Archives For Escrow Fraud

Robert Pena, 69, the president and founder of a Falmouth mortgage company was sentenced yesterday in connection with defrauding the Government National Mortgage Association (Ginnie Mae) out of approximately $2.5 million.

The charges arise out of Pena’s scheme to defraud Ginnie Mae, a government-run corporation charged with making housing more affordable by injecting capital into the U.S. housing market. Ginnie Mae, which is part of the U.S. Department of Housing and Urban Development (HUD), guarantees the timely payment of principal and interest to investors in bonds backed by government-sponsored mortgage loans, such as those offered by the Federal Housing Administration and the U.S. Department of Veterans Affairs.

MSI contracted with Ginnie Mae to pool eligible residential mortgage loans and then sell Ginnie Mae-backed mortgage bonds to investors. MSI was responsible for servicing the loans in the pools it created, including collecting principal and interest payments from borrowers, as well as loan payoffs, and placing those funds into accounts held in trust by Ginnie Mae, which would ultimately pass them along to investors. Among other things, Ginnie Mae required issuers like MSI to provide regular reports to Ginnie Mae concerning the status of the loans in the pools.

Beginning in 2011, Pena began diverting money that borrowers were sending to MSI.  Specifically, Pena deposited high-dollar, loan-payoff checks into bank accounts unknown to Ginnie Mae and then used those funds for personal and business expenses. Pena also diverted borrowers’ escrow funds and mortgage-insurance premiums for his own use. In total, Pena took approximately $2.5 million, which Ginnie Mae then had to pay to investors whose investments it had guaranteed. Pena also attempted to cover up his scheme by providing false reports to Ginnie Mae about the status of the loans MSI was servicing. These false reports made it appear that the loans were still in repayment.

Pena’s co-conspirator, Gilda Andrade, who worked for Pena at MSI and helped Pena file false reports with Ginnie Mae, cooperated with the government’s investigation. Andrade pleaded guilty to a misdemeanor charge of making a false statement to HUD in December 2017, and was previously sentenced to one year probation and ordered to pay $108,240 in restitution to Ginnie Mae.

Pena was sentenced to 32 months in prison, two years of supervised release, and ordered to pay $2.5 million in restitution to Ginnie Mae. In October 2017, Pena pleaded guilty to an indictment charging him with one count of conspiracy and six counts of wire fraud.

United States Attorney Andrew E. Lelling; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; and Joseph Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The U.S. Attorney’s Office wishes to acknowledge the invaluable assistance of the U.S. Department of Veterans Affairs, Office of Inspector General; the U.S. Department of Agriculture, Office of Inspector General; and the Falmouth Police Department. Assistant U.S. Attorney Brian M. LaMacchia prosecuted the case.

Constantine Giannakos, 51, Hicksville, New York, a disbarred attorney, pleaded guilty yesterday to stealing $40,000 from a Hicksville couple selling their home.

In early 2017, a Hicksville homeowner and her ex-husband hired the defendant to represent them in the sale of their home. The complainants and their home purchasers entered a sales contract on February 4, 2017.

At the time of the contract signing, the buyers’ attorney provided a $40,000 down payment check made out to ‘Constantine Giannakos, as attorney’ that was deposited into Giannakos’ escrow account and held there until the closing.

Between February 4, 2017 and the scheduled closing date of September 27, 2017, the defendant and one of the complainants met at public locations including a Dunkin’ Donuts on Newbridge Road in Hicksville. The defendant claimed he had an office in Syosset, New York but in fact, did not.

Following the closing on September 27, 2017 the defendant was supposed to remit the $40,000 down payment to his clients but never did so. The complainants made several subsequent requests for the money via phone and text messages but never received the money.

The Nassau County District Attorney’s Office received the case on October 24, 2017, after receiving a complaint from the homeowners. A review of the escrow account showed Giannakos spent the $40,000 at Home Depot, on credit card payments, department stores, mortgage payments, and unrelated business expenses.

Giannakos pled guilty to Grand Larceny in the Third Degree (a D felony) before Judge Robert Bogle. If the defendant provides $40,000 restitution at the time of sentence on May 10, 2019 he is expected to be sentenced to five years’ probation; however, if the defendant does not pay restitution, he is expected to be sentenced to one to three years in prison.

Nassau County District Attorney Madeline Singas made the announcement.

Instead of faithfully representing his clients, this defendant stole $40,000 from them and spent it at the Home Depot and on personal credit card payments,” DA Singas said. “When an attorney abuses their client’s trust and steals from them, my office will hold them accountable for their crimes.”

Giannakos was disbarred for another matter on August 21, 2012.

Since 2012, the NCDA has prosecuted more than 20 attorneys for misconduct.

If you believe you may have been a victim of an unscrupulous attorney, please call the NCDA’s Tip Line at 516-571-7755. Anyone interested in hiring an attorney is encouraged to check that person’s standing and registration with the Office of Court Administration.

Assistant District Attorney Jennifer Contreras of DA Singas’ Financial Crimes Bureau is handling this case. Eric Franz, Esq. represents the defendant.

 

Christopher B.  Pitts, 48, Georgia, who was previously a practicing attorney in Montgomery, Alabama, received a 37-month sentence on November 6, 2018 for devising a scheme to commit wire fraud affecting a financial institution.

According to court documents, between 2005 and 2008, Pitts served as a closing attorney for the sales of all homes owned by HUD in northern and central Alabama.  As the closing attorney, it was Pitts’ job to receive purchase money, pay closing costs, and transmit to HUD the remaining purchase money.  As Pitts admitted when he pleaded guilty, on numerous occasions, he did not actually remit payments to HUD.  As a result of Pitts’ fraud, HUD never received the money it was owed for the sale of HUD-owned houses.

United States District Judge L. Scott Coogler sentenced Pitts after he pleaded guilty to defrauding the United States Department of Housing and Urban Development (HUD).

At the sentencing hearing, Judge Coogler found that Pitts was responsible for causing a total loss to HUD of $1,090,888.53.  The judge ordered that Pitts make full restitution to HUD upon his release from prison.

This case was investigated by HUD’s Office of Inspector General.  Assistant U.S. Attorney Jonathan S. Ross prosecuted the case.

 

Eric Granitur, 60, Vero Beach, Florida, an attorney, George Heaton, 75, West Palm Beach, Florida, a property developer and Stephen McKenzie, 46, Melbourne, Florida, a condominium buyer were sentenced today to prison for participating in a criminal conspiracy and making false statements to a federally insured institution.

According to the court record, in 2009, Eric Granitur owned and operated Live Oak Title, which conducted two real estate closings for the purchase of five condominiums at the Vero Beach Hotel and Spa.  The seller and developer of the Vero Beach Hotel and Spa, George Heaton paid numerous incentives to buyer Stephen McKenzie to purchase the condominiums.  Heaton agreed to pay the “cash-to-close” amount that the buyer McKenzie was expected to bring to closing, and nearly $380,000 in additional cash after closing.

Granitur’s title company, Live Oak Title, conducted the closings for the sales of the Vero Beach Hotel and Spa condominium units sold to buyer McKenzie.  As an escrow agent, Granitur was required to truthfully and accurately prepare and distribute a settlement statement to the financial institutions, known as a “HUD-1,” in preliminary form for review by the financial institution, prior to the closing of escrow.   The closing statement was required to accurately reflect, among other information, the sales price, the closing funds provided by the borrower and all of the seller’s contributions.  As an escrow agent, Granitur was responsible for receiving and holding in trust, in an escrow account, the mortgage loan proceeds from the financial institutions that financed the purchase of the condominium units, and he was responsible for disbursing those loan proceeds only after final approval by the financial institutions.

On two occasions, involving Vero Beach Hotel and Club condo units sold by Heaton to McKenzie, Granitur knowingly caused a false closing statement to be transmitted to a federally insured financial institution.  The HUD-1 closing statements failed to truthfully disclose seller credits and incentives.  Additionally, the closing statements failed to disclose that the seller was paying the buyer’s “cash-to-close.”  The financial institutions relied upon the closing statement in authorizing the release of funds.

U.S. District Judge Robin L. Rosenberg sentenced Granitur, Heaton and McKenzie to prison today.

Granitur was sentenced to 12 months and one day in prison, to be followed by 5 years of supervised release.  He was ordered to forfeit approximately $28,000.

Heaton, who pleaded guilty and cooperated with the government, was sentenced to 6 months in prison, 3 years of supervised release, and forfeited approximately $263,000.

McKenzie, who pleaded guilty and cooperated with the government, was sentenced to 4 months in prison and 3 years of supervised release.

Benjamin G. Greenberg, United States Attorney for the Southern District of Florida; Robert F. Lasky, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office; and Edwin Bonano, Special Agent in Charge, Tampa, Florida, Federal Housing Finance Agency, Office of Inspector General (FHFA-OIG) made the announcement.

Mr. Greenberg commended the investigative efforts of the FBI and FHFA-OIG in this matter.  This case was prosecuted by Special Assistant U.S. Attorney Joseph A. Capone and Assistant U.S. Attorney Daniel E. Funk.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

 

Lori Lynn Andrew, 49, Cashmere, Washington, the owner of Hartman Escrow, Inc., a real estate escrow firm was sentenced today to 24 months in prison for bank fraud.

Andrew stole more than $2.1 million through a variety of techniques, including making false entries in escrow closing documents, altering accounting records, and depositing checks into the general account instead of the trust account.

According to records in the case, beginning in about January 2011, and continuing until July 2012, Andrew used a variety of means to defraud financial institutions and individual home buyers and sellers who were involved in various real estate transactions.  Andrew made, or had others make, false settlement statements on closing transactions listing false or inflated fees and charges.  Andrew forged signatures on various statements and created false invoices, statements, and bills; she altered and deposited checks to her company account that should have gone to others; and she took client funds from her trust account and transferred them to her personal account for her own use.  Andrew used the money for casino payments, credit card bills, and other personal expenses.  Andrew defrauded individual customers, as well as Bank of America, Wells Fargo, Citi Bank, Chase, and GMAC.  http://www.mortgagefraudblog.com/?s=Lori+Lynn+Andrew

In all Andrew defrauded the financial institutions and other customers of $2.185 million.  In July 2012, the Washington State Department of Financial Institutions arranged for a receiver to take over the Tukwila, Washington, escrow company after finding evidence of fraud.  Andrew had her license to act as an escrow agent suspended in 2013, and her license has since been revoked. The receiver was able to recover some funds for unsecured claimants, but just over $1 million is still owed to defrauded clients.

U.S. Attorney Annette L. Hayes made the announcement.

This defendant chose to victimize people when they were buying or selling a home–often the most important financial transaction of their lives,” said U.S. Attorney Annette L. Hayes.  “Like all real estate escrow agents, the defendant was responsible for ensuring large amounts of money went where they belonged.  When she decided to line her own pockets rather than do her job, she crossed the line and earned the prison sentence that the court imposed today.”

At the sentencing hearing, U.S. District Judge Richard A. Jones said, “Every single time you had an opportunity to change your mind and say ‘this is wrong,’ you kept doing it.

The case was investigated by the Washington State Department of Financial Institutions, the FBI, the Postal Inspection Service (USPIS), and the Housing and Urban Development Office of Inspector General (HUD-OIG).

The case is being prosecuted by Special Assistant United States Attorney Hugo Torres. Mr. Torres is a King County Senior Deputy Prosecutor specially designated to prosecute financial fraud cases in federal court.

 

Mary Sue Weaver, 65, Scottsdale, Arizona and formerly of Lincoln, California, was sentenced today to four years and two months in prison and ordered to pay $15,387,945 in restitution for her participation in a $22 million fraud scheme.

On December 15, 2017, Weaver pleaded guilty to one count of wire fraud and one count of bank fraud.  On June 1, 2018, co-defendant Abolghasseni “Abe” Alizadeh, 59, Granite Bay, California, was sentenced to four years and eight months in prison and ordered to pay $15,879,945 in restitution to the victims of his crimes.

According to court documents, Weaver was employed at a local title company and assisted Alizadeh, a Sacramento area commercial real estate developer, restaurateur and owner of Kobra Properties, in a scheme to fraudulently purchase land that he planned to develop.  http://www.mortgagefraudblog.com/?s=Abolghasseni+%E2%80%9CAbe%E2%80%9D+Alizadeh Alizadeh would write checks for the down payment on a commercial property, but because he lacked funds to cover the checks, he would call Weaver and ask her to delay depositing the checks until after escrow closed. Once escrow closed, Weaver disbursed funds from the title company’s escrow trust account to Kobra Properties. Kobra Properties then used those funds to cover its down payment and other costs. In this way, it appeared as though Alizadeh was making a substantial down payment when in fact he was not. Alizadeh’s entire scheme, involving no fewer than six properties in the Sacramento area, resulted in a loss to various financial institutions of over $22 million.

U.S. Attorney McGregor W. Scott made the announcement.

This case was the product of an investigation by the Federal Bureau of Investigation, the IRS Criminal Investigation, and the Federal Deposit Insurance Corporation, Office of Inspector General. Assistant U.S. Attorneys Michael D. Anderson and Heiko P. Coppola are prosecuting the case.

Louis Marandola, 42, Providence, Rhode Island, a Former Real Estate Attorney, and Brian R. McCaffrey, 38, Warwick, Rhode Island, a former licensed loan originator, have been sentenced to federal prison for their participation in a scheme to obtain money they were not entitled to from financial institutions and individuals through mortgage loans, residential property sales and fees.

Marandola was sentenced to 48 months in federal prison to be followed by 3 years supervised release. On January 13, 2017, Marandola pleaded guilty to conspiracy to commit bank fraud and aggravated identity theft.

McCaffrey was sentenced to 18 months in federal prison, to be followed by 3 years supervised release. McCaffrey pleaded guilty on January 27, 2017, to conspiracy to commit bank fraud and bank fraud.

Two co-defendants in this matter, Raffaele M. Marziale, 41, Bristol, Rhode Island, a former loan officer who pleaded guilty on February 29, 2016, to conspiracy to commit bank fraud, bank fraud, and aggravated identity theft; and Edwin Rodriguez, 35, Pawtucket, a real estate investor who pleaded guilty on June 1, 2016, to conspiracy to commit bank fraud, bank fraud, aggravated identity theft and tampering with a witness, are awaiting sentencing.

Gina Ronci Mohamed, 46, Lincoln, Rhode Island, was sentenced on April 25, 2017, to two years probation. Ms. Ronci pleaded guilty on April 22, 2016, to making a false statement to HUD. Lauren Sienko, 35, of Rehoboth, Massachusetts., was sentenced on April 3, 2017, to two years probation. Ms. Sienko pleaded guilty on January 6, 2017, to making a false statement to HUD.

According to court documents and information presented to the court, an investigation by the United States Attorney’s Office, HUD-OIG, U.S. Secret Service and Rhode Island State Police determined that between 2007 and 2014, the defendants conspired to execute a scheme which caused prospective homebuyers to obtain mortgages from financial institutions based upon materially false loan applications and fraudulent supporting documentation. As part of the conspiracy, false representations were made in order to obtain fees to which the defendants were not entitled or to make a profit selling property in which they had an ownership interest. In some instances, thousands of dollars were fraudulently obtained by misrepresenting on a HUD form the amount of funds due or to be paid to one of the parties involved in a transaction.

In numerous instances, the defendants concealed their involvement in the scheme by conducting business under the names of several different entities and individuals. At times, the defendants used stolen identities to further the fraud and to conceal their connection to the real estate transactions.

The sentences, imposed by U.S. District Court Judge John J. McConnell, Jr., are announced by Acting United States Attorney Stephen G. Dambruch; Christina D. Scaringi, Special Agent in Charge of the Northeast Region of the U.S. Department of Housing and Urban Development Office of Inspector General (HUD-OIG); Brian Deck, Resident Agent in Charge of the Providence Office of the U.S. Secret Service; and Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police.

The cases are being prosecuted by Assistant U.S. Attorneys Sandra R. Hebert and William J. Ferland.

 

 

Kimberlee E. Himmell, 62, Massillon, Ohio, is alleged to have defrauded financial institutions out of more than $2 million by having escrow funds on home purchases deposited into her personal account.  Himmell was charged with 18 counts of bank fraud and one count of theft of government funds.

Himmell owned and operated Netwide Title Agency, Inc., located at 3711 Lincoln Way East, Massillon, Ohio. General Title Insurance Company, located in Cleveland, Ohio, was Netwide’s underwriter and responsible for auditing Netwide, according to the information.

Netwide, at the direction of Himmell, began in 2007 instructing all lenders doing business with Netwide as a title agency and utilizing its escrow services to wire all incoming lending proceeds to Himmell’s personal account, instead of Netwide’s corporate account, according to the criminal information filed in the case.

Himmell then used the deposited funds for her own personal use and for Netwide’s operational expenses without disclosing to lenders that she was not holding the funds in escrow, as she represented she would, according to the information.

Himmell closed at least 19 real estate transactions in 2013 and 2014 wherein Netwide received escrow funds and failed to pay or release the funds to the prior owner’s pre-existing mortgage. This causes financial losses to lenders and/or sellers of homes in Richmond Heights, North Canton, Willowick, Concord, Strongsville, Newbury, Brunswick, Wadsworth, Medina, Painesville, Parma, Akron, Twinsburg, Brecksville and Millersburg, Ohio according to the information.

Netwide’s underwriter, General Title, was contractually obligated to make lenders whole. The loss to General Title as a result of Himmell’s conduct was at least $2,111,014, according to the information.

The case was announced by Acting U.S. Attorney David A. Sierleja. The case is being prosecuted by Assistant U.S. Attorney Mark S. Bennett following an investigation by the U.S. Department of Housing and Urban Development – Office of Inspector General, the Federal Housing Finance Agency – Office of Inspector General and the Federal Bureau of Investigation.

Cristina Montijo was the subject of a complaint and arrest warrant issued in the Southern District of New York on charges of conspiracy to commit wire fraud and bank fraud, wire fraud and bank fraud in connection with fraudulent emails.  She was arrested in the Southern District of California.

According to the complaint, sworn to by a Detective with the New York City Police Department for the purpose of demonstrating probable cause for the issuance of the arrest warrant, on or about June 21, 2016 Victim-1 who was in the process of purchasing a home, received an email that purported to be from Victim-1’s attorney.  The fraudulent email instructed Victim-1 to wire $190,000 to a bank account at a San Diego Credit Union to be held in escrow for the home purchase.  A copy of the residential purchase contract for the property that Victim-1 was purchasing was included in the email. Victim-1 wired the money and then called the real estate attorney to confirm receipt of the wire and was told that the attorney had not requested the wire.  Victim-1 realized that the email address on the email received differed from the real estate attorney’s true email address by one character.  Victim-1 recalled the wire.

Victim-1 later received another email from the incorrect email address.  The new fraudulent email supplied an additional bank account number for Victim-1 to deposit funds into because the prior wire of funds had not been received.

According to the complaint, based on review of bank records, the detective learned that the bank account number in the first fraudulent email to Victim-1 was registered to Montijo.  The account was opened about June 16, 2016 and closed about June 23, 2016 due to suspected fraud.

The complaint also states that in or about November 3, 2015, Victim-2, an individual in Tennessee, received a fraudulent email purportedly from Victim-2’s real estate agent directing Victim-2 to wire approximately $181,000 to a bank account.  Victim-2 later realized the email address was different by one character from that of the actual real estate agent.  Victim-2 became suspicious and, after contacting the real estate agent, did not wire the funds. That account was also registered to Montijo and was opened about October 3, 2015.

On about November 24, 2015, Victim-3, an individual in Hawaii, received emails purportedly from Victim-3’s escrow officer and real estate agent but which were different from the actual email addresses by one character.  Based on the directives in these fraudulent emails, Victim-3 wired approximately $331,000 to a bank account. That bank account, opened on November 13, 2015, was registered to Fountain Co-Cooperative LLC and was closed December 10, 2015 due to suspected fraud. Montijo was the sold registered agent of Fountain Co-Cooperative, LLC and was registered to an address on Chamoune Avenue in San Diego at which Montijo resided since at least 1993. In November 2015, Montijo wired approximately $181,500 from that account to an account in Malaysia and approximately $118,200 to an account in South Africa.

In about April 2016, Victim-4, an individual in San Francisco, California, received a fraudulent email purporting to be from the real estate agent involved in a real estate transaction for Victim-4 and instructing Victim-4 to wire approximately $127,791 to be held in escrow in an identified bank account.  Victim-4 wired the funds and later discovered the email address was one character different from that of the real estate agent. That bank account was opened about March 31, 2016 and closed April 5, 2016 and was registered to Fountain Co-Cooperative, LLC.

On about April 28, 2016, Victim-5 received a fraudulent email purportedly from Victim-5’s attorney. Victim-5 later learned the attorney’s email account had been compromised or hacked.  At the direction of the fraudulent emails, one of which referenced the sender’s “account secretary Christina Montijo who is a trustee to the trust account” (the fraudulent emails were later traced to an originating IP address in South Africa), Victim-5 wired approximately $250,000 to a bank account. That bank account, opened about March 31, 2016 and closed about May 6 due to fraudulent activity, was registered to Montijo and Fountain Co-Cooperative LLC.   On about May 4, 2016, Montijo attempted to wire funds to another bank account that was jointly registered to Montijo and Albert Montijo (believed to be the name of Montijo’s deceased husband.)   Montijo was informed by bank employees that the wire was potentially fraudulent and Montijo claimed that she had been owed the funds from Victim-5 from a real estate transaction from several years prior and that she had business partners abroad.

On about June 30, 2016, Victim-6, an individual in the Southern District of New York, received a fraudulent email purportedly from Victim-6’s attorney, later learning the attorney’s emails had been compromised or hacked.  Victim-6 wired approximately $240,000 to a bank account, again registered to Fountain Co-Cooperative, LLC. Montijo attempted to wire a portion of these funds to an entity called “Refunds LLC” purportedly for a “refund owed” but actually sent to an account in the name of “Reofunds LLC.”

Montijo registered a company called “All Cover LLC” in the state of California for the purpose of “buying/selling real estate” On about July 14, 2016, Montijo attempted to cash four checks made out to All Cover totaling approximately $46,500.  From discussions with representatives of the three companies that issued the checks, the detective states that he learned that the checks were fraudulent and not written out to All Cover.  The indictment details additional allegedly fraudulent checks that Montijo attempted to cash and which were made out to herself, Fountain Co-Cooperative LLC and a person believe to be Montijo’s mother-in-law.

George Kalivretenos, 59, Miami Beach, Florida, was sentenced to 84 months in prison for a wire fraud and money laundering scheme in which he defrauded borrowers of approximately $5.6 million. Kalivretenos was also ordered to pay $4.18 million in restitution as part of his sentence.

Kalivrentenos pleaded guilty on August 13, 2015. According to court documents, Kalivretenos operated and controlled Jasmine Capital and Jasmine Resources Capital Group, which were lending entities. He also owned and controlled two escrow companies, Escrow Services, LLC, and Escrow Title Services, LLC. Kalivretenos promised to lend companies and individuals millions of dollars after they sent a deposit of 10 percent of the loan amount to a third party escrow company. However, Kalivretenos concealed his control over the escrow company from borrowers. Once the escrow company received the borrowers’ deposits, Kalivretenos spent borrowers’ funds on personal expenses, including two Rolls Royces, a penthouse condominium rented at $18,000 per month, and hotel stays at the Ritz Carlton and Crowne Plaza. He also transferred substantial funds to overseas accounts. Continue Reading…