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Archives For December 2021

Attorney & Settlement Agent Admits Role in Reverse Mortgage Fraud Scheme

Stephanie Abbott —  December 17, 2021 — Leave a comment

Martin D. Eagan, 50, Montville, New Jersey, today admitted his role in a reverse mortgage fraud scheme that exploited several elderly homeowners.

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

Eagan, principal of the Martin D. Eagan Law Firm, was an attorney licensed by the state of New Jersey with a practice in Morristown, New Jersey, that primarily focused on real estate transactions, such as loan originations, reverse mortgages and the refinancing of residential homes.

From 2007 through 2010, Eagan, acting as a settlement agent, was required to comply with instructions established by financial institutions that provided loan funds to borrowers. As part of the lending process, Eagan was required to generate and certify HUD-1 settlement statements that Eagan submitted to lenders. The HUD-1 settlement statement itemized the receipt and disbursement of all funds for each real estate closing. HUD-1 settlement statements were required to be approved by a lender before a settlement agent could disburse funds. The disbursement of funds had to mirror the representations made on the lender-approved HUD-1.

Eagan and his conspirators submitted fraudulent documentation to lenders to persuade lenders to approve and fund reverse mortgages and the refinancing of existing mortgages. Fraudulent documentation submitted included false HUD-1s that concealed from the lenders the fact that disbursements of loan proceeds went to conspirators, or entities the conspirators owned or controlled, and false appraisals that overstated the value of homes.

Eagan, his conspirators, and others controlled the loan application process from the time the homeowners applied for loans to the disbursement of loan funds, and ultimately through the diversion of loan proceeds to conspirators.

Eagan pleaded guilty before U.S. District Judge Anne E. Thompson to an information charging him with one count of conspiracy to commit bank fraud.

The conspiracy to commit bank fraud carries a maximum potential penalty of 30 years in prison and a $1 million fine. Sentencing is scheduled for April 14, 2022.

U.S. Attorney Philip R. Sellinger made the announcement.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, and special agents of the Federal Housing Finance Agency, Office of Inspector General, under the direction of Special Agent in Charge Robert Manchak, with the investigation leading to today’s guilty plea.

The government is represented by Special Assistant U.S. Attorneys Kevin Di Gregory and Charlie L. Divine of the Federal Housing Finance Agency, Office of Inspector General.

 

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Real Estate Broker Pleads Guilty to Real Estate Deposit Scam

Stephanie Abbott —  December 17, 2021 — Leave a comment

Michael P. Flavin, 38, Quincy, Massachusetts, a real estate broker pleaded guilty today to operating a scheme in which he falsely marketed properties that were not for sale, or had already been sold, and then stole the buyers’ real estate deposits.

Between 2017 and April 2020, Flavin solicited deposits on real estate transactions by marketing numerous real estate properties that were not actually for sale. In each case, Flavin executed purchase and sale agreements and received deposit checks from or on behalf of the potential buyers, even though the actual owners of the properties had not agreed to sell their properties or to sell them to those buyers. Flavin forged the signatures of the sellers on the purported purchase and sale agreements. Over this period of approximately three years, Flavin cashed more than 60 deposit checks totaling approximately $1.8 million.

The charges of wire fraud each provide for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charges of aggravated identity theft each provide for a mandatory sentence of two years in prison to be served consecutive to any other sentence imposed, up to one year of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Flavin pleaded guilty to two counts of wire fraud and two counts of aggravated identity theft. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for April 12, 2022.

Acting United States Attorney Nathaniel Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorneys Victor A. Wild and Sara Miron Bloom of Mendell’s Securities, Financial & Cyber Fraud Unit are prosecuting the case.

 

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Man Indicted for Scheme to Steal & Re-Sell Real Property

Stephanie Abbott —  December 15, 2021 — Leave a comment

Franklin A. Olaitan, 48, Beltsville, Maryland, has been charged in a 10-count indictment with carrying out a scheme to steal a residence located in the District of Columbia and then reselling the property to an unsuspecting buyer.

As alleged in the indictment, Olaitan perpetrated a scheme in which he obtained a residential real property located in the 2000 block of First Street NW, District of Columbia by submitting false documents to lenders, a settlement company, and the District of Columbia Recorder of Deeds. It is alleged that Olaitan quickly resold the residential property to an unsuspecting buyer and received the seller’s proceeds from both purported sales of the property.  In the real estate closings, first, a lender paid approximately $420,000 and, second, a purchaser paid about $550,000.

Olaitan is charged with four counts of wire fraud, two counts of interstate transportation of stolen property, two counts of aggravated identity theft, one count of identity theft, and one count of first-degree fraud. The indictment includes a notification of the United States’ intent to seek the forfeiture of any proceeds Olaitan received as a result of the fraud scheme, identity theft, and interstate transportation of stolen property.

Olaitan was arraigned today in the U.S. District Court for the District of Columbia. The indictment against him was also unsealed today.  He was released following his initial court appearance, pending further court proceedings.

The indictment was announced by U.S. Attorney Matthew M. Graves and Wayne A. Jacobs, Special Agent in Charge of the FBI’s Washington Field Office Criminal Division.

An indictment is merely a formal charge that a defendant has committed a violation of criminal law and is not evidence of guilt. Every defendant is presumed innocent until, and unless, proven guilty.

This case is being investigated by the FBI’s Washington Field Office. It is being prosecuted by Assistant U.S. Attorney Diane Lucas of the Fraud Section of the U.S. Attorney’s Office for the District of Columbia, with assistance from Paralegal Specialists Daniel Haines and Mariela Andrade.

 

 

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Loan Officer Admits Participation in Large-Scale Mortgage Fraud Scheme

Stephanie Abbott —  December 13, 2021 — Leave a comment

Isaac DePaula, 41, a loan officer for a mortgage company today admitted his role in a long-running, large-scale mortgage fraud scheme,

According to the documents filed in this and other cases and statements made in court:

From September 2006 to September 2010, DePaula and his conspirators engaged in a long-running, large-scale mortgage fraud conspiracy through a mortgage company called Premier Mortgage Services (PMS). The conspirators targeted properties in low-income areas of New Jersey. After recruiting straw buyers, the defendants used a variety of fraudulent documents to make it appear as though the straw buyers possessed far more assets, and earned far more income, than they actually did. The defendants then submitted these fraudulent documents as part of mortgage loan applications to financial institutions. Relying on these fraudulent documents, financial institutions provided mortgage loans for the subject properties.

The defendants then split the proceeds from the mortgages among themselves and others by using fraudulent settlement statements (HUD-1s), which hid the true sources and destinations of the mortgage funds provided by financial institutions. The defendants made false representations and provided fraudulent documents when, in fact, the straw buyers had no means of paying the mortgages on the subject properties, many of which entered into foreclosure proceedings.

The defendants played different roles in the scheme, and others charged and convicted included a part owner of PMS, an attorney who aided the fraud by performing closings on many of the subject properties, an accountant who created false documents, the owner of a real estate development company, several loan officers, and a paralegal for another attorney who also closed fraudulent transactions.

DePaula was a loan officer at PMS and recruited straw buyers, provided false and fraudulent documents to the straw buyers, and incorporated false and fraudulent documents into loan applications to induce financial institutions to fund mortgage loans. The loan officers profited illegally by receiving a commission from PMS for each mortgage loan that they closed, and also profited illegally by diverting portions of the fraudulently obtained mortgage proceeds for themselves, often via shell corporations or nominee bank accounts.

DePaula was a long-time fugitive who was charged by criminal complaint in 2012 and by indictment in 2016. He returned to the United States in March 2020 to face the charges in the indictment.

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

The offense to which DePaula pleaded guilty carries a maximum potential penalty of 30 years in prison and a maximum fine of $1 million. Sentencing is scheduled for April 19, 2022.

Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark; special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez in Newark; and special agents of the Federal Housing Finance Agency – Office of the Inspector General, under the direction of Special Agent in Charge Robert W. Manchak, with the investigation leading to today’s guilty plea.

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Woman Charged With Scheme To Steal The Home Of An Elderly Veteran

Stephanie Abbott —  December 10, 2021 — Leave a comment

Jasmine Morgan, 32, Queens, New York has been charged today with grand larceny, identity theft and other crimes. The defendant allegedly posed as the granddaughter of an elderly veteran to fraudulently transfer a property deed into her name and then collected more than $134,000 when she sold the home in March 2020.

According to the charges, around February 6, 2020, the defendant claimed to be the granddaughter of a deceased Queens, New York homeowner and offered to facilitate the sale of his home on 198th Street in St. Albans, Queens, New York. Morgan and an unapprehended other – who posed as the homeowner – agreed to a sale price of $300,000 with a buyer and subsequently entered into a contract. Morgan allegedly accepted a $5,000 down payment and provided identification and a death certificate for the dead grandfather and an uncle.

On March 6, 2020, the defendant again purported herself to be the heir to the deceased homeowner’s estate when she appeared at a law firm in Queens for the closing with an unapprehended other, who again posed as the homeowner. The deed transfer for the property was confirmed by the lawyer, who gave the defendant a check for just over $134,000.

According to the complaint, the true owner of the home is a 74-year-old veteran who discovered the ruse when he was sued by the person who “bought” the home from Morgan. The victim did not transfer his deed and does not have a granddaughter.

The defendant allegedly cashed the check she received from the lawyer at a Brooklyn check cashing establishment and received cash.

Queens District Attorney Melinda Katz made the announcement.

District Attorney Katz said, “This defendant was ultimately caught in a tangled web of her own making – a paper trail of bogus transactions that revealed a complicated con to steal a man’s home. By posing as a grieving granddaughter, the defendant allegedly duped multiple people into believing she was entitled to a $134,000 payday from the sale of a house to which she had no rightful claim. The victim is a 74-year-old veteran who was left with a mess to unravel.”

Morgan was arraigned on Tuesday before Queens Criminal Court Judge Karen Gopee on a 15-count criminal complaint. The defendant is charged with grand larceny in the second degree, criminal possession of a forged instrument in the second degree, identity theft in the first degree, falsifying business records in the first degree, scheme to defraud in the first degree and offering a false instrument for filing in the second degree. Judge Gopee ordered the defendant to return to Court on January31, 2022. If convicted, Morgan faces up to 15 years in prison.

The investigation was conducted by Detective Marcelo Razzo of the NYPD Special Frauds Squad and Assistant District Attorney Christina Hanophy, Deputy Bureau Chief of the Housing and Worker Protection Bureau of the Queens District Attorney’s Office who is also prosecuting the case under the supervision of Assistant District Attorney William Jorgenson, Bureau Chief, and under the overall supervision of Executive Assistant District Attorney for Investigations Gerard A. Brave.

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