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Brothers Charged for Alleged Bank Fraud in the Purchase & Sale of Two Properties

Stephanie Abbott —  March 23, 2022 — Leave a comment

Philip Abramowitz, 50, Pikesville, Maryland, has been charged with bank fraud and conspiracy to commit bank fraud and Calvin Abramowitz, 48, Lakewood, New Jersey, has been charges with conspiracy to commit bank fraud, bank fraud, and for making false statements on a loan application.

According to the four-count indictment, from May 2016 to April 2017, Philip and Calvin Abramowitz conspired to defraud two financial institutions to obtain money and property under fraudulent pretenses.  Allegedly, Philip, Calvin Abramowitz, as well as others submitted mortgage applications totaling $535,448 to fund the purchase of two Baltimore, Maryland properties.  Allegedly, the loan applications contained false information that misrepresented the financing of the purchases and the ownership interests and intentions of the involved parties.

As alleged in the indictment, Philip Abramowitz instructed family members to apply for and receive Federal Housing Administration loans in their names in order to finance the purchase of two of his Baltimore properties.  Further, the indictment alleges that Philip and Calvin Abramowitz concealed Philip Abramowitz’s involvement in the real estate transactions and submitted false bank records and company filings during the loan application process to conceal the buyers’ and sellers’ familial relation.

Further, the indictment alleges that Philip Abramowitz falsified LLC records to create the illusion that his property manager was the sole owner of the selling entity in both property transactions and instructed his property manager to sign all closing documents as the “seller” to finalize the sales and the disbursement of loan proceeds.  In addition, the indictment alleges that Philip Abramowitz provided funds to Calvin Abramowitz to cover Calvin Abramowitz’s and another family members closing costs for both properties.

If convicted, Philip Abramowitz faces a maximum sentence of 30 years in federal prison for bank fraud and 30 years in federal prison for conspiracy to commit bank fraud.  If convicted, Calvin Abramowitz faces a maximum sentence of 30 years for bank fraud, a maximum of 30 years for conspiracy to commit bank fraud, and 30 in federal prison for making false statements on a loan application.  Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

The defendants will have initial appearances on March 24, 2022, beginning at 1:30 p.m., in U.S. District Court in Baltimore before U.S. Magistrate Judge Coulson.

The indictment was announced by United States Attorney for the District of Maryland Erek L. Barron and Special Agent in Charge Shawn Rice of the U.S. Department of Housing and Urban Development Office of Inspector General.

 

An indictment is not a finding of guilt.  An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.

United States Attorney Erek L. Barron commended HUD-OIG for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorney Martin Clarke, who is prosecuting the federal case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https:

 

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Two Charged with Defrauding HUD Program

Stephanie Abbott —  October 21, 2021 — Leave a comment

J. Reed Pirain, 45, and Renee Vasilko, 48, Upper St. Clair, Pennsylvania, have been indicted by a federal grand jury in Pittsburgh, on conspiracy and fraud charges.

According to the Indictment, from in and around February 2018, until in and around March 2019, Pirain and Vasilko knowingly and willfully conspired to defraud the Department of Housing and Urban Development and falsified statements by bidding on and purchasing property as intended homeowners, only to renovate and the sell the property for profit.

More specifically, the Department of Housing and Urban Development’s Single Family Property Disposition Program allows individuals to purchase a home from HUD after a Federal Housing Administration loan forecloses. The program is designed to encourage ownership by families who intend to reside in the homes as owner/occupants by allowing those families to bid on the foreclosed properties before the process is opened up to real estate investors who merely intend to profit, short-term, by “flipping” the houses. Here, as alleged, Pirain and Vasilko, in an effort to jump the line ahead of other real estate investors, falsely certified on bidding forms that Vasilko intended to occupy the home as an owner/occupant, when, in fact, Pirain and Vasilko intended to flip the home for profit. This unlawful abuse of the Single Family Property Disposition program has two effects that frustrate the program’s purpose: first, it can allow real estate investors to potentially outbid families who otherwise would purchase the home and reside in the community and, second, it allows real estate investors to jump the line and bid on foreclosed homes before other investors are eligible.

The law provides for a term of imprisonment of not more than five years in prison, a fine not greater than $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Acting United States Attorney Stephen R. Kaufman made the announcement today.

Assistant United States Attorney Benjamin J. Risacher is prosecuting this case on behalf of the government.

The Department of Housing and Urban Development-Office of the Inspector General conducted the investigation leading to the Indictment in this case.

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

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Trio Sentenced in Bank Fraud of Troubled Asset Relief Program (TARP)

Stephanie Abbott —  July 23, 2021 — Leave a comment

Marvette Thompson Easterling, of Gaffney, South Carolina; Keylon Wright, 40, Simpsonville, South Carolina; and Joshua David Armato, 37, Georgia, today admitted that they knowingly defrauded a program established to help homeowners at risk of mortgage loan default and foreclosure of thousands of dollars. The three pleading guilty to bank fraud charges that defrauded the federal government’s Troubled Asset Relief Program (TARP).

Evidence presented in court showed that through false and fraudulent pretenses, representations, and promises, Easterling obtained funds from SC Housing, a federally funded mortgage payment assistance program that provided eligible homeowners with temporary mortgage assistance so that they could avoid foreclosure and stay in their homes. Easterling concealed and failed to notify SC Housing of monthly rental income she received for the property as well as the  nonowner-occupied status of the property in order to receive and use federal funds to which she was not eligible.

Additional evidence presented in court further showed that Wright executed a similar scheme for a property in Mauldin, South Carolina while Armato executed a similar scheme for a property in Simpsonville, South Carolina. Wright and Armato concealed and failed to notify SC Housing of the non-owner occupied statuses of their properties and the rental of the properties to unrelated third parties in order to receive and use federal funds to which they were not eligible.

U.S. District Judge Bruce Howe Hendricks ordered each defendant to a sentence of time served followed by five years of supervised release and the repayment of the stolen funds for the felony charges.

Acting United States Attorney M. Rhett DeHart made the announcement.

“With today’s sentencing, SIGTARP and the United States Attorney’s Office have brought justice for defendants who defraud and steal from the Hardest Hit Fund, a federal program that helps unemployed homeowners stay in their home,” said Special Inspector General Christy Goldsmith Romero. “Easterling, Wright, and Armato separately lied to get thousands of federal dollars for mortgage assistance, concealing that they did not live in the house and concealing rental income. Now they are convicted of fraud and must repay the stolen funds.”

“Stealing from the federal government, particularly from programs that help the least fortunate in America, will not be tolerated,” said Acting U.S. Attorney DeHart. “Our office appreciates the investigative work of the Special Inspector General for TARP (SIGTARP) and will continue to  work with SIGTARP to protect American tax dollars.”

The cases were investigated by SIGTARP, as an independent law enforcement agency used to investigate fraud, waste, and abuse related to the TARP bailout.

Assistant United States Attorney Winston Marosek prosecuted the cases.

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Three Sentenced in Troubled Asset Relief Program Scheme

Stephanie Abbott —  July 23, 2021 — Leave a comment

Marvette Thompson Easterling, 54, Gaffney, South Carolina; Keylon Wright, 40, Simpsonville, South Carolina; and Joshua David Armato, 37, Georgia today admitted that they knowingly defrauded a program established to help homeowners at risk of mortgage loan default and foreclosure of thousands of dollars in a scheme that defrauded the federal government’s Troubled Asset Relief Program (TARP).

Evidence presented in court showed that through false and fraudulent pretenses, representations, and promises, Easterling obtained funds from SC Housing, a federally funded mortgage payment assistance program that provided eligible homeowners with temporary mortgage assistance so that they could avoid foreclosure and stay in their homes.  Easterling concealed and failed to notify SC Housing of monthly rental income she received for the property as well as the non-owner-occupied status of the property in order to receive and use federal funds to which she was not eligible.

Additional evidence presented in court further showed that Wright executed a similar scheme for a property in Mauldin, South Carolina, while Armato executed a similar scheme for a property in Simpsonville, South Carolina.  Wright and Armato concealed and failed to notify SC Housing of the non-owner occupied statuses of their properties and the rental of the properties to unrelated third parties in order to receive and use federal funds to which they were not eligible.

Acting United States Attorney M. Rhett DeHart made the announcement.

U.S. District Judge Bruce Howe Hendricks ordered each defendant to a sentence of time served followed by five years of supervised release and the repayment of the stolen funds for the felony charges.

“With today’s sentencing, SIGTARP and the United States Attorney’s Office have brought justice for defendants who defraud and steal from the Hardest Hit Fund, a federal program that helps unemployed homeowners stay in their home,” said Special Inspector General Christy Goldsmith Romero.  “Easterling, Wright, and Armato separately lied to get thousands of federal dollars for mortgage assistance, concealing that they did not live in the house and concealing rental income.  Now they are convicted of fraud and must repay the stolen funds.”

“Stealing from the federal government, particularly from programs that help the least fortunate in America, will not be tolerated,” said Acting U.S. Attorney DeHart.  “Our office appreciates the investigative work of the Special Inspector General for TARP (SIGTARP) and will continue to work with SIGTARP to protect American tax dollars.”

The cases were investigated by SIGTARP, as an independent law enforcement agency used to investigate fraud, waste, and abuse related to the TARP bailout.

Assistant United States Attorney Winston Marosek prosecuted the cases.

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Former Sheriff’s Officer Charged in Connection with Fraudulent Short Sale

Stephanie Abbott —  July 21, 2021 — Leave a comment

Osbado Hernandez, 52, Avenel, New Jersey, a former Hudson County Sheriff’s officer, was charged for making false statements to a bank in connection with an application to discharge a mortgage through a fraudulent short sale.

According to documents filed in this case and statements made in court:

From September 2015 to Dec. 30, 2015, in order to induce a bank to discharge a mortgage on a property in Keansburg, New Jersey, Hernandez made false statements in connection with a fraudulent short sale of the property, including that he did not have any money to apply toward his mortgage delinquency and that he intended to vacate the property following the short sale. Hernandez fraudulently withheld information regarding the availability of funds in a savings account he failed to disclose to the bank. Hernandez also signed a sworn affidavit that he would not stay in the property for more than 90 days following the short sale, even though he intended to, and did, continue living at the property. As a result of the fraudulent short sale, the bank discharged over $98,000 of debt against Hernandez.

The false statements charge is punishable by a maximum potential penalty of 30 years in prison and a maximum fine of up to $1 million.

Hernandez appeared this afternoon via videoconference before U.S. Magistrate Judge Jessica S. Allen in Newark federal court and was released on $100,000 unsecured bond.

Acting U.S. Attorney Rachael A. Honig made the announcement.

Acting U.S. Attorney Honig credited special agents with the U.S. Attorney’s Office, under the direction of Special Agent in Charge Thomas Mahoney, and special agents with IRS – Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez, with the investigation leading to the charge.

The government is represented by Assistant U.S. Attorney Elaine K. Lou of the Special Prosecutions Division in Newark.

The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

 

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Husband and Wife Indicted in Alleged Mortgage Fraud Scheme

Stephanie Abbott —  June 23, 2021 — Leave a comment

Marco Lurigio, also known as “Demetrio Cardone,” 45 and Sandy Lurigio, also known as “Janette Chavez,” 39, Downers Grove, Illinois,  a husband and his wife, have been charged in federal court in Chicago with participating in a mortgage fraud scheme that defrauded financial institutions out of at least $2.5 million.

The Lurigio’s owned several Illinois-based companies, including S&G Technologies Inc., O.C. Management Group Inc., Riverview Financial Inc., and Toro Management, Inc.  According to the indictment, the Lurigios recruited buyers to fraudulently obtain mortgage loans for properties on Chicago’s South Side by making and causing to be made materially false representations in documents submitted to financial institutions.  The false representations included documents and statements regarding, among other things, the buyers’ employment, income, assets, source of down payment, and intention to occupy the property as a primary residence, the indictment states.  In some instances, the Lurigios fraudulently claimed to lenders that the buyers were employed by one of the Lurigios’ companies, even though they knew that was untrue, the indictment states.  The alleged fraud scheme lasted from 2011 to 2014, the indictment states.

The indictment was returned Tuesday in U.S. District Court in Chicago.  It charges Marco Lurigio, and Sandy Lurigio with eight counts of financial institution fraud.  Arraignments have not yet been scheduled.

The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Michael Powell, Special Agent-in-Charge of the Chicago office of the U.S. Department of Housing and Urban Development, Office of Inspector General.  The government is represented by Assistant U.S. Attorneys Jason Yonan and Alejandro Ortega.

The public is reminded that an indictment is not evidence of guilt.  The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.  Each count of financial institution fraud is punishable by up to 30 years in federal prison.  If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.

 

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Businessman Sentenced for Bank Fraud

Stephanie Abbott —  March 22, 2021 — Leave a comment

David Daughtrey, 60, El Cajon, California was sentenced in federal court today on charges of bank fraud and tax evasion.

In July 2020, Daughtrey pleaded guilty to one count of conspiracy to commit bank fraud and tax fraud, and one count of filing a false tax return. Daughtrey’s illegal conduct spanned for a decade, from 2006 until 2016. For several years, Daughtrey evaded income tax by under-reporting his income and orchestrated an illegal scheme to fraudulently obtain a mortgage for his $1.8 million residence using a third party.  The total tax loss to the United States in this case was $1,053,989.63.

According to court documents, from July 2006 until April 2016, Daughtrey conspired with others to commit the crimes to which he pleaded guilty. As part of the bank fraud scheme, Daughtrey directed another individual to submit a mortgage application to a national bank to purchase a $1.8 million five-bedroom residence, and to falsely claim that the funds used as down payment belonged to, and the residence would be used by, the third party.

In reality, Daughtrey provided the funds and the home was intended to be Daughtrey’s primary residence. Daughtrey made monthly mortgage payments of approximately $8,000 for his residence but continued to represent to the bank that the third party owned the house. Daughtrey later submitted a false hardship letter on behalf of the third party in an effort to modify the terms of the loan on the home.

Over several years, Daughtrey conspired to commit tax evasion by filing tax returns listing substantially less income than Daughtrey actually earned.  Daughtrey’s tax return for the year 2012, for example, omitted at least $498,612 in income.  Daughtrey failed to report his total income in tax years 2013, 2014, and 2015, and did not file timely tax returns for subsequent years.  Daughtrey agreed to pay $1,053,989.63 in restitution to the IRS, which includes the total tax loss plus penalties and interest.

Daughtrey was sentenced to 18 months in custody and ordered to pay restitution of $1,519,590.63.

“The defendant abused our tax and banking systems for his own financial benefit, and the victims of that crime are ethical taxpayers and bank customers,” said Acting U.S. Attorney Randy Grossman. “Today’s sentence will hopefully remind others that there is a high price to pay for such deception.” Grossman thanked prosecutor Oleksandra Johnson and agents from the IRS and FBI for their excellent work on this case.

“While Mr. Daughtrey achieved business success, he failed in his obligations as an American by lying to our banks and cheating the government,” said Special Agent in Charge Ryan L. Korner, IRS Criminal Investigation. “Today’s sentencing shows that we will hold accountable those who deceive and exploit our people and financial institutions because of their greed.”

“The FBI and our partners at the IRS uncovered David Daughtrey’s mortgage fraud and tax evasion scheme using our team’s financial and fraud expertise,” said FBI Special Agent in Charge Suzanne Turner.  “Today’s sentencing serves as a warning to those who attempt to personally gain by deliberately cheating the government and the integrity of the banking system through financial fraud.  Our team of fraud experts will bring justice in these white-collar cases.”

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Man Charged with Defrauding Mortgage Assistance Program

Stephanie Abbott —  October 23, 2020 — Leave a comment

Mohammad Shabazz Khan, Bourbannais, Illinois was indicted yesterday on four counts of making false claims to obtain federal mortgage assistance funds from the Troubled Asset Relief Program’s billion-dollar component Hardest Hit Fund (HHF), which was provided to Indiana’s housing finance agency to help unemployed and underemployed homeowners stay in their homes. The indictment alleges the defendant took assistance but did not live in his home.

Khan received $29,926.46 in mortgage assistance to which he was not entitled.

The Hardest Hit Fund was meant to help Indiana families stay in their homes in the aftermath of the 2008 economic crisis. The Hardest Hit Fund program in Indiana is administered by the Indiana Housing and Community Development Authority. In order to receive this mortgage assistance, an applicant was required to be an Indiana homeowner; own only one home; and reside in that home.

If convicted, any specific sentence to be imposed will be determined by the Judge after a consideration of federal statutes and the Federal Sentencing Guidelines.

This case was investigated by the U.S. Department of Treasury’s Office of Special Inspector General for the Troubled Asset Relief Program (SIGTARP). This case is being prosecuted by Assistant United States Attorney Molly Kelley. SIGTARP was created as an independent law enforcement agency to investigate fraud, waste, and abuse related to the TARP bailout. To date, SIGTARP investigations have resulted in the recovery of over $11.2 billion, 389 criminal convictions and 305 defendants sentenced to prison.

The United States Attorney’s Office emphasizes that an Indictment is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.

United States Attorney Thomas L. Kirsch II, made the announcement.

“I commend the Office of the U.S. Attorney for the Northern District of Indiana for standing with SIGTARP to combat fraud against homeownership preservation programs,” said Christy Goldsmith Romero, Special Inspector General.

To report a suspected crime related to TARP, call SIGTARP’s Crime Tip Hotline: 1-877-SIG-2009 (1-877-744-2009). To receive alerts about reports, audits, media releases, and other SIGTARP news, sign up at www.SIGTARP.gov/pages/press.aspx. Follow SIGTARP on Twitter @SIGTARP.

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Man Charged with Defrauding a Mortgage Assistance Program

Stephanie Abbott —  October 22, 2020 — Leave a comment

Mohammed Shahbaz Khan, 45, Bourbonnais, Illinois was indicted for making false claims in connection with his receipt of money from the Hardest Hit Fund, a federal mortgage assistance initiative offered by the U.S. Treasury Department’s Troubled Asset Relief Program.

According to the indictment, the purpose of the Hardest Hit Fund was to help stabilize communities in states, like Indiana, that were “hardest hit” by the 2008 economic and housing market downturn.  The Hardest Hit Fund program in Indiana is administered by the Indiana Housing and Community Development Authority.  In order to receive this mortgage assistance, an applicant was required to be an Indiana homeowner; own only one home; and reside in that home.

The indictment alleges that Khan knowingly submitted false statements about his residency in order to obtain Hardest Hit Fund mortgage assistance on an Indiana property, while living elsewhere.  Over 18-months, Khan allegedly received $29,926.46 in mortgage assistance, to which he was not entitled.

U.S. Attorney Kirsch made the announcement.

“Today, an Illinois man was charged with defrauding a long-term federal economic stability program, intended to help people stay in their homes, knowing that he did not qualify,” said Christy Goldsmith Romero, Special Inspector General of the U.S. Treasury Department’s Troubled Asset Program (SIGTARP).  “We commend the Office of the U.S. Attorney for the Northern District of Indiana for standing with SIGTARP to combat fraud against homeownership preservation programs.”

The United States Attorney’s Office emphasizes that an Indictment is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.

If convicted, any specific sentence to be imposed will be determined by the Judge after a consideration of federal statutes and the Federal Sentencing Guidelines.

This case was investigated by the U.S. Department of Treasury’s Office of Special Inspector General for the Troubled Asset Relief Program (SIGTARP).  This case is being prosecuted by Assistant United States Attorney Molly Kelley.

 

 

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Businessman Pleads Guilty to Mortgage Fraud

Stephanie Abbott —  July 22, 2020 — 1 Comment

David Daughtrey, 60, El Cajon, California, pleaded guilty in federal court today to bank fraud and tax evasion charges, admitting that over the course of several years he evaded taxes by failing to report $498,612 of income to the IRS, and also orchestrated an illegal scheme to fraudulently obtain a mortgage for his $1.8 million residence using a third party.

Daughtrey admitted that from July 2006 until April 2016, he conspired with others to commit bank fraud and tax evasion. As part of the bank fraud scheme, Daughtrey directed another individual to submit a mortgage application to Wells Fargo to purchase a $1.8 million five-bedroom residence, and to falsely claim that the funds used as down payment belonged to the third party and the residence would be used by the third party.  In reality, Daughtrey provided the funds, and the home was intended to be Daughtrey’s primary residence. Daughtrey made monthly mortgage payments of approximately $8,000 for his residence, but continued to represent to the bank that the third party owned the house.  Daughtrey later submitted a false hardship letter on behalf of the third party in an effort to get the bank to modify the terms of the loan on the home.  As part of the plea agreement, Daughtrey admitted he was the true owner of the residence at all relevant times, and promised to make a good faith effort to transfer the legal ownership of the home into his own name.

Daughtrey also admitted as part his plea that over several years, he and his spouse (who is not charged in the case) conspired to commit tax evasion by filing tax returns listing substantially less income than Daughtrey actually earned.  Daughtrey’s tax return for the year 2012 omitted at least $498,612 in income.  Daughtrey failed to report his total income in tax years 2013, 2014, and 2015, and did not file timely tax returns for subsequent years.  According to the plea agreement, the resulting tax loss to the IRS for the years 2012-2014 was $456,536.   Daughtrey agreed to pay $1,016,457.91 in restitution to the IRS, which includes the total tax loss plus penalties and interest.

As part of his plea agreement, David Daughtrey also agreed to pay over $1 million in restitution to the Internal Revenue Service. He is scheduled to be sentenced on November 16, 2020, before U.S. District Judge Larry A. Burns.

“People who cheat on their taxes are cheating all other law-abiding tax payers,” said U.S. Attorney Robert Brewer. “Mr. Daughtrey blatantly disregarded his tax obligations for years.  The defendant not only abused the tax system for his own financial benefit, but conspired to commit bank fraud in order to maintain this lifestyle.” Brewer commended the excellent work of prosecutor Oleksandra Johnson and FBI and IRS agents.

“The FBI is dedicated to ensuring that white collar crimes are uncovered and prosecuted,” stated FBI Acting Special Agent in Charge Omer Meisel. “Today, David Daughtrey has admitted to mortgage fraud and tax evasion.  This case illustrates that the FBI will continue to investigate those individuals that engage in fraudulent financial schemes that cause harm to our banking industry and defraud the government of tax revenue.”

“Our Nation’s tax system funds critical infrastructures and vital programs, including supporting our citizens and small businesses during the ongoing pandemic,” Ryan L. Korner, Special Agent in Charge, IRS Criminal Investigation. “Honest Americans’ compliance with the tax laws is imperative. Rather than pay his fair share, David Daughtrey chose to live lavishly, while intentionally failing to report his true income and evading the payment of over $400,000 in taxes.  Today’s guilty plea demonstrates that the IRS will diligently continue our important enforcement efforts despite the ongoing challenges posed by Covid-19.  We will work alongside our law enforcement partners in a collective effort to enforce the law and ensure the public trust.”

SUMMARY OF CHARGES

Conspiracy to Commit Bank Fraud and Tax Evasion, 18 U.S.C. § 371 (count 1); and

Making a False Tax Return, 26 U.S.C. § 7206(1) (count 2).

Maximum penalty:

Five years’ imprisonment and $250,000 fine (count 1)

Three years’ imprisonment and a maximum fine of $250,000 or twice the gross gain or gross loss resulting from the offense, whichever is greatest (count 2)

AGENCY

Federal Bureau of Investigation

Internal Revenue Service

 

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