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John A. Yanchek, 49, Sarasota, Florida, a practicing attorney licensed by the State of Florida, pleaded guilty before Magistrate Judge Thomas B. McCoun III to three counts of a 47-count Indictment charging four individuals with conspiracy, making false statements in connection with bank loans, scheming to defraud several FDIC – insured banks, and money laundering. Mortgage Fraud Blog previously reported on Yanchek’s Indictment along with 3 others; Neil Mohamed Husani, Larry P. Nardelli and Michael A. Tringali.

Yanchek pleaded guilty to Count 1 which charged him with conspiracy. The maximum penalty on that count is five years’ imprisonment and a $250,000 fine. Yanchek also pleaded guilty to Count 4, which charged him with making false statements to a federally-insured bank in connection with a commercial loan. The maximum penalty on that count is 30 years’ imprisonment and a $1-million fine. Finally, Yanchek pleaded guilty to Count 36, which charged him with money laundering. The maximum penalty on that count is 10 years’ imprisonment and a $250,000 fine.

According to the plea agreement, Yanchek entered into a conspiracy to make false statements to federally-insured banks in connection with applications for commercial loans to fund the purchase of vacant land in the Sarasota/Manatee, Florida area for development. The object of the conspiracy was to obtain a loan from a bank in an amount that was sufficient to allow the conspirators to purchase the property without contributing any equity of their own and to receive excess loan proceeds for their personal use and benefit. To influence the lending decision of the various banks, Yanchek, acting in his legal capacity as the closing attorney, made false statements regarding the financial resources of the borrower, the amount and source of equity contributed by the borrower, compliance with the seller’s obligation to provide marketable title to the property, and distribution of the loan proceeds.

The total face amount of the commercial loans fraudulently obtained from seven banks was $82.7 million.

Co-defendant Michael A.Tringali pleaded guilty to the conspiracy charge on November 3, 2008. Tringali is awaiting sentencing.

Sentencing Updates

admin —  February 4, 2009 — Leave a comment

Brian Guimond, 42, Norwich, Connecticut, was set to be sentenced on February 2, 2009, however his sentencing has been continued to April 30, 2009 before US District Court Judge Vanessa L. Bryant. As previously reported by Mortgage Fraud Blog, Guimond waived his right to indictment and pleaded guilty to one count of conspiracy to commit mail fraud and wire fraud related to a $3.6 million mortgage fraud scheme.

Louis Cuomo, 30, Coral Springs, Florida, aka Anthony Louis Cuomo was set to be sentenced on January 28, 2009, however, his sentencing was continued to February 13, 2009. As previously reported by Mortgage Fraud Blog, Cuomo had pled guilty to two separate conspiracies to commit mail and wire fraud, in violation of 18 U.S.C. §1349.

Samir Nel Cabrera, 31, Fort Meyers, Florida, a real estate agent, was indicted on charges that he devised a scheme to defraud, to obtain money, and to deprive persons and entities of the intangible right of honest services. According to media reports, Cabrera was found guilty on 11 counts and faces 190 years in prison.

The Indictment charges that the defendant perpetrated an investment fraud involving undisclosed transfers, or flips, of real property and same-day closings. As previously reported by Mortgage Fraud Blog, a Florida limited liability company controlled by Samir Cabrera, STR & Associates, LLC, purchased two parcels of undeveloped real property and then flipped the properties on the same days to real estate investment limited liability companies controlled by Cabrera and funded by investors. The flipped properties were: 13701 Fiddlesticks Blvd, Fort Meyers, Florida and 13800 Fiddlesticks Blvd, Fort Meyers, Florida. The LLC’s involved were: Samir Cabrera, 13701 Fiddlesticks Blvd, LLC, and Samir Cabrera, 13800 Fiddlesticks Blvd, LLC. According to the Indictment, gains created by the flips were $900,000 and $1.9 million, almost all of which Cabrera misappropriated from the investment funds of investors in these real estate investment limited liability companies.

The Indictment charges that Cabrera converted these funds to his own use and the use of others. The Indictment also charges that Cabrera embezzled additional funds from one of the companies in the amount of $20,100.00. He is charged with executing the scheme to defraud by causing persons or entities to send wire transfers of money to a Fort Myers bank account under his control.

If convicted, he faces a maximum term of imprisonment of 20 years, a maximum fine of $250,000, a term of supervised release of 3 years on each of four counts. He would also be ordered to pay restitution to victims of the offenses and forfeit any property constituting or derived from proceeds obtained as a result of the offense.