Archives For New York

John F. Iacono (also known under the alias Vito Yodice), 46, and Shpresa Gjekovic (also known under the aliases Hope Gjekovic, Hope Iacono, Hope Yodice, and Shpresa Hadzovic), 32 , were sentenced today for defrauding banks throughout New York State and laundering those criminal proceeds to further their scheme.

The co defendants were convicted for mortgage fraud, money laundering and scheme to defraud after a joint investigation by the Office of the Attorney General and the New York State Police revealed that the couple utilized shell companies, forged cashier’s checks, and provided fake bank statements, W2s, paystubs, and tax returns in order to solicit over $1.3 million in loans from multiple upstate New York banks.

According to the indictment and statements made by the prosecutor in court, between April 2016 and March 2017, Iacono and Gjekovic applied for mortgages, a construction loan, personal lines of credit, personal loans, a commercial loan, a debt consolidation loan, and a Home Equity Line of Credit with fraudulent documentation that overstated their income, assets, and source of funds. The couple also created fake entities, including but not limited to JF Iacono, LLC and Iacono, LLC, and purported to have worked for them for years. In reality, these companies were created just days prior to their submissions of applications for hundreds of thousands of dollars in bank funds.

The investigation also revealed that Iacono and Gjekovic supplied over $125,000 in counterfeit cashier’s checks to financial institutions, law firms, title companies, and the sellers of a Schoharie County, New York property in order to secure financing and establish residency in the area. The couple allegedly intended to turn the Schoharie County property into a swingers club, but instead rented it out as a hunting cabin while pretending to raise money for children in need. Utilizing online postings, including on Facebook and Airbnb, they advertised the rental property.

The defendants also created a false personal financial statement showing net worth in excess of $1.1 million, with cash on hand of $400,000, while their actual account balances were in the negative. The balances on these statements were grossly inflated, as the couple never had more than a few thousand dollars in the accounts – the vast majority of which was from other loans. To support their claims, Iacono and Gjekovic also supplied fake bank statements showing counterfeit assets.

In addition, Iacono and Gjekovic concealed outstanding judgments against them totaling in excess of $1.4 million from the financial institutions from which they tried to secure loans. Moreover, the couple laundered the fraudulently-obtained loan proceeds to fund real estate transactions, utilizing at least five financial institutions during the course of the year-long scheme. In total, the couple stole over $460,000 from three financial institutions, and attempted to steal over $860,000 in additional proceeds from five financial institutions.

In December 2018, both defendants were arrested on a 19-count indictment charging Residential Mortgage Fraud in the Second Degree, Grand Larceny in the Second and Third Degrees, Money Laundering in the Third Degree, Criminal Possession of a Forged Instrument, Falsifying Business Records in the First Degree, and Scheme to Defraud in the First Degree, among other charges.

On March 29, 2019, Iacono and Gjekovic pleaded guilty before Schoharie County Court Judge George R. Bartlett, III to Residential Mortgage Fraud in the Second Degree (a class C felony), Money Laundering in the Third Degree (a class D felony), and Scheme to Defraud in the First Degree (a class E felony). Iacono and Gjekovic’s pleas resolve additional alleged crimes of money laundering, grand larceny, forgery, and identity theft for which the defendants could have been charged in Albany, Delaware, Greene, Kings, Otsego, Queens, and Rensselaer Counties.

Attorney General Letitia James and State Police Superintendent Keith M. Corlett made the announcement.

Iacono and Gjekovic falsified document after document in order to pad their own pockets,” said Attorney General Letitia James. “Let this serve as a warning to all of those who try to carry out such deliberate schemes: There is no place in this state for individuals who try to cash in at the expense of hardworking New Yorkers. I thank the State Police for their bringing accountability and justice to this elaborate and deceitful plot.”

This couple knowingly defrauded financial institutions and businesses, and preyed on the public’s philanthropy, all to fill their pockets and satisfy their greed,” said New York State Police Superintendent Keith M. Corlett. “This sentencing brings justice and should remind those thinking of carrying out these types of schemes, that you will be held accountable. Thank you to the Attorney General’s Office, our State Police Financial Crimes Unit and other law enforcement partners for their hard work in exposing this plot.”

The case is being prosecuted as part of Attorney General James’ Combatting Upstate Financial Frauds and Schemes (“CUFFS”) Initiative, led by Assistant Attorney General Philip V. Apruzzese of the Criminal Enforcement and Financial Crimes Bureau. The CUFFS Initiative was created to assist local law enforcement and District Attorney’s Offices in the investigation and prosecution of complex financial crimes and money laundering cases such as this one.

Attorney General James thanks the New York State Police Financial Crimes Unit and State Police Bureau of Criminal Investigations, as well as Schoharie County District Attorney Susan J. Mallery for their valuable assistance on this investigation.

This case is being prosecuted by Assistant Attorney General Philip V. Apruzzese, with the assistance of Legal Support Analysts Kira M. Russom, Caitlin Carmody and Samantha Wintner and Supervising Analyst Paul Strocko. The Criminal Enforcement and Financial Crimes Bureau is led by Bureau Chief Stephanie Swenton and Deputy Bureau Chief Joseph D’Arrigo. The Criminal Division is led by Chief Deputy Attorney General José Maldonado.

The OAG investigation was conducted by Investigator Mark J. Terra, under the supervision of Supervising Investigator Mark Spencer and Deputy Bureau Chief Antoine Karam. The Investigations Bureau is led by First Deputy Chief Investigator John Reidy.

 

Robert Morgan, Frank Giacobbe, Todd Morgan, and Michael Tremiti, have been charged today in a 114-count superseding indictment charging them with conspiracy to commit wire fraud and bank fraud for their roles in a half billion dollar mortgage fraud scheme.

The defendants each face various additional charges such as wire and bank fraud, and money laundering. Todd Morgan and Robert Morgan are also charged with wire fraud conspiracy to defraud insurance companies. The charges carry a maximum penalty of 30 years in prison and a fine in the amount of double the loss caused by the crimes, which is currently estimated to exceed $25,000,000.

During the course of the conspiracy:

  • Robert Morgan was the managing member and chief executive officer of Morgan Management. In addition to his role with Morgan Management, he controlled and managed owned a substantial portfolio of real estate holdings;
    • Frank Giacobbe owned and operated Aurora Capital Advisors, identified himself as the Principal, and employed others to assist him in brokering, and attempting to broker real estate loans;
    • Todd Morgan was employed at Morgan Management, and worked as a Project Manager at the company; and
    • Michael Tremiti was employed at Morgan Management, and worked as Director of Finance for the company.

According to the superseding indictment, between 2007 and June 2017, the defendants conspired with Kevin Morgan, Patrick Ogiony, Scott Cresswell, and others to fraudulently obtain moneys, funds, credits, assets, securities, and other property from financial institutions such as Arbor Commercial Mortgage, LLC and Berkadia Commercial Mortgage, LLC, and government sponsored enterprises, including Federal Home Loan Mortgage Corporation (Freddie Mac), and the Federal National Mortgage Association (Fannie Mae).

The defendants provided false information to financial institutions and government sponsored enterprises overstating the incomes of properties owned by Morgan Management or certain principals of Morgan Management. The false information induced financial institutions to issue loans: (1) for greater values than the financial institutions would have authorized had they been provided with truthful information; and (2) that the financial institutions would not have issued at the time of issuance had they been provided with truthful information. These properties included:

  The Preserve at Autumn Ridge, Watertown, New York;
  The Eden Square Apartments, Cranberry Township, Pennsylvania;
  The Rochester Village Apartments at Park Place, Cranberry Township, Pennsylvania;
  The Reserve at Southpointe, Canonsburg, Pennsylvania;
  7100 South Shore Drive Apartments, Chicago, Illinois;
  The Avon Commons Apartments, Avon, New York;
  The Morgan Bay Apartments, Houston, Texas;
  Brookwood on the Green, Syracuse, New York;
  The Creek Hill Apartments, Rochester, New York;
  Hickory Hollow, Rochester, New York;
  The Knollwood Manor Apartments, Rochester, New York;
  The Links at Centerpointe, Canandaigua, New York;
  The Nineteen North Apartments, Pittsburgh, Pennsylvania;
  The Overlook at Golden Hills, Lexington, South Carolina;
  The Penbrooke Meadows Apartments, Rochester, New York;
  The Trails of North Hills Apartments, Raleigh, North Carolina;
  The Rivers Pointe Apartments, Syracuse, New York;
  The Union Square Apartments, Rochester, New York;
  The View at MacKenzi, York, Pennsylvania; and
  The Villas of Victor, Rochester, New York.

To facilitate the conspiracy:

  • Morgan Management provided property management, accounting, and financial reporting services for the properties owned by limited liability companies controlled by defendant Robert Morgan.
    • The defendants conspired to manipulate income and expenses for properties to meet debt service coverage ratios (“DSCRs”) required by lending institutions. The manipulation included, among other things, removing expenses from information reported to lenders and keeping two sets of books for at least 70 properties, with one set of books containing true and accurate figures and a second set of books containing manipulated figures to be provided to lenders in connection with servicing and re-financing loans.
    • The defendants conspired to present lending institutions with false and fraudulent inflated construction contracts and invoices that falsely reported to the lending institution that the contractor constructing a property was being paid more than the contractor was actually being paid.
    • The defendants provided false information to financial institutions and government sponsored enterprises that overstated net incomes of properties and thereby induced financial institutions to: (1) issue loans (a) for greater values than financial institutions would have authorized had they been provided with truthful information; and (b) that the financial institutions would not have issued at the time of issuance had they been provided with truthful information; and (2) forgo contractual rights that would have inured to the financial institutions had the defendants and Morgan Management presented accurate financial information to the financial institutions.
    • The defendants employed various mechanisms to mislead inspectors, appraisers, financial institutions and government sponsored enterprises with respect to the occupancy of properties.
    • The defendants falsely inflated the amounts owed on properties, by among other things, (1) providing false documentation of obligations purportedly associated with the properties, (2) misrepresenting the actual purchase prices of properties by providing false contracts and contract prices, and (3), as set forth above, presenting false construction contracts and invoices.

In the wire fraud conspiracy to defraud insurers, Todd Morgan and Robert Morgan are accused of conspiring with Kevin Morgan and Scott Cresswell to present false and inflated contracts and invoices for repairs to insurers after damages to properties in Robert Morgan’s real estate portfolio. These properties include the Summerwood Apartments, Merrillville, Indiana; the Eden Square Apartments, Cranberry Township, Pennsylvania; and at thirty-four properties in the Rochester, New York area after a March 2017 windstorm in that area.

The defendants are also charged with money laundering conspiracy for engaging in monetary transactions in excess of $10,000 using the proceeds of wire fraud and bank fraud.

The total loss sustained by financial institutions and government sponsored enterprises throughout the mortgage fraud scheme is currently estimated to exceed $25,000,000. The loss resulting from the insurance fraud scheme is currently estimated at approximately $3,000,000.

The defendants made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and were released on conditions.
U.S. Attorney James P. Kennedy, Jr. made the announcement.

The charges announced today reflect this Office’s commitment to ensuring that those who do business with the mortgage, banking, and insurance industries act with honesty and integrity,” stated U.S. Attorney Kennedy. “The scope of the dishonesty and deceit alleged here—both in a geographic sense as well as in terms of the dollar value of the mortgages and properties involved—was expansive. This type of fraud strikes at the very heart of those industries, and I commend the FBI and the FHFA-OIG for the significant resources they devoted to this investigation in order to reveal the full scope of the illegal conduct alleged in this superseding indictment.

Today’s charges allege Robert Morgan-and the men he surrounded himself with in business-worked hard with a desire to creatively subvert the integrity of the financial industry,” said FBI Buffalo Special Agent-in-Charge Gary Loeffert. “In response, we worked just as hard and creatively to put a stop to it. We hope the indictment returned in this case helps to educate and protect the tens of thousands of investors who own mortgage-backed securities.”

Richard Parker, Acting Deputy Inspector General for Investigations for the Federal Housing Finance Agency, Office of Inspector General (FHFA-OIG), said, “the financing of multifamily loans is a significant segment of Fannie Mae’s and Freddie Mac’s portfolio.  As these charges demonstrate, FHFA-OIG will work with our partners in law enforcement to investigate and hold accountable those who seek to victimize the entities regulated by FHFA.”

Defendants Kevin Morgan and Patrick Ogiony were previously convicted of conspiracy to commit bank fraud, and defendant Scott Cresswell was previously convicted of conspiracy to commit wire fraud for their roles in the multi-million dollar fraud scheme. All three defendants are awaiting sentencing.

The superseding indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Federal Housing Finance Agency, Office of Inspector

General, under the direction of Special Agent-in-Charge Robert Manchak, Northeast Region.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

 

Ramjit Jaikaran, a.k.a. A.J. Jaikaran, 55, South Ozone Park, Queens; Colin Hill, 41, Jamaica, Queens; Kaso Rampersad, 51,  Orlando, Florida, and Justin Codrington, 29,  New Rochelle, New York were arraigned today on an indictment in which they are variously charged with grand larceny, money laundering, identity theft, and other charges for allegedly conspiring to sell a vacant Canarsie, Brooklyn house to the victims, using forged documents to conceal the fact that the homeowner was deceased, and then stealing the $276,000 that the couple paid for the property.

According to the investigation, in July 2017, a married Guyanese couple who wanted to invest in Brooklyn real estate were allegedly fraudulently induced by the defendants to pay $276,000 to purchase a residential property located on East 94th Street, Canarsie, Brooklyn, which the couple believed the defendants were authorized to sell. The property was actually owned by Ruth Adelman, who died in 1993 without a will.

It is alleged that defendant Jaikaran showed the house to the couple and claimed that it was for sale. Defendant Rampersad allegedly pretended to represent Adelman’s heir – falsely claiming that she had a son who inherited the property and was willing to sell it. Ms. Adelman did not have any children, and the person identified by the defendants as her “son” was in fact the victim of identity theft.

It is alleged that defendant Hill agreed to act as the couple’s attorney at the closing for the property on July 31, 2017. Hill is not an attorney and is not admitted to practice law in New York State.

While at the closing, it is alleged, Hill falsely claimed that Adelman’s “son” had earlier signed the contract of sale, the deed and other documents, transferring ownership of the property to the couple’s family corporation. Hill even presented them with a fraudulent death certificate for Adelman which identified her supposed son, and a fraudulent birth certificate for the “son.”

To complete the sale, the couple paid the defendants $250,000, using two bank checks for $150,000 and $125,000, along with $1,000 in cash for Hill’s “legal” fee. According to the indictment, defendant Codrington cashed the check for $150,000 using an account controlled by his company; other funds were disbursed to a company controlled by Jaikaran’s wife.

In November 2017, the couple’s family corporation was sued by Valley Capital Partners LLC, which alleged that it purchased the property from Adelman’s true heirs. One of the victims confronted defendants Jaikaran and Rampersad, in separate conversations, stating that he believed that he may have been defrauded, and, it is alleged, both defendants urged him not to report it to law enforcement.

Brooklyn District Attorney Eric Gonzalez made the announcement.

District Attorney Gonzalez said, “These defendants allegedly engaged in an elaborate scam to steal the savings of an innocent couple. I am committed to protecting homeowners and home purchasers in Brooklyn and will now seek to hold the defendants accountable for this alleged scheme. As property values continue to rise in Brooklyn, protecting residents from fraudulent real estate schemes is a top priority.”

The District Attorney identified the defendants as Defendants Jaikaran and Hill were arraigned before Brooklyn Supreme Court Justice Joanne Quinones on April 16, 2019; defendants Rampersad and Codrington were arraigned before Justice Danny Chun on April 17, 2019 and yesterday, May 21, 2019, respectively. The defendants are variously charged, in the 20-count indictment with one count of conspiracy, one count of second-degree grand larceny, two counts of first-degree identity theft, seven counts of second-degree criminal possession of a forged instrument, one count of fourth-degree conspiracy, and five counts of first-degree falsifying business records. Hill is charged with one count of practicing and appearing as an attorney at law without being admitted and registered, and Codrington is charged with one count of criminal possession of stolen property and two counts of second-degree money laundering. They face up to 15 years in prison if convicted of the top count. Codrington is being held on $30,000 bail. The other defendants were released without bail. All of the defendants were ordered to return to court on June 26, 2019.

The District Attorney thanked the New York City Sheriff’s Office for its assistance in the investigation.

The case was investigated by Detective Investigators assigned to the District Attorney’s Investigations Bureau. Detective Sergeant Teresa Russo of the New York City Sheriff’s Office, Bureau of Criminal Investigation, provided valuable assistance in the investigation.

The case is being prosecuted by Senior Assistant District Attorney Elizabeth Kurtz, of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Richard Farrell, Chief of the Real Estate Fraud Unit, Assistant District Attorney Michel Spanakos, Deputy Chief of the District Attorney’s Investigations Division and the overall supervision of Assistant District Attorney Patricia McNeill, Chief.

Craig Hecht, 51, Mount Sinai, New York, has been arraigned today on an indictment in which he is charged with grand larceny and money laundering for allegedly stealing a vacant brownstone worth over $1 million in a deed fraud scheme targeting an 80-year-old Bedford-Stuyvesant homeowner.

According to the indictment, Hecht and a codefendant (who remains unapprehended) allegedly stole the deed to 260 Clifton Place, a two-story Bedford-Stuyvesant, New York, brownstone owned by an 80-year-old woman. The victim and her family lived in the residence for over three decades. In 2010, the family vacated the property after a fire made the building uninhabitable.

Hecht allegedly formed an entity called Ernestina Thomas LLC that he filed with the New York State Department of State on April 20, 2015. Ten days later, the codefendant allegedly opened a bank account called Ernestina Thomas LLC (ET). The victim did not know about or consent to any of this.

On September 18, 2015, according to the investigation, Hecht set up a closing where 260 Clifton Place was transferred to an entity called TDA Development. A deed with the victim’s forged signature, which transferred the property from her to TDA, was filed and recorded with the City Register. The bulk of the proceeds of the sale went into an ET account which the codefendant controlled.

Shortly thereafter, Hecht offered 260 Clifton Place to a prospective buyer. It is alleged that on November 5, 2015, the codefendant opened a bank account for TDA and the following day the property was transferred from TDA to the buyer at a closing for $850,000, with most of the proceeds of that sale going into the codefendant’s TDA account. From the funds allegedly stolen out of the two closings, the codefendant wired $190,000 to an account he had in Athens, Greece, withdrew another $120,000 in a series of cash withdrawals and transferred over $250,000 to an account held by Hecht’s wife.

The victim was notified of the alleged theft when a neighbor called to tell her that someone was working on the house and introduced himself as the new property owner. She then notified the District Attorney’s Office.

The defendant was arraigned yesterday before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with two counts of second-degree grand larceny and two counts of second-degree money laundering. The defendant was ordered held on $150,000 bond or $75,000 cash bail and to return to court on August 14, 2019. He faces up to 15 years in prison if convicted of the top count.

Brooklyn District Attorney Eric Gonzalez made the announcement.

District Attorney Gonzalez said, “This defendant allegedly thought he could take advantage of an elderly homeowner’s absence to steal her house and sell it before she or anyone else noticed. Brooklyn’s robust real estate market continues to be an attractive target for theft and fraud. I remain vigilant in my commitment to protecting homeowners and encourage them to protect themselves by registering with the Automated City Register Information System (ACRIS) so that they are automatically informed of changes made to documents associated with their property.”

The case was investigated by Detective Investigators assigned to the KCDA Investigations Bureau. Supervising Financial Investigator Vincent Jones assisted in the investigation, as did Investigative Analyst Megan Carroll, both of the District Attorney’s Investigations Division.

The case is being prosecuted by Senior Assistant District Attorney Linda Hristova, of the District Attorney’s Frauds Bureau, with assistance from Senior Assistant District Attorney Patrick Cappock, under the supervision of Assistant District Attorney Richard Farrell, Chief of the District Attorney’s Real Estate Fraud Unit and Assistant District Attorney Michel Spanakos, Deputy Chief of the District Attorney’s Investigations Division, and the overall supervision of Assistant District Attorney Patricia McNeill, Chief of the District Attorney’s Investigations Division.

David Gotterup, also known as “David Gott,”, 35, Oceanside, New York, and Jason Green, 35, Oceanside, New York, were charged in an eleven-count indictmenet with conspiracy to commit mail fraud, wire fraud, and bank fraud in connection with a scheme to defraud homeowners who were attempting to modify their mortgage loans, and related mail fraud counts.  The indictment also charged Gotterup with conspiracy to commit wire and bank fraud in connection with a scheme to improperly obtain mortgage loans, and related bank fraud counts, disaster loan fraud, and aggravated identity theft. Continue Reading…

The United States filed a civil suit against the Rainy Day Foundation, Inc., a purported charitable “counseling fund,” together with its associated business entities and principals.  The case was filed federal court in Central Islip, New York and has been assigned to United States District Judge Joseph F. Bianco.

The complaint alleges that in at least 865 instances, the Rainy Day Foundation, together with five Eastern District of New York-based mortgage lenders and their principals, defrauded the United States and various banks insured by the Federal Deposit Insurance Corporation (“FDIC”), resulting in millions of dollars of mortgage losses, and requiring the United States to pay over $5,605,237 in false claims. Continue Reading…

Ped Abghari, a/k/a “Ted Allen,” 38, Irvine, California, and Justin Romano, 41, of Blue Point, New York, pled guilty for their roles in orchestrating a massive mortgage modification scheme that collectively defrauded over 8,000 homeowners out of over $18.5 million.  Abghari and Romano each pled guilty to wire fraud and conspiracy to commit wire fraud, and Abghari also pled guilty to misprision of a felony.  Romano pled on September 14, 2015, and Abghari pled on September 15, 2015, before U.S. District Judge. John F. Keenan.   Continue Reading…

Anika N. Greene, 42, Bronx, New York, was convicted by a federal jury on charges of conspiracy to commit bank and wire fraud, bank fraud, wire fraud, access device fraud and three counts of aggravated identity theft.

Green was charged in a superseding indicted on July 15, 2014. According to court records and evidence presented at trial, Greene and three other individuals, Jeffrey Washington, Alice Howard, and Catya J. Craig, burglarized Wells Fargo mortgage offices throughout New York, New Jersey, Connecticut and Maryland in 2012 and 2013. The defendants stole over 1,800 mortgage files that were then used in a variety of bank customer impersonation and retail credit fraud schemes, targeting various banks and retailers. Washington recruited individuals to go into banks, impersonate customers and remove funds via setting up business accounts and transferring funds from the accounts of bank customers. Washington and other defendants, including Greene, traveled from New York to the Eastern District of Virginia on multiple occasions throughout 2012 and 2013. Continue Reading…

Selim Zherka, 47, businessman, Somers, New York, pled guilty to conspiring to make false statements to a bank in order to receive millions of dollars in loans and to file materially false tax returns with the IRS.  As part of his plea agreement, Zherka agreed to forfeit $5.23 million.

According to the Superseding Information filed in White Plains federal court and other court documents filed in the case:  From December 2005 through the present, Zherka conspired with others to obtain $63.5 million in loans from Sovereign Bank (now Santander), for the purchase and/or refinancing of apartment house complexes in Tennessee by lying about the purchase price of the real estate he was acquiring and the amount of the down payment he was making toward the purchase in question. Continue Reading…

Judge Denies Habeas, Upholding Fraud Conviction

A former leader of a Haitian paramilitary force failed to persuade a judge that his mortgage fraud conviction in the United States was unsound.

Eastern District Judge Jack Weinstein denied Emmanuel “Toto” Constant’s habeas corpus petition on Friday, saying the lead-up to his conviction—which involved a state judge’s sua sponte decision to vacate Constant’s plea deal in light of serious allegations against him for his acts in Haiti—did not run afoul of due process requirements.