. This case, as well as other cases brought by members of the Task Forces, demonstrates the commitment of law enforcement agencies to protect consumers from fraud and help to ensure the integrity of the mortgage market and other credit markets. Information about mortgage fraud prosecutions is available on the internet at http://www.usdoj.gov/usao/md/Mortgage-Fraud/index.html.

United States Attorney Rod J. Rosenstein praised the FBI, the IRS – Criminal Investigation, the Maryland Attorney General’s Office – Securities Division and the Federal Deposit Insurance Corporation – Office of Inspector General for their investigative work. Mr. Rosenstein thanked Assistant U.S. Attorney Christen A. Sproule, who prosecuted the case.

Michael Anthony Prieskorn, 37, Ellendale, Minnesota, was sentenced on charges stemming from a mortgage fraud scheme that resulted in losses of at least $18 million for mortgage lenders.

On May 10, 2012, United States District Court Judge Paul A. Magnuson sentenced the defendant for orchestrating the scheme, which involved the purchase of approximately 70 residential properties in Florida and Minnesota between December 2006 and April 2007. Prieskorn was sentenced to 72 months in prison on one count of conspiracy to commit wire fraud and one count of engaging in an illegal monetary transaction. Prieskorn was indicted on January 20, 2010, and pleaded guilty on March 23, 2010.

As previously reported by Mortgage Fraud Blog, Prieskorn admitted he and others conspired to obtain mortgage loan proceeds by luring buyers to purchase properties. In return, Prieskorn promised the buyers $5,000 for every property purchased. He also promised to make all mortgage payments and pay all other bills associated with the properties for a specific term, after which, he would sell the properties at no cost to the original buyers or “investors.” Prieskorn maintained that the mortgage loans were risk free to their investors, knowing all the while the 20 investors were responsible for the loans. Following the closing of these real estate transactions, many investors defaulted on their mortgage loans and were forced into short sales or foreclosure. Yet, Prieskorn admitted receiving at least $1 million in gross receipts as a result of the scam.

In pleading guilty, Prieskorn also admitted concealing from mortgage lenders that he temporarily deposited funds into the bank accounts of some investors to misrepresent the true financial status of those buyers, thereby inducing lender approval of the mortgage loans. He also concealed from the 20 mortgage lenders that he paid the down payments and closing costs for the investors.

In furtherance of the scheme, Prieskorn transferred money, by wire, into investors’ bank accounts and caused the faxing of fraudulent mortgage loan applications to potential mortgage lenders. He also caused lenders to make wire transfers of mortgage loan proceeds on related real estate transactions. Specific to the monetary transaction count, Prieskorn structured financial transactions to conceal that he was the recipient of funds from the fraud. Those transactions included a $225,000 transfer on May 7, 2007.

On February 8, 2011, Judge Magnuson sentenced Prieskorn‘s co-defendant Richard Matthew Laho, 55, Buffalo, Minnesota, to five years of probation on one count of mail fraud. He was also indicted on January 20, 2010, and pleaded guilty on July 8, 2010.

In his plea agreement, Laho admitted that in March and April of 2007, he took part in the scheme by participating in a real estate purchase in Naples, Florida. In that transaction, the buyer was given $5,000 for purchasing the property and falsely told that all mortgage payments and other bills associated with the property would be paid for him. He also was told that the property eventually would be sold as an investment. Laho admitted misleading the lender into believing, however, that the buyer was intending to be the true owner and resident of the home. The property eventually went into foreclosure, resulting in a loss to the mortgage lender of between $490,000 and $690,000.

“Mortgage fraud creates so much harm to individuals, businesses, and our economy, but today’s sentencing is a strong reminder how serious our courts consider this criminal activity,” said Kelly R. Jackson, Special Agent in Charge, IRS-Criminal Investigation, (IRS-CID), St. Paul Field Office Field office. “IRS-CID is committed to ‘following the money trail’ to ensure that those who engage in these illegal activities are vigorously investigated and brought to justice.”

This case was the result of an investigation by the Internal Revenue Service-Criminal Investigation Division, the Eagan Police Department, the Minnesota Department of Commerce, the U.S. Secret Service, the Minnesota Financial Crimes Task Force, and the Minnesota Bureau of Criminal Apprehension. It was prosecuted by Assistant U.S. Attorneys Tracy L. Perzel and Robert M. Lewis.

This law enforcement action is in part sponsored by the interagency Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. It 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, 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.

Juan Carlos Rodriguez, 52, Weston, Florida, a real estate agent and mortgage broker, pled guilty before U.S. District Judge Kenneth A. Marra for his participation in a mortgage fraud scheme relating to properties in the Versailles development in Wellington, Florida. Sentencing for Rodriguez has been scheduled for July 27, 2012.

Rodriguez pled guilty to conspiracy to commit mail fraud, wire fraud, and financial institution fraud, in violation of Title 18, United States Code, Section 1349, and conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956(h).

Over the last five years, more than thirty defendants have been prosecuted for mortgage fraud schemes in the Versailles, Florida, neighborhood. Most recently, in addition to Rodriguez, eight other individuals have pled guilty and been sentenced in four related mortgage fraud schemes that were centered in Versailles. They are:

Defendant David Lam, 42, Parkland, Florida, a real estate agent, pled guilty on January 17, 2012 to charges in four separate indictments. More specifically, he pled guilty to four counts of conspiracy to commit mail and wire fraud, in violation of Title 18, United States Code, Section 1349, and three counts of conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956(h). In sum, the schemes alleged in the four indictments involved more than $15 million in mortgage loans on 12 Versailles properties, and more than $5 million in fraudulent loan proceeds. Lam was sentenced on April 20, 2012 by U.S. District Judge Kenneth A. Marra to 42 months in prison, to be followed by 2 years of supervised release. The Court also ordered Lam to pay $7,117,000 in restitution.

Defendant Pamela Higgins, a mortgage broker who lived in Arizona at the time of the offense, pled guilty on November 4, 2011 to one count of conspiracy to commit mail fraud, wire fraud, and financial institution fraud, in violation of Title 18, United States Code Section 1349, and one count of conspiracy to commit money laundering, in violation of Title 18, United States Code Section 1956(h). Higgins was sentenced by U.S. District Judge Kenneth A. Marra on February 10, 2012 to 36 months in prison, to be followed by 2 years of supervised release. Higgins was ordered to pay $2,141,536 in restitution.

Defendant Carl Alexander, 45, Parkland, Florida, pled guilty on October 5, 2011 to one count of conspiracy to commit mail and wire fraud, in violation of Title 18, United States Code, Section 1349, and one count of conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956(h). He was sentenced on January 6, 2012 by U.S. District Judge Kenneth A. Marra to 48 months in prison, to be followed by 3 years of supervised release. The Court also ordered Alexander to pay $3,576,724 in restitution.

Defendant Carol Asbury, 59, Lake Worth, Florida, an attorney and title agent in  pled guilty on September 9, 2011 to two counts of conspiracy to commit mail and wire fraud, in violation of Title 18, United States Code, Section 1349, and two counts of conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956(h). Asbury was charged and pled guilty to charges in two indictments, both of which alleged mortgage fraud in the Versailles development. Asbury was sentenced on November 18, 2011 by U.S. District Judge Kenneth A. Marra to 30 months in prison, to be followed by 3 years of supervised release. She was also ordered to pay $6,510,291 in restitution.

Defendant Patrick Brinson, 34, Miami, Florida, pled guilty on September 7, 2011 to two counts of conspiracy to commit mail and wire fraud, in violation of Title 18, United States Code, Section 1349, and one count of conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956(h). Brinson pled guilty to charges in two indictments, one of which alleged mortgage fraud in Versailles and one of which alleged a separate mortgage fraud scheme in Miami. Brinson was sentenced on November 29, 2011 by U.S. District Judge Patricia A. Seitz to 78 months in prison, to be followed by 3 years of supervised release. He was also ordered to pay $1,602,250 in restitution.

Defendant Victoria Wilson, 30, Hollywood, Florida, a mortgage broker, pled guilty on August 19, 2011 to one count of conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349. Wilson was sentenced on November 30, 2011 by U.S. District Judge Kenneth A. Marra to 24 months in prison, to be followed by 2 years of supervised release. Wilson was ordered to pay $1,655,466 in restitution.

Defendant David Charles Miller, Jr., 44, Miramar, Florida, pled guilty on February 3, 2012 to one count of conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349. Miller was sentenced on April 20, 2012 by U.S. District Judge Kenneth A. Marra to 27 months in prison, to be followed by 2 years of supervised release. Miller was ordered to pay $1,655,466 in restitution.

Defendant Thomas Thelusma, 41, Biscayne Park, Florida, a Miami firefighter, pled guilty on February 2, 2012 to one count of conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349. Thelusma was sentenced on April 20, 2012 by U.S. District Judge Kenneth A. Marra to 18 months in prison, to be followed by 2 years of supervised release. Thelusma was ordered to pay $1,035,000 in restitution.

According to court documents, in all four of the recent Versailles-related indictments, the defendants used “straw buyers” to submit false documentation to various mortgage lenders substantially inflating the purchase price of the properties. As part of the conspiracy, duplicate HUD-1 Settlement Statements were prepared.

One set, listing the real price, was provided to the seller; another set, with the inflated price, was provided to the lender. The difference between the real price and the inflated price was either made to appear as if it were a debt owed to business entities controlled by the defendants and their co-conspirators, or was made to appear as profits to the seller.

The fraudulent loan proceeds were then laundered through multiple accounts to conceal the source and distribution of the money and were ultimately used for the benefit of the defendants and their co-conspirators.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, John V. Gillies, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation Division (IRS-CID), Paula Reid, Special Agent in Charge, U.S. Secret Service, Jeff Atwater, Chief Financial Officer, Florida’s Department of Financial Services, Addy M. Villanueva, Special Agent in Charge, Florida Department of Law Enforcement (FDLE), Linda Charity, Interim Commissioner, State of Florida’s Office of Financial Regulation, and the Palm Beach County Mortgage Fraud Task Force, announced the guilty plea.

Mr. Ferrer commended the investigative efforts of the FBI, IRS-CID, U.S. Secret Service, Florida’s Department of Financial Services and Office of Financial Regulation, FDLE, and the Palm Beach County Mortgage Fraud Task Force. The cases are being prosecuted by Assistant U.S. Attorneys Stephanie Evans, Ellen Cohen, Carolyn Bell and Armando Rosquete.

By Michael Sorrentino A Holbrook man has pleaded guilty to charges including bank fraud and conspiracy to commit money laundering for his involvement in a mortgage fraud scheme announced Pamela Marsh, a US Attorney for the Northern District of Florida.Destin builder convicted of bank fraud and money laundering Destin Logall 3 news articles »

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Source: Patch.com

Six people””including women from Orange County and Tennessee””have been charged by Federal Prosecutors in relation to a multi-million-dollar real estate flipping scheme in which investors were promised titles to homes that could be easily resold but in fact did not have “clean” titles, were uninhabitable, or were simply worthless.

The six defendants named in the indictment are:

Sylvia Melkonian, 48, Laguna Beach, California, who was arrested by special agents with the FBI;

Sheridan Snyder, 65, of Turtletown, Tennessee, who was also arrested by the FBI;

Andrew Wardein, 38, Irvine, California, who surrendered to authorities on April 20, 2012, and was released on a $25,000 bond after a judge scheduled a trial in the case for June 12;

Craig Shults, 41, Huntington Beach, California, who has agreed to appear for an arraignment in federal court;

Paul LiCausi, 47, Fort Pierce, Florida, who is expect to appear in court in Santa Ana on April 30, 2012; and

Joseph Haymore, 31, Port St. Lucie, Florida, who is also expected to appear in court in Santa Ana on April 30.

According to an indictment returned by a federal grand jury on April 18, the six defendants participated in a real estate scheme in which they sold victims Real Estate Owned””REO, or bank owned””properties for as much as $45,000. Even though the defendants had paid less than $10,000 per property, they told buyers that the properties were valuable and could be resold””or flipped””for a profit within a year.

During a scheme that ran from mid-2009 through mid-2010, victims were promised that the properties came with clean titles, property management services, and guaranteed rentals for the first three months, according to the indictment. Furthermore, the defendants allegedly claimed they had an “exit strategy” in which buyers could choose to sell the properties back to them for $60,000.

In some cases, victims did not receive the properties because they simply did not exist. In other cases, the properties were condemned or other issues with the titles meant victims were not able to take control of the properties. Of those victims who did receive titles, some found that the titles were encumbered by tax liens, fines, or building code violations. Furthermore, the indictment alleges that investor funds were immediately disbursed upon receipt, rather than being held in escrow.

The indictment alleges that there are more than three dozen victims who suffered losses of at least $4.2 million.

The defendants solicited investors to purchase properties at seminars held in Irvine and Costa Mesa; Orlando, Florida; Dallas, Texas; and in “webinars” conducted on the Internet.

After being arrested, Melkonian was arraigned in federal court in Santa Ana, where she pleaded not guilty and was released on a $20,000 bond. Snyder appeared in United States District Court in Tennessee and was released on a $30,000 bond with instructions to appear in federal court in Santa Ana on May 14 for an arraignment.

All of the defendants named in the indictment are named in at least five counts of wire fraud. Therefore, if they are convicted, each defendant would face statutory maximum sentences of at least 100 years in federal prison.

An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.

This case was investigated by the Federal Bureau of Investigation and investigators from the California Department of Justice, Office of the Attorney General. The case is being prosecuted by Assistant United States Attorney Greg Staples and Special Assistant United States Attorney Patricia Fusco of the California Attorney General’s Office (619-645-3035).

Roberto Caro, 41, Miami-Dade, Florida, has been sentenced on one count of money laundering in connection with a mortgage fraud scheme and one count of conspiracy to manufacture and possess with intent to distribute marijuana. Caro also was sentenced on a related charge of bond jumping, arising from his failure to appear in court in January 2011 on the original charges.

U.S. District Judge Jose E. Martinez sentenced Caro to a total of 48 months in prison (36 months on the drug and money laundering charges, plus 12 months on the bond jumping charge), to be followed by 3 years of supervised release.

Defendant Caro was first charged on July 15, 2010. According to court documents and statements made in court, this investigation began in May 2006 when law enforcement discovered marijuana grow house operations in numerous homes in Port St. Lucie. During the investigation, many of those homes were linked to co-defendant Manuel Caro, father of Roberto Caro. Manuel Caro was charged in 2006 for his participation in the marijuana grow house operation, but fled after being released on bond and remains a fugitive.

Continued investigation led to the discovery of additional marijuana grow houses in St. Lucie, Palm Beach, and Miami-Dade Counties. According to a second superseding indictment, most of these homes were bought with funds obtained through mortgage fraud committed by co-defendant Hugo Oliva, a mortgage broker, through his company, MBA Mortgage Services, Inc., and his co-defendants, including Roberto Caro. To execute the scheme, the defendants submitted loan applications to mortgage lenders that contained false information, including false bank statements, W2 forms, pay stubs, verifications of deposit and verifications of employment.

The defendants in the mortgage fraud scheme were charged with various counts of conspiracy, mail fraud, drug charges, and laundering drug-related money through the purchase of the homes.

On December 13, 2010, defendant Sergio Caro, was sentenced to 37 months in prison and was ordered to pay $671,166.36 in restitution to victim mortgage lenders. On March 29, 2011, mortgage broker and co-defendant Hugo Oliva was sentenced to 87 months in prison and ordered to pay $886,418.97 in restitution. Two additional co-defendants, Ilan Reyes, and Orlando Dominguez, both of Miami, pled guilty and were each sentenced to probation for a term of 5 years.

Defendant Roberto Caro had been arraigned and released on bond for the original mortgage fraud and money laundering charges in September 2010. In January 2011, Caro failed to appear for a scheduled court hearing and thereby violated conditions of his bond. He remained a fugitive until he was found and detained in Miami in October 2011. In the interim, the federal grand jury had separately indicted Caro for the additional crime of violating his bond conditions.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation Division (IRS-CID), and Mark R. Trouville, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Division, announced the sentencing.

Mr. Ferrer commended the investigative efforts of the IRS Criminal Investigation Division and the DEA. Mr. Ferrer also thanked the Port St. Lucie Police Department, the St. Lucie County Sheriff s Office, and the U.S. Marshals Service for their work on this investigation. The case arose from the Organized Crime and Drug Enforcement Task Force (OCDETF) long-term investigation. The case is being prosecuted by Assistant U.S. Attorney Theodore Cooperstein.

AP MIAMI A Florida man has been sentenced to four years in prison for his role in a mortgage fraud scheme used to purchase houses for use as indoor marijuana growing operations. A federal judge on Tuesday imposed the sentence on 41-year-old Roberto …and more »

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Source: The Republic

Michelle Austin-Wilks, 38, Parkland, Florida, pled guilty to conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349, and four counts of wire fraud, in violation of Title 18, United States Code, Section 1343, for her participation in two separate mortgage fraud schemes.

Austin-Wilks faces up to twenty years’ imprisonment on the conspiracy count and up to thirty years’ imprisonment on each wire fraud count. Sentencing has been scheduled for June 15, 2012 at 9 a.m. before U.S. District Judge James I. Cohn.

In U.S. v. Ghaith Al Nahar et. al, Case No. 11-60183-CR-COHN, from February to November 2007, Ghaith Al Nahar, 40, formerly of Boynton Beach, identified residential properties in Palm Beach county and paid individuals to act as straw buyers for the properties. These straw buyers submitted loan applications and supporting documents containing false information to various mortgage lenders across the United States.

After the lenders approved the loans based on the false information provided, defendant Austin-Wilks, who was the President and Director of Direct Title & Escrow Services, Inc., prepared HUD-1 Settlement Statements that contained false information. For example, the forms falsely represented to the lenders that the straw buyers were bringing their own money to closing. Austin-Wilks also falsely represented to the lenders that she had disbursed the loan proceeds in accordance with the lenders’ instructions.

Instead, Austin-Wilks made unauthorized disbursements from the loan proceeds to one of her companies as “processing fees.” Based on these false statements and documents, the mortgage lenders issued more than $9 million in loans.

Ghaith Al Nahar pled guilty and was sentenced on January 27, 2012 to 63 months’ imprisonment, three years of supervised release, and ordered to pay $1,863,109.30 in restitution by U.S. District Judge James I. Cohn. An employee at Al Nahar‘s office, Romy Defay, 28, West Palm Beach, Florida, also pled guilty and was sentenced on January 27, 2012 to 33 months’ imprisonment, three years of supervised release and was ordered to pay $441,747 in restitution by Judge Cohn.

The straw buyers, Jeffery Gilbert and Philip Jay Newman, pled guilty. Gilbert was sentenced to three years’ probation and ordered to pay $441,747 in restitution. Newman was sentenced to 21 months’ imprisonment, three years of supervised release and ordered to pay $662,051.42 in restitution.

In the second case in Broward County, Case No. 12-60054-CR-COHN, from June to October 2007, defendant Austin-Wilks and others, through Direct Title & Escrow Services, Inc., engaged in a scheme to enrich themselves by fraudulently buying and selling residential real estate property in Broward county through straw buyers. These straw buyers obtained high value mortgages based on mortgage loan applications and closing statements that contained false information.

After the lenders approved the loans based on the false information on the loan applications, Austin-Wilks prepared HUD-1 Settlement Statements that, among other things, falsely represented to the lenders that the straw buyers were bringing their own money to closing. Austin-Wilks also created and submitted duplicate HUD-1 Settlement Statements for the same real estate transaction to the mortgage lenders, reflecting different sales prices to the seller and to the lender. The lender’s version reflected a significantly higher purchase price than the seller’s version of the HUD-1 Settlement Statement.

After closing, the lenders wired a total of approximately $3 million in mortgage loan proceeds into a bank account controlled by Austin-Wilks.

Thereafter, Austin-Wilks made numerous wire transfers, including a transfer of $68,562 and $382,000, respectively, to a mortgage broker and a straw buyer for their assistance in the mortgage fraud scheme. The mortgage broker, Jinnie Mathurin, pled guilty to one count of wire fraud and was sentenced on March 7, 2012 to one year and one day of imprisonment, three years of supervised release and ordered to pay $1.17 million in restitution by U.S. District Judge Donald M. Middlebrooks. The straw buyer, Guhier Florvilus, also pled guilty to one count of wire fraud and is scheduled to be sentenced on May 17, 2012 before U.S. District Judge Daniel T.K. Hurley.

In addition to these wire transactions, Austin-Wilks was also convicted of two additional wire fraud transactions for two wires sent by national mortgage lenders.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, John V. Gillies, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Paula Reid, Special Agent in Charge, United States Secret Service, Miami Field Office, and Linda Charity, Interim Commissioner, State of Florida’s Office of Financial Regulation, announced the guilty plea.

Mr. Ferrer commended the investigative efforts of the FBI, the U.S. Secret Service, and Florida’s Office of Financial Regulation. Mr. Ferrer noted the assistance of the U.S. Marshal’s Service for their substantial efforts in locating defendant Austin-Wilks in Jamaica and returning her to United States. These cases were prosecuted by Assistant U.S. Attorneys Randy Katz and Armando Rosquete.

Gaston E. Cantens, 73, Miami, Florida, was sentenced to five years’ imprisonment followed by three years of supervised release for conspiring to commit mail and wire fraud, in violation of Title 18, United States Code, Section 371, in connection with a fraud committed at Royal West Properties, Inc.

United States District Judge Kathleen M. Williams imposed the statutory maximum term of imprisonment.

According to documents filed with the court and statements made during the sentencing hearing, Royal West was a Miami-Dade corporation that promised to pay investors a fixed rate of return on investments made with the company. Gaston E. Cantens was the president of Royal West Properties, Inc. In this capacity, Cantens allegedly recruited individuals to invest in Royal West by promising investors that their investments would be guaranteed by properties or mortgages that acted as collateral.

Cantens used his extensive ties to the South Florida community, including his ties to Belen Jesuit Preparatory School, to recruit investors to the fraud.

Cantens misappropriated money from investors by making materially false representations and concealing and omitting to state material facts concerning, among other things, the financial condition of Royal West, the manner in which mortgages and properties were assigned as collateral to investors, the assignment of non-performing mortgages, the assignment of mortgages that were paid in full, the proper recording of mortgages, and the recording of investors’ interests in properties and mortgages.

Specifically, Cantens told investors that their moneys were collateralized by individual properties but failed to inform them that the collateralized properties had previously been assigned to other investors. Cantens received moneys from investors based on these misrepresentations, and used the moneys for his personal benefit and to further the fraud scheme.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and John V. Gillies, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce the sentence.

U.S. Attorney Wifredo A. Ferrer stated, “The defendant abused his friends and his ties to the South Florida community to enrich himself. When, as in this case, greed becomes the primary business motivator, corruption is sure to follow.”

“Gaston E. Cantens has 5 years to think about how he violated the trust of unsuspecting investors,” said John V. Gillies, FBI Special Agent in Charge. “Our business environment flourishes on a foundation of trust and those who violate that trust must be held accountable for their unscrupulous actions.”

Mr. Ferrer commended the investigative efforts of the FBI. Mr. Ferrer also commended the efforts of SEC for their contributions to this investigation and its successful prosecution. The case is being prosecuted by Assistant U.S. Attorney H. Ron Davidson.

Andrew Hamilton Williams, Jr., 61, Hollywood, Florida, was sentenced by U.S. District Judge Roger W. Titus to 150 years in prison followed by three years of supervised release for his participation in a massive mortgage fraud scheme which promised to pay off homeowners’ mortgages on their “Dream Homes,” but left them to fend for themselves. On November 10, 2011, a federal jury convicted Williams on charges of conspiracy to commit wire fraud, wire fraud and conspiracy to commit money laundering.

 

According to evidence presented at the two week trial, beginning in 2005, Williams and his conspirators targeted homeowners and home purchasers to participate in a purported mortgage payment program called the “Dream Homes Program.” In exchange for a minimum of $50,000 initial investment and an “administrative fee” of up to $5,000, the conspirators promised to make the homeowners’ future monthly mortgage payments, and pay off the homeowners’ mortgage within five to seven years.

Dream Homes Program representatives explained to investors that the homeowners’ initial investments would be used to fund investments in automated teller machines (ATMs), flat screen televisions that would show paid business advertisements, and electronic kiosks that sold goods and services. To give investors the impression that the Dream Homes Program was very successful, Metro Dream Homes spent hundreds of thousands of dollars making presentations at luxury hotels such as the Washington Plaza Hotel in Washington, D.C., the Marriott Marquis Hotel in New York, New York, and the Regent Beverly Wilshire Hotel in Beverly Hills, California. Metro Dream Homes had offices in Maryland, the District of Columbia, Virginia, North Carolina, New York, Delaware, Florida, Georgia and California.

According to trial testimony, Williams and his co-conspirators failed to advise investors that the ATMs, flat-screen televisions and kiosks never generated any meaningful revenue. The defendants used the funds from later investors to pay the mortgages of earlier investors. Evidence showed that MDH had not filed any federal income tax returns throughout its existence.

The defendants also failed to advise investors that their investments were being used for the personal enrichment of select MDH employees, including Williams, to: pay salaries of up to $200,000 a year as well as their mortgages; employ a staff of chauffeurs and maintain a fleet of luxury cars; and travel to and attend the 2007 National Basketball Association All-Star game and the 2007 National Football League Super Bowl, staying in luxury accommodations in both instances. Nor were investors told that investor funds were used to: pay off investors in a prior failed ATM investment venture called Bankcard Group; make multiple donations of up to $50,000 each to charitable organizations to give MDH the appearance of being financially successful; and transfer millions of dollars in investor funds to third-party businesses for purposes not disclosed to investors.

Trial testimony showed that Williams and his co-conspirators arranged for early Dream Homes Program investors, whose monthly mortgage payments had been paid by MDH using the funds of later Dream Homes Program investors, to attend recruitment meetings to assure potential investors that the Dream Homes Program was not a fraud. MDH used a third party company to pay investors to advertise the Dream Homes Program to friends and family. MDH encouraged homeowners to refinance existing mortgages on their homes in order to withdraw equity and generate the funds necessary to enroll their homes in the Dream Homes Program.

On August 15, 2007, the Maryland Securities Commissioner issued a cease-and-desist order to MDH and other related companies directing them to immediately cease the offering and sale of unregistered securities in connection with their promotion of the Dream Homes Program. However, Williams thereafter called meetings in which investors were told that MDH was earning up to $10 million in one month and that the company’s legal difficulties were the result of either misunderstandings or racial animus against company leaders. In October 2007, the Circuit Court for Prince George’s County, Maryland, granted the Commissioner’s motion to freeze MDH assets, and appointed a receiver.

As a result of the scheme, more than 1,000 investors in the Dream Homes Program invested approximately $78 million. When Williams and his co-conspirators stopped making the mortgage payments, the homeowners were left to attempt to make the mortgage payments MDH had promised to make in full.

Michael Anthony Hickson, 49, Commack, New York, the chief financial officer of MDH; Isaac Jerome Smith, 49, Spotsylvania, Virginia, the president of MDH; and Alvita Karen Gunn, 34, Hanover, Maryland, vice president of operations, were convicted by a federal jury of fraud conspiracy, wire fraud and conspiracy to commit money laundering in connection with their participation in the mortgage fraud scheme. Hickson was also convicted of making a false statement in a federal court proceeding. Judge Titus sentenced Hickson to 120 months in prison, Smith to 70 months in prison and Gunn to 60 months in prison.

Carole Nelson, 53, Washington, D.C., the chief financial officer of POS Dream Homes, previously pleaded guilty to money laundering, and Charlotte Melissa Josephine Hardmon, 42, Bowie, Maryland, pleaded guilty to conspiracy to commit wire fraud in connection with their participation in this scheme. Their sentencing dates are pending.

The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Richard A. McFeely of the Federal Bureau of Investigation; Acting Special Agent in Charge Eric C. Hylton of the Internal Revenue Service – Criminal Investigation, Washington, D.C. Field Office; Maryland Attorney General Douglas F. Gansler; and Inspector General Jon T. Rymer of the Federal Deposit Insurance Corporation.

“This case exemplifies the egregious mortgage fraud schemes that flourished in the lending free-for-all that contributed to the bubble and collapse of the housing market,” said U.S Attorney Rod J. Rosenstein. “Coordinated law enforcement is helping to hold the perpetrators accountable, but the real solution is meaningful oversight and auditing of lending decisions.”

“These individuals were responsible for shattering the dreams of countless hard working families during one of our country’s worst economic downturns,” said FBI Special Agent in Charge Richard A. McFeely. “The teamwork exhibited by all participating agencies throughout the joint investigation was exemplary.”

“Mortgage fraud is every bit as corrosive to American society as any street crime,” stated Eric Hylton, Special Agent in Charge, IRS-Criminal Investigation, Washington D.C. Field Office. “This type of fraud has far-reaching economic consequences and severely thwarts recovery from the foreclosure crisis, leaving homeowners in dire financial situations and financial institutions with uncollectible loans.”

This prosecution is being brought jointly by the Maryland and Washington, D.C. Mortgage Fraud Task Forces, which are comprised of federal, state and local law enforcement agencies in Maryland, Washington, D.C. and Northern Virginia. The Task Forces were formed to promote the early detection, identification, prevention and prosecution of various kinds of mortgage fraud schemes. This case, as well as other cases brought by members of the Task Forces, demonstrates the commitment of law enforcement agencies to protect consumers from fraud and help to ensure the integrity of the mortgage market and other credit markets. Information about mortgage fraud prosecutions is available on the internet at http://www.usdoj.gov/usao/md/Mortgage-Fraud/index.html.

United States Attorney Rod J. Rosenstein praised the FBI, the IRS – Criminal Investigation, the Maryland Attorney General’s Office – Securities Division and the Federal Deposit Insurance Corporation – Office of Inspector General for their investigative work. Mr. Rosenstein thanked Assistant U.S. Attorney Christen A. Sproule, who prosecuted the case.