Archives For May 2023

Osbado Hernandez, 54,  Avenel, New Jersey, a former Hudson County Sheriff’s Officer admitted conspiring to make 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 the mortgage he owed on his house in Keansburg, New Jersey, Hernandez agreed with others to make 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 did not intend to stay in the house for more than 90 days following the short sale. As a result of the fraudulent short sale, the bank discharged over $98,000 of debt against Hernandez.

The false statements conspiracy charge is punishable by a maximum potential penalty of five years in prison and a maximum fine of up to $250,000. Sentencing is scheduled for Oct. 4, 2023.

Hernandez pleaded guilty before U.S. District Judge Michael A. Shipp in Trenton federal court on May 22, 2023, to an information charging him with one count of conspiracy to make false statements in connection with the release of a loan.

U.S. Attorney Sellinger 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 Tammy Tomlins, with the investigation leading to the guilty plea.

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

The government is represented by Assistant U.S. Attorney Elaine K. Lou, Chief of the U.S. Attorney’s Office’s Opioid Abuse Prevention and Enforcement Unit.

 

Ella Martin, 69, Jayess, Mississippi, pleaded guilty to conspiring to steal houses from the United States Department of Agriculture.

According to court documents, conspired with others to identify and steal USDA-mortgaged properties. The targeted properties were mortgaged through the Brookhaven office of USDA Rural Development, an agency which helps rural residents buy or rent safe, affordable housing, especially low and very-low income individuals. As an employee of that office, Martin had access to a list of abandoned, foreclosed, nearly-foreclosed, or similarly distressed USDA-mortgaged properties and would create fraudulent warranty deeds designed to convey ownership of those properties to co-conspirators and others. The fraudulent deeds included forged signatures from former homeowners, including at least one deceased individual. The fraudulent deeds were then filed in Chancery Courts around Mississippi with the intent to deprive the actual owners of the use and benefit of the properties and to deprive the United States Government of the actual value of the properties.

Martin pleaded guilty to a violation of Title 18, United States Code, Section 371, which criminalizes conspiracies against the laws of the United States. She is scheduled to be sentenced on September 19, 2023 and faces a maximum penalty of five years in prison and a $250,000 fine. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Co-defendants Barry Martin and Fiesta Kagler entered guilty pleas last year and are scheduled to be sentenced on June 15, 2023.

The USDA OIG and the Federal Bureau of Investigation investigated the case.

U.S. Attorney Darren J. LaMarca and Special Agent in Charge Dax Roberson of United States Department of Agriculture, Office of the Inspector General made the announcement.

Assistant U.S. Attorney Kimberly T. Purdie is prosecuting the case.

 

Johnny Fior, 48, Cape Coral, Florida has been sentenced to 46 months in federal prison for wire fraud and illegal monetary transactions.

According to court documents, Fior committed the fraud by engaging in two different fraud schemes. With the first scheme, Fior convinced two individuals, by false and fraudulent pretenses, to serve as private investors/lenders for short-term balloon loans that were secured by mortgages on real properties in Lee County, Florida. To accomplish the scheme and give the investors the impression that their funded loans were secured by real property, Fior fraudulently filed fictitious mortgage deeds, promissory notes, and mortgage satisfactions. Additionally, Fior provided the investors interest-only payments to further delay repayment of the loans and requested loan repayment extensions to further prolong the scheme. Fior diverted the investors’ funds for his own personal use and none of the funds were used for their intended purpose.

In the second scheme, Fior, in his role as a real estate closing agent, diverted funds intended to be used to pay off property sellers’ existing mortgages to himself during real estate closings. In furtherance of the scheme, Fior created and caused the creation of real estate settlement statements that falsely represented a seller’s mortgage was repaid during the real estate closing process. Additionally, Fior created fake and fictitious bank statements, lender correspondence, wire transfer records, cashier’s checks, deposit records, and shipment records that fraudulently represented a seller’s mortgage had been paid or that the mortgage pay-off funds were submitted. As a result of the second scheme, two separate title insurance companies suffered a total loss of approximately $977,330.23.  

As part of his sentence, the court also entered an order of forfeiture in the amount of $1,404,169.74, which were the proceeds of the wire fraud and illegal monetary transaction offenses. Fior had pleaded guilty on January 18, 2023.

 This case was investigated by the FBI. It was prosecuted by Assistant United States Attorney Trent Reichling.

             David Maresca, 48, Manassas, Virginia, Scott Marinelli, 51,  Mountainside, New Jersey, Sam Babbs, III, 41, Orlando, Florida, and Terrylle Blackstone, 35, Woodbridge, Virginia, have been charged with conspiring to defraud thousands of distressed homeowners who thought they were hiring a legal firm to help them avoid foreclosure. The defendants, some of whom were licensed to practice law in Washington, D.C., New Jersey, and Florida, allegedly reaped millions of dollars in ill-gotten gains.

According to the indictment, the scheme involved marketing Synergy Law and Themis Law through telephone, television, and Internet advertising which told homeowners that attorneys could help them avoid foreclosure. The defendants, through the law firms, operated  call centers, where workers used scripts during calls with homeowners falsely promising that an attorney would review the homeowner’s case file; that this attorney knew their lender’s “internal guidelines,” for a “mortgage resolution”; and that an assigned “legal team” would contact the homeowner’s lender to negotiate a resolution.

The conspirators knew these representations were false and fraudulent. Synergy Law and Themis Law never operated a “national law firm,” and never provided legal services to homeowners. Neither Synergy Law nor Themis Law had attorneys review homeowner files, and neither Synergy Law nor Themis Law had attorneys contact a client’s lender to discuss a mortgage resolution. The homeowners signed agreements in which the law firms promised to provide “legal representation,” “attorney services” and “legal services” to the homeowner-client. Synergy Law required homeowner-clients to pay an initial retainer amount (often between $995 and $1,750), followed by a monthly recurring amount (often between $595 and $1,200), for as long as Synergy Law represented the homeowner. Once victim funds were in that account, Maresca, Marinelli, and Blackstone used the funds for their personal benefit, and continued to collect monthly payments from the clients. When the clients faced imminent foreclosure, Synergy Law provided non-legal bankruptcy petition preparation services and directed clients to file pro se bankruptcy petitions to stop foreclosure. Synergy Law directed clients not to disclose that the clients had worked with Synergy Law to prepare their bankruptcy petition. Themis Law clients, who were considering filing for bankruptcy to save their homes, were referred to Babbs Law where they signed a new retainer agreement and paid additional fees.

When bankruptcy judges, Synergy Law clients, and the U.S. Trustee’s Program raised concerns about Synergy Law’s practices in bankruptcy matters, Blackstone attended court hearings on behalf of Synergy Law and made false statements to the court about Synergy Law’s operations. When Marinelli’s law license was suspended in New Jersey in 2017, and the District of Columbia in 2018, Maresca, Marinelli, and Blackstone continued to operate Synergy Law and collect monthly payments purportedly for legal services.

Maresca is also charged with falsely filing for bankruptcy on behalf of Synergy Law.  According to the indictment, in answering a question on the bankruptcy forms about financial affairs, which required Synergy Law LLC to list transfers of money or other property that was not in the ordinary course of business, Maresca falsely stated “None,” when he knew he had withdrawn S315,083.42 from Synergy Law accounts to purchase his personal residence.

The indictment further charges Maresca, Marinelli, and Blackstone with five counts of mail fraud; Maresca, Babbs, and Blackstone with three counts of wire fraud and two counts of mail fraud; and Maresca with five counts of monetary transactions in criminally-derived property, and two counts of falsification of bankruptcy records. Maresca was arrested today and made an initial appearance in Washington, D.C.; Marinelli was arrested today and made an initial appearance in New Jersey.

The charges were announced by U.S. Attorney Matthew M. Graves, Special Agent in Charge Wayne A. Jacobs, of the FBI Washington Field Office Criminal and Cyber Division, and Acting Special Agent in Charge Kareem A. Carter of the Internal Revenue Service – Criminal Investigation (“IRS-CI”) Washington, D.C. Field Office.

Maresca formed Synergy Law LLC (“Synergy”), in Washington DC, in 2016, and Themis Law PLLC (“Themis”) in  2019. Marinelli, who was licensed in New Jersey, owned 10 percent of Synergy; Babbs, who was licensed in Florida and D.C., owned his own firm – Babbs Law Firm P.L. (“Babbs”) – and 10 percent of Themis. Blackstone worked for all three firms.

The U.S. Attorney’s Office and the FBI urge anyone who did business with these law firms, and who think they were defrauded, to visit https://www.justice.gov/usao-dc/mortgage-fraud and/or contact the Mega Victim Case Assistance Program (MCAP) at 1-844-527-5299. You can also send an email to USAEO.MCAP@usdoj.gov.

This case was investigated by the FBI Washington Field Office and the Washington, D.C. Field Office of the Internal Revenue Service – Criminal Investigations.

It is being prosecuted by Assistant United States Attorney John Borchert.

An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.