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USA TODAY By Martha Neil A California-licensed lawyer known for his efforts to combat mortgage fraud has been indicted and arrested in a federal securities-fraud case in Florida. Mitchell J. Stein, who has a home in Boca Raton, Fla., and whose California law …Boca Raton attorney arrested in stock fraud case South Florida Business Journalall 189 news articles »

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Source: ABA Journal

Veldora Arthur was sentenced by U.S. District Judge Patricia Seitz to 57 months in prison, to be followed by 3 years of supervised release for her role in a mortgage farud scam that resulted in losses to lenders of approximately $2.5 million.

A jury convicted Arthur after trial on charges of conspiracy to commit wire and mail fraud and substantive mail-fraud.  Arthur‘s co-defendants, Neil Fagan and Pamela Johnson, who were also convicted at trial, were previously sentenced for their role in the scheme to 90 months and 57 months in prison, respectively.

According to evidence presented during the trial, Arthur was part of a mortgage fraud scheme that targeted mainly the Hidden Bay Condominium Complex (“Hidden Bay”), Aventura, Florida.  The defendant acted as straw purchaser and submitted loan applications and supporting documents  containing false information to qualify to purchase two units in Hidden Bay in February and March 2006.  Among the false documents submitted by Arthur were letters faxed during working hours from the City of Miami Fire Department, where the defendant worked. 

For her participation in the scheme, defendant Arthur received approximately $317,000 in one month.  The defendants conduct in the scheme resulted in approximately $2.5 million in losses to various lenders.

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

Mr. Ferrer commended the investigative efforts of the FBI.  The case was prosecuted by Assistant U.S. Attorneys Armando Rosquete and Sean McLaughlin.

– /PRNewswire/ — Activity climbed on mortgage fraud cases being prosecuted in California, leaving the state with more fraud than any other. New York also saw acceleration, while Florida’s mortgage fraud index topped the list and Minnesota …Florida tops mortgage fraud index South Florida Business JournalWoman Faces Fraud, Drug Charges Mortgage Dailyall 9 news articles »

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Source: Sacramento Bee

Genaro R. Hathaway, 47, Weston, Connecticut, was sentenced by United States District Judge Mark R. Kravitz in New Haven to 33 months of imprisonment, followed by three years of supervised release, for participating in two mortgage fraud conspiracies.

As previously reported by Mortgage Fraud Blog, Hathaway, an attorney, conspired with his husband, Steven Kottage, to commit wire fraud by making materially false statements to H&R Block Home Mortgage, Inc., including a false loan application, W-2, employment verification, and pay stub in connection with a mortgage on a home on Fire Island, New York. 

In addition, Hathaway and Kottage conspired to commit bank fraud by submitting a materially false loan application to Washington Mutual to refinance a condominium in Hillsboro Beach, Florida.  A co-defendant, Mary Ellen Durso, served as the straw owner for the condo in order to obtain the fraudulent loan proceeds for the benefit of Hathaway and Kottage.  Through both schemes, Hathaway and Kottage defrauded Wells Fargo and Freddie Mac of more than $600,000.

The investigation of this matter revealed that Hathaway and Kottage fraudulently appropriated nearly $750,000 in Hathaway‘s clients’ funds while Hathaway was serving as the clients’ closing attorney for real estate transactions.  When confronted by those clients, Hathaway and Kottage devised the mortgage fraud schemes to repay the stolen money.

On April 29, 2011, Hathaway pleaded guilty to two counts of conspiracy and one count of tax evasion.

On April 21, 2011, Kottage pleaded guilty to two counts of conspiracy stemming from these schemes.  On November 16, 2011, he was sentenced to 41 months of imprisonment.

On December 14, 2010, Durso pleaded guilty to one count of conspiracy and five counts of filing false tax returns.  On March 9, 2011, she was sentenced to three years of probation, the first six months of which she must serve in home confinement.

This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service ““ Criminal Investigation.  The case was prosecuted by Assistant United States Attorney David Huang, Senior Litigation Counsel Richard Schechter and Special Assistant United States Attorney Jonathan Francis.

David B. Fein, United States Attorney for the District of Connecticut, announced the sentence.

In July 2009, the U.S. Attorney’s Office and the Federal Bureau of Investigation announced the formation of the Connecticut Mortgage Fraud Task Force to investigate and prosecute mortgage fraud cases and related financial crimes occurring in Connecticut.  Citizens are encouraged to report any suspected mortgage fraud activity by calling 203-333-3512 and requesting the Connecticut Mortgage Fraud Task Force, or by sending an email to ctmortgagefraud@ic.fbi.gov.

The Connecticut Mortgage Fraud Task Force includes representatives from the U.S. Attorney’s Office; Federal Bureau of Investigation; Internal Revenue Service ““ Criminal Investigation; U.S. Postal Inspection Service; U.S. Department of Housing and Urban Development, Office of Inspector General; Federal Deposit Insurance Corporation, Office of Inspector General, and State of Connecticut Department of Banking.

S. Pope Cleghorn, Jr., 39, Villa Rica, Georgia, was sentenced by United States District Judge Timothy C. Batten, Sr. to serve 6 years in federal prison on charges of bank fraud in connection with a real estate development project and a loan for a personal residence.  Russell T. Long, 53, Destin, Florida, previously pleaded guilty to conspiring with Cleghorn to defraud the bank.

Cleghorn was sentenced to 6 years in prison to be followed by 5 years of supervised release, and ordered to pay restitution of $2,424,301.67 to SunTrust Bank, which acquired Hometown Bank in 2008.  He was also ordered to perform 80 hours of community service. Cleghorn was convicted of these charges on September 6, 2011, after pleading guilty.  Long pleaded guilty to conspiracy on February 17, 2011, cooperated with the investigation, and is scheduled to be sentenced on December 15, 2011, at 10 a.m., before Judge Batten.

According to the charges and other information presented in court:  After becoming the President and Chief Executive Officer of Hometown Bank of Villa Rica in 2002, Cleghorn defrauded the bank by issuing multiple loans to Long and then misappropriating the funds from those loans, all without the knowledge or authorization of Hometown Bank’s loan committee.  As part of his scheme, Cleghorn directed that the minutes of loan committee meetings be falsified to indicate that loans to Long had been approved when in fact the committee had not approved, and was not even aware of, the loans.  According to Long, he paid Cleghorn over $130,000 in cash kickbacks for making the loans.

The bank fraud charges involve two loans Cleghorn approved for Long.  The first was a $1 million development loan issued in February 2005 for Long to develop a subdivision in Wetumpka, Alabama.  The loan required Long to submit invoices, or draw requests, showing that costs were to be incurred for work on the subdivision, specifying the work that was to be done, and stating the amount of money needed for the work.  At Cleghorn‘s direction, Long submitted fraudulent draw requests to Hometown Bank, falsely claiming that he needed money for streets, storm drains, lights, and other projects that were never constructed at the Wetumpka subdivision. 

Cleghorn and Long instead drew money from the loan for purposes other than the subdivision and used the money to pay off other loans Long held at Hometown BankCleghorn also drew money from the loan to pay off a personal credit card.  Although the false draw requests were dated 2005, they were actually prepared and submitted to Cleghorn in 2007 when the FDIC was at Hometown Bank performing a bank examination.  Cleghorn asked Long to create the phony draw requests to add to the file during the examination.

The second loan was a $1.8 million residential loan Cleghorn approved for Long to build a personal residence in Destin, Florida.  Long later obtained a second mortgage on the residence through another bank.  Without the knowledge of Hometown Bank‘s loan committee, Cleghorn signed and filed a “Subordination of Mortgage” with the county clerk in Florida subordinating Hometown Bank‘s loan to the other bank’s.  That filing caused Hometown Bank to lose its priority position in the event of foreclosure.  Cleghorn did not place a copy of the subordination document in Hometown Bank‘s files, and later tried to hide it from Hometown Bank and the FDIC.  During the January 2007 FDIC examination, when FDIC officials repeatedly tried to fax a copy of the Subordination of Mortgage to the bank, Cleghorn claimed that the fax machine was not working.  In truth, however, Cleghorn instructed his assistant to destroy the document when it came through on the fax machine, but then lied to the examiners about the fax.

United States Attorney Sally Quillian Yates who announced the sentence said of the case, “Corrupt bank insiders wreak havoc both in the institutions they serve and on the country’s economy as it strives to recover.  Their position of trust gives them the needed access to cause tremendous damage and the ability to conceal their crimes once committed.  This defendant, the President and CEO of a Georgia bank, made bad loans to a crony who later admitted he paid cash kickbacks in exchange for the special treatment.  For years, the defendant took extraordinary efforts to cover up his fraud with phony documents and lies, but with today’s prison sentence, he has now been brought to justice.”

Jon T. Rymer, the Inspector General of the Federal Deposit Insurance Corporation, said, “Today’s sentencing reflects fitting punishment for a former banker who violated the trust of his community by engaging in criminal activity.  Such fraudulent behavior undermines the overall health of the banking system, and the FDIC OIG will continue to pursue such offenders, in the interest of ensuring the safety and soundness of the nation’s banks.”

This case was investigated by Special Agents of the Federal Deposit Insurance Corporation ““ Office of Inspector General.

Assistant United States Attorney Stephen H. McClain prosecuted the case.

Attorney Carol Asbury hoped to avoid prison for her role in a multimillion-dollar South Florida mortgage fraud, she told the ABA Journal last month. Once she came to her senses and realized she had gotten seriously off track, …

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Source: ABA Journal

Andrew Hamilton Williams, Jr., 60, Hollywood, Florida, was convicted by a federal jury of wire fraud and conspiracy to commit money laundering in connection with 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.

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. 

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.

Williams faces a maximum sentence of 30 years in prison for the fraud conspiracy; 30 years in prison on each of the 15 counts of wire fraud; and 20  years in prison for conspiracy to commit money laundering.  U.S. District Judge Roger W. Titus scheduled sentencing for March 30, 2012 at 9:00 a.m.  

Michael Anthony Hickson, 48, Commack, New York, the chief financial officer of MDH; Isaac Jerome Smith, 48, Spotsylvania, Virginia, the president of MDH; and Alvita Karen Gunn, 33, 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, 52, Washington, D.C.,  the chief financial officer of POS Dream Homes, previously pleaded guilty to money laundering, and Charlotte Melissa Josephine Hardmon, 39, Bowie, Maryland, pleaded guilty to conspiracy to commit wire fraud in connection with their participation in this scheme.  Their sentencing dates are pending.

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.

The conviction 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; Special Agent in Charge  Jeannine A. Hammett 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.

U.S. Attorney Rod J. Rosenstein said, “Metro Dream Homes was an egregious fraud scheme, and an excellent example of the principle that financial schemes that sound too good to be true are usually scams.”

“This case shows that the appearance of success can be a mask for a tangled financial web of lies,” said IRS Special Agent in Charge Jeannine Hammett. “Ponzi schemes can thrive for a time on false claims about how the money is being invested and where the returns are coming from. But that time is gone, and as this verdict shows, it’s time for those responsible to face judgment.”  

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. Attorneys for the District of Maryland Jonathan C. Su and Christen A. Sproule, who prosecuted the case.

A Tampa couple has pled guilty to criminal charges in a mortgage-fraud ring that took in nearly $9 million from troubled real estate stretching from Tampa to Orlando, the Florida Attorney General’s Office said …

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Source: Orlando Sentinel

A federal jury has convicted Andrew Hamilton Williams, Jr., age 60, of Hollywood, Florida of fraud conspiracy, wire fraud and conspiracy to commit money laundering in connection with a massive mortgage fraud scheme which promised to pay off homeowners’ …Owner and Founder of ‘Metro Dream Homes’ Convicted in $78 Million Mortgage … Insurance News Net (press release)Metro Dream Homes owner convicted in $78 million scheme Baltimore Sunall 3 news articles »

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Source: Consumer Affairs

A former Plantation police officer faces up to five years in prison after reaching a plea deal Tuesday with federal prosecutors who had alleged he orchestrated more than $16 million in mortgage fraud in South Florida. Joseph Guaracino had been the …and more »

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Source: Sun-Sentinel