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WPTVFour South Florida men are going before a federal judge tomorrow after being arrested in what investigators call a mortgage scam. Christopher Godfrey, 42, Dennis Fischer, 40, Vernell Burris, Jr., 51 and Brian Kelly, 34, all of Palm Beach …Four Palm Beach County men indicted in Mass. in alleged loan modification scheme Palm Beach PostFour Fla. men charged in home loan scam UPI.comFeds crack down on home-loan fraud Juice (blog)all 39 news articles »

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Source: WDBO Radio

WPTVFour South Florida men are going before a federal judge tomorrow after being arrested in what investigators call a mortgage scam. Christopher Godfrey, 42, Dennis Fischer, 40, Vernell Burris, Jr., 51 and Brian Kelly, 34, all of Palm Beach …Four Palm Beach County men indicted in Mass. in alleged loan modification scheme Palm Beach PostFour Fla. men charged in home loan scam UPI.comFeds crack down on home-loan fraud Juice (blog)all 39 news articles »

Click here for full article
Source: WDBO Radio

Jose Arnaldo Rosario, Miami-Dade County, Florida, pled guilty to conspiracy to commit money laundering and wire fraud, in violation of Title 18, United States Code, Section 371. At sentencing, Rosario faces a maximum term of imprisonment of five years. Sentencing is scheduled for August 3, 2011 at 1:30 PM in Miami, FL, before U.S. District Judge Jose A. Martinez.

According to the Information, from at least November 2005 to January 1, 2007, Rosario and his coconspirators purchased two properties located at 1331 Brickell Bay Drive (Unit 3003 and Unit 803), Miami, Florida, by obtaining bank loans using false and fraudulent information, phony documentation, and falsely inflated property valuation levels. Rosario and his coconspirators provided the lending institutions with the name of a straw buyer rather than the names of the true purchaser(s); provided false and fraudulent information concerning the intent of the straw buyer to live at the property; and provided false and fraudulent information concerning the employment history and financial resources of the straw buyer.

According to court documents, Rosario and his coconspirators then used these loan funds to purchase the properties using little or no money of their own. A portion of the difference between the amount obtained from the lending institution and the fair market value of the property (or “true price”) would be distributed among the conspirators in the form of undisclosed kickbacks. Rosario set up a shell company named Empire Associates to receive the funds initially and to make subsequent transfers. To avoid detection, Rosario would make a limited number of monthly payments on the loan for approximately one year before he stopped making payments altogether and allowed the properties to go into foreclosure. At the plea hearing, Rosario acknowledged that the loss resulting from his actions is approximately $2.51 million.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation Division (IRS-CID), and Michael K. Fithen, Special Agent in Charge, United States Secret Service, Miami Field Office, announced the guilty plea.

Mr. Ferrer commended the investigative efforts of the Internal Revenue Service, Criminal Investigation Division and the Secret Service. This case is being prosecuted by Assistant U.S. Attorney Jerrob Duffy.

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Source: Palm Beach Post

Bryan A. Pool, 43, Los Angeles, California, was charged by a Pensacola, Florida, Federal Grand Jury in a three-count Indictment with bank fraud, conspiracy to commit bank fraud, and conspiracy to commit money laundering.

On June 6, 2011, Pool was arraigned on the Indictment by United States Magistrate Judge Charles Kahn, and Pool pled not guilty. The charges contained in the Indictment allege that Pool entered into a contract to purchase a residence in Inlet Beach, Pensacola, Florida, for $ 1.5 million, and obtained a first mortgage for $975,000 and a $225,000 second mortgage line of credit from U.S. Bank N.A. to fund the purchase. The Indictment further alleges that, after closing on the loans and following a series of financial transactions, approximately $124,920 was transferred into a bank account held in Pool‘s name.

Pool‘s case has been assigned to Senior District Judge Lacey A. Collier, and a jury trial is scheduled for August 1, 2011. Pool faces a maximum of thirty years in prison for the conspiracy to commit bank fraud and the bank fraud charges and a maximum of twenty years in prison for conspiracy to commit money laundering.

An Indictment is merely a formal charge that a defendant has committed a violation of federal criminal law, and every defendant is presumed innocent until, and unless, proven guilty beyond a reasonable doubt.

 

Victor Cedeno, 26, was sentenced by U.S. District Judge Mary S. Scriven to five years in federal prison for his participation in a mortgage fraud conspiracy and for engaging in money laundering. In civil forfeiture proceedings, the Court ordered Cedeno to forfeit in excess of $1.3 million, which are traceable to proceeds of the offense.

Cedeno was found guilty on October 5, 2010, after having pled guilty to charges of conspiracy to commit mail fraud, wire fraud, and possession of counterfeit private securities, and charges of money laundering.

According to court documents, Cedeno was employed as a Loss Mitigation Negotiator in the Loan Resolution Management Department of Taylor, Bean & Whitaker, a private mortgage lender in Central Florida. There, Cedeno and another Loss Mitigation Negotiator that he recruited, Richard Nanan, engaged in a fraudulent skimming scheme. Cedeno led the conspiracy and scheme to defraud, which was executed in several different ways. In some instances, the conspiracy and scheme to defraud unfolded as follows:

Cedeno would negotiate and approve short sales of foreclosed homes owned by Taylor, Bean & Whitaker with mortgages for approximately ninety (90) percent of the mortgaged value of the properties. Cedeno would then direct the legitimate title company handling the closing to forward the payoff checks made payable from the bank accounts of the legitimate title companies to Taylor, Bean & Whitaker for approximately ninety (90) percent of the mortgaged value. During the course of his employment at Taylor, Bean & Whitaker, Cedeno would intercept the payoff checks. Those checks would then be fraudulently endorsed and deposited into the account of a shell company created solely to facilitate the fraud and controlled by Cedeno and another co-conspirator, Genesis Valdez.

A wire transfer would then be made in an amount equal to approximately 80 percent of the homes’ mortgaged value to another shell company controlled by Cedeno and Valdez. A check would be issued from that second shell company’s account to Taylor, Bean & Whitaker for approximately 80 percent of the homes’ mortgaged value. Finally, Taylor, Bean & Whitaker would be provided with fraudulent paperwork prepared by Cedeno that reflected that a settlement was reached at 80 percent of the mortgaged value, which amount would match the amount of the payoff check from the shell company. Cedeno and Valdez would retain any amount from the closing in excess of that 80 percent.

On August 12, 2009, Cedeno’s work space at Taylor, Bean & Whitaker was sealed, and Cedeno never returned to work. The next day, Cedeno and Valdez executed bank account transfers to consolidate the remaining funds in the accounts of the shell companies, and then obtained an official Cashier’s Check for the entire amount of those funds, approximately $320,000.00. The purpose of those transfers was to consolidate the fraudulently derived proceeds and to allow those proceeds to be secreted outside the United States.

Richard Nanan and Genesis Valdez pled guilty to conspiracy charges for their participation in this mortgage fraud conspiracy. Nanan received a sentence of 12 months in prison, and Valdez received a sentence of five months in prison and seven months of home confinement. Nanan and Valdez received reduced sentences for cooperating with the government.

U.S. Attorney Robert E. O’Neill announced the sentence.

This case was investigated by the United States Secret Service. It was prosecuted by Assistant United States Attorney Daniel C. Irick.

Alfio Paulo Puglisi, 42, formerly of Melbourne, Florida, was sentenced to 51 months in federal prison for conspiracy to commit wire fraud, followed by 3 years supervised release, and restitution in the amount of $1,453,609.73. Puglisi pled guilty to the charge on August 31, 2010.

According to court documents, in May 2007, the Federal Bureau of Investigation determined that 13 properties in Brevard County, Florida, were sold as part of a seller assistance program scam. Puglisi targeted properties for sale and convinced sellers to sign contracts that reflected an inflated sales price. The sellers agreed to kickback the excess sales proceeds at closing, usually in the form of a “fee” paid into an account Puglisi controlled.

Puglisi also located buyers with good credit and promised them a return on their investment for buying the properties in their names. Puglisi directed others to assist him in creating applications that contained false information and receiving wire transfers in interstate commerce from financial institutions. In total, Puglisi and others fraudulently obtained approximately $6,010,900. When Puglisi learned of the investigation, he fled to Italy. In May 2010, Puglisi traveled to Mexico, where he was denied entry and forced to enter the United States, where he was arrested. All the properties involved in the scam have liens placed on them, are in foreclosure proceedings, or have been the subject of a “short sale.”

U.S. Attorney Robert E. O’Neill announced the sentence handed down by U.S. District Judge John Antoon II.

This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Vincent A. Citro.

Daniel Duffy, 34, Sebastian, Florida, has been sentenced to seven years and three months in federal prison for aggravated identity theft and conspiracy to commit mail, wire, and bank fraud. As part of his sentence, the court also entered a money judgment in the amount of $4,861,058.70, the proceeds of the conspiracy to commit mail, wire, and bank fraud. Duffy pled guilty on March 25, 2010.

In two instances, Duffy purchased residences in Reunion, Florida through a straw buyer and falsely claimed to have a contract with the straw buyer to do repairs on the
houses. Based on those fictitious contracts, Duffy obtained $848,370 in cash at closing from the sellers.

In another transaction, Duffy purported to sell property from one of his companies to a straw buyer. As the purported seller, Duffy received about $91,000 in cash as well as proceeds that were used to pay off part of an existing loan on the property. To qualify for the new mortgage in the amount of $650,000, Duffy submitted (in the name of the straw buyer) an altered bank statement showing an account balance of $515,759.55, when, in fact, the account had a balance of $232.47.

According to court documents, Duffy and his conspirators obtained mortgages totaling $6,055,724 based on fraudulent applications that grossly overstated the applicants’ income and assets and omitted significant liabilities. Duffy supported these misrepresentations in many instances with documents that he had altered to change the name of the account owner and to reflect grossly inflated balances.

U.S. Attorney Robert E. O’Neill announced the sentencing by U.S. District Judge Gregory A. Presnell.

This case was investigated by the Internal Revenue Service, Criminal Investigation Division. It was prosecuted by Assistant United States Attorney Katherine Ho.

Stanley Gabart, 29, Miami, Florida, has been charged with mortgage fraud. The defendant surrendered on Thursday, July 8, 2010, and made his initial appearance in West Palm Beach federal court.

The two-count information charges defendant Gabart with conspiracy to commit bank fraud and making false statements on loan applications to Bank of America and JP Morgan Chase Bank, N.A., in connection with the purchase of various properties. If convicted, the defendant faces a maximum statutory term of imprisonment of 30 years on each count.

Among the properties listed in the information are 3586 Royalle Terrace, Wellington, Florida; 10475 Trianon Place, Lake Worth, Florida, and 540 West Avenue, #1414, Miami Beach, Florida. According to the allegations in the information, Gabart conspired with others to submit loan applications for the properties that contained false information about the applicants’ employment, income, assets and intention to live in the homes. In addition, Gabart allegedly recruited straw purchasers and paid the straw purchasers a fee for participating in the scheme. The fraud scheme resulted in more than $7 million in losses to several banks.

An information is merely an accusation and a defendant is presumed innocent unless and until proven guilty.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, John V. Gillies, Special Agent in Charge, Federal Bureau of Investigation, Miami Field Office, Henry Gutierrez, Postal Inspector in Charge, U.S. Postal Inspection Service, J. Thomas Cardwell, Commissioner, State of Florida’s Office of Financial Regulations, Amos Rojas, Jr., Special Agent in Charge, Florida Department of Law Enforcement, and Alex Sink, Chief Financial Officer, Florida Department of Financial Services, announce the July 6, 2010 filing of the criminal information. 

This case is the result of the investigative efforts of the multi-agency Palm Beach Mortgage Fraud Task Force. Mr. Ferrer commended the investigative efforts of the FBI, U.S. Postal Service, State of Florida’s Office of Financial Regulation, FDLE, and State of Florida’s Department of Financial Services. The case is being prosecuted by Assistant U.S. Attorney Ellen Cohen.

Marie Decosta Quintana, 40, North Miami, Florida, as a result of an investigation led by the Palm Beach County Mortgage Fraud Task Force. The defendant was arrested Tuesday, June 29, 2010, and made her initial court appearance in West Palm Beach, Florida.

The two-count indictment charges defendant Quintana with making false statements on loan applications to Bank of America and National City Bank, to purchase property in the Versailles Development at 10475 Trianon Place, Lake Worth, Florida, in 2007. According to the indictment, Quintana lied about her employment, income, assets and intention to live in the house to persuade the banks to provide money through two separate mortgages to buy the home. Quintana was recruited to be the straw purchaser of the home and received payment for allowing the use of her name, credit score and for signing documents containing false information. The fraud scheme resulted in more than $1.1 million in losses to two banks.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, John V. Gillies, Special Agent in Charge, Federal Bureau of Investigation, Miami Field Office, Henry Gutierrez, Postal Inspector in Charge, U.S. Postal Inspection Service, J. Thomas Cardwell, Commissioner, State of Florida’s Office of Financial Regulations, Amos Rojas, Jr., Special Agent in charge, Florida Department of Law Enforcement, and Alex Sink, Chief Financial Officer, State of Florida’s Office of Financial Services, announce fraud charges against a defendant.

The charges announced are the result of the investigative efforts of the multi-agency Palm Beach Mortgage Fraud Strike Force. Mr. Ferrer commended the investigative efforts of the FBI, the State of Florida’s Office of Financial Regulation, the U.S. Postal Inspection Service, FDLE and Florida’s Office of Financial Services. The case is being prosecuted by Assistant U.S. Attorney Ellen Cohen.

An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty.