Archives For Washington

Edwin Josue Herrera Rosales aka “Josh Herrera,” 34, Washington pleaded guilty today to a conspiracy to defraud approximately 1,000 distressed homeowners facing foreclosure.  Herrera Rosales pleaded guilty to one count of conspiracy to commit wire fraud in connection with his operation of call centers that operated under the names “Sound Solutions Group,” “Community Assistance Center,” and California-based “Sienna Support Network.”

Herrera Rosales and his co-conspirators sent solicitation mailers to distressed homeowners nationwide.  The mailers promised that Herrera Rosales’ organization could reduce homeowners’ mortgage debts and lower their monthly payments.  When homeowners called the call center, operators put the callers through a phony “underwriting” process and then told the callers that the company’s legal and underwriting staff had determined it could negotiate a favorable mortgage modification in exchange for an upfront fee of $3,000.  In fact, the call center had no legal or underwriting staff, and many of the homeowners did not receive the promised modifications.

According to records filed in the case, Herrera Rosales conspired with others based in Southern California to operate the scheme.  Each week the operation sent approximately 4,000 mailers to distressed homeowners across the country.  The mailers stated that that the homeowner had been “pre-approved” for a new government program, under which Herrera Rosales’s organization could negotiate a mortgage modification.  For example, one mailer said that Herrera Rosales’s organization could reduce a borrower’s loan balance by over $140,000 and could reduce the interest rate to 2%.  The mailers urged the homeowners to call the Everett call center for assistance.

Herrera Rosales oversaw a staff of call center operators.  When homeowners contacted the call center, Herrera Rosales directed the operators to follow a script designed to make it appear as if each caller’s mortgage was being reviewed by the company’s “underwriting” and “legal department” to make sure the homeowner qualified for the supposed federal program.  In fact, the call center had no legal staff or underwriting department.  Instead, operators were instructed simply to put each caller on hold for a pre-determined amount of time, to make it appear a review was underway.  The operator then would return to the line and tell each victim that he or she was one of the “very select few” who qualified for the program—but only if the homeowner paid the call center a $3,000 fee.  If the homeowner balked at the fee, the call center staff had another script with certain “hot button” statements to persuade them to sign the documents.  It is impermissible under federal regulations to charge upfront fees for mortgage modification services.

Once the contracts were signed, the call center submitted the homeowner’s paperwork to a California-based loan processing group, which made some minimal efforts to restructure the debt.  While a limited number of customers obtained a lower monthly payment, the vast majority had no change or, in some cases, a higher monthly payment.  The call center used a phony address, and operators used aliases to disguise their identities.

Between March 2016 and May 2018, about 1,000 customers paid over $2.5 million to the various entities operated by Herrera Rosales.  After Herrera Rosales paid the expenses of the call centers and paid a share to his co-conspirators, he kept approximately $360,000.

Herrera Rosales is scheduled for sentencing by U.S. District Judge John C. Coughenour on May 4, 2021.

The announcement was made by U.S. Attorney Brian T. Moran.

The case is being investigated by the FBI.  The case is being prosecuted by Assistant United States Attorney Seth Wilkinson.

herrera_rosales_information.pdf

 

Clarence C. Roland III, 58, Tacoma, Washington, is accused of fraudulent acquisition of real property through the manipulation and filing of fraudulent deed documents in county records across the country.

The indictment, returned in December 2018, alleges Roland fabricated fraudulent documents to defraud mortgage holders by causing the property records to reflect their interests in the real property had been eliminated.

Roland and others fraudulently transferred the ownership of the real property in which the mortgage holder had an interest to shell companies Roland controlled, according to the charges. The fraudulent documents allegedly further materially misrepresented the shell companies he controlled had outstanding mortgage loans on the real properties allegedly held by another company Roland controlled. Upon the sale of the real property, Roland allegedly caused that fake loan to be paid off using seller’s proceeds.

The indictment further alleges the conspirators created and used various entities names in executing their scheme to defraud.

Roland is set to make his initial appearance before U.S. Magistrate Judge Christina Bryan at 10:00 a.m. today.

If convicted of conspiracy to commit bank fraud, Roland faces up to 30 years in federal prison and a possible $1 million maximum fine. A conviction for wire fraud carries a potential 20-year-maximum sentence and a $250,000 possible fine. He is also charged with six counts of money laundering, each carrying a maximum 10 years in prison and $250,000 in fines, upon conviction.

The announcement was made by U.S. Attorney Ryan K. Patrick.

The Federal Housing Finance Agency – Office of Inspector General and the FBI conducted the investigation. Assistant U.S. Attorney Melissa Annis is prosecuting the case.

An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.

Aleksandr Kravchenko, 36, King County, Washington, who fled to Moldova, in Eastern Europe before being indicted by a federal grand jury for 55 loans fraudulently obtained from Westsound Bank, was sentenced in U.S. District Court in Seattle to five years in prison.

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Ashley Bonair Chambers, 58, Spokane, Washington, was sentenced after having been convicted in December 2014 of one count of conspiracy to commit bank fraud and wire fraud affecting a financial institution, seven counts of wire fraud, and one count of wire fraud affecting a financial institution.

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Aleksandr Kravchenko, 36, and Galina Kravchenko, 35, King County, Washington, who fled to Moldova, Eastern Europe, before being indicted by a federal grand jury for bank fraud related to loans fraudulently obtained from Westsound Bank, entered guilty pleas in U.S. District Court in Seattle, Washington.

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Danny Zhao, 36, Ashburn, Virginia, pleaded guilty to conspiracy to commit bank fraud admitting his role in a short sale mortgage fraud scheme.

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Emiel A. Kandi, 37, University Place, Washington, a former hard money lender, was sentenced in U.S. District Court to five years in prison, three years of supervised release and $831,607 in restitution for structuring some hard money loans to allow him to seize control of a home if the borrower missed a single payment, in others he submitted false information to lenders regarding the borrowers’ employment, salary, and intention to live in the home.

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William Beard, 40, Seattle, Washington, was sentenced to 16 months in federal prison for his participation in a Southern California mortgage elimination scheme that promised to prevent foreclosure through the paying off of the distressed homeowner’s mortgage.

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Emiel A. Kandi, 37, University Place, Washington, a former hard money lender, pleaded guilty to conspiracy to submit false statements in loan applications and make false statements to the Department of Housing and Urban Development and to submitting false statements in loan applications.

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Local Records Office, Bellflower, California, a company that allegedly preys on unsuspecting new property owners, is the subject of a Consumer Protection Act lawsuit.

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