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  • November 30, 1999

Archives For November 30, 1999

Short Sale Negotiator Sentenced for Defrauding Mortgage Lenders

Stephanie Abbott —  March 30, 2022 — Leave a comment

Gabriel T. Tavarez, 40, Westminster, Massachusetts, he principal and co-founder of a mortgage short sale assistance company was sentenced yesterday in connection with defrauding mortgage lenders and investors out of nearly $500,000 in proceeds from about 90 short sale transactions.

Tavarez founded and co-operated Loss Mitigation Services, LLC, a short sale assistance company in North Andover, Massachusetts,  with co-conspirator Jaime L. Mulvihill. A short sale occurs where a mortgage debt on a home is greater than the home’s market value—such a mortgage loan is commonly referred to as being “under water”—and a mortgage lender agrees to a sale of the home even though it will take a loss on the transaction. Loss Mitigation Services, purportedly acting on behalf of homeowners whose mortgage loans were under water, negotiated with mortgage lenders for approval of short sales in lieu of foreclosure. Mortgage lenders typically forbid short sale negotiators, such as Loss Mitigation Services, from receiving any proceeds of a short sale.

From 2014 to 2017, Tavarez and Mulvihill, directly or through their employees, falsely claimed to homeowners, real estate agents and closing attorneys that mortgage lenders had agreed to pay Loss Mitigation Services fees known as “seller paid closing costs” or “seller concessions” from the proceeds of the short sales. In reality, the mortgage lenders had never approved Loss Mitigation Services to receive such fees. When the short sales closed, at the instruction of Tavarez, Mulvihill, or others working with them, settlement agents paid Loss Mitigation Services the fees, which typically were 3% of the short sale price above and beyond any fees to real estate agents, closing attorneys and others involved in the transaction. To deceive mortgage lenders about the true nature of the fees, Tavarez or Mulvihill filed, or caused others to file, false short sale transaction documents with mortgage lenders, including altered settlement statements and fabricated contracts and mortgage loan preapproval letters. In addition, Tavarez created, or directed others to create, fake letters from mortgage brokers claiming that the brokers had approved buyers for financing, in order to convince mortgage lenders to approve the additional fees.

Mulvihill pleaded guilty to his role in the conspiracy and was sentenced in February 2020 to six months in prison.

Tavarez was sentenced by U.S. District Court Judge Nathaniel M. Gorton to seven months in prison and two years of supervised release. Tavarez was also ordered to pay restitution in the amount of $475,458. In June 2020, Tavarez pleaded guilty to conspiracy to commit wire fraud and aggravated identity theft.

United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Robert Manchak, Special Agent in Charge, Federal Housing Finance Agency, Office of Inspector General, Northeast Region; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; and Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston made the announcement. Assistant U.S. Attorney Brian M. LaMacchia of Rollins’ Affirmative Civil Enforcement Unit prosecuted the case.

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Duo Charged in Multi-Layered Fraud Scheme

Stephanie Abbott —  March 23, 2022 — Leave a comment

Steven Tetsuya Morizono, 59, Mission Viejo, California, and Albert Lugene Lim, 53, Laguna Niguel, California, a ringleader and his brother-in-law have been indicted for their participation in a multi-state scheme involving mortgage fraud, credit repair and government loan fraud.

The indictment remains sealed to others charged but not as yet in custody.

The 33-count indictment, returned March 16,2022 alleges Morizono and Lim led the conspiracy. Using the alias Jeff, Morizono was the leader and namesake for the scheme purporting to do business as Jeff Funding, according to the charges. In reality, Jeff funding allegedly operated a multi-layered scheme to defraud mortgage lending businesses, banks, Small Business Administration (SBA) and Federal Trade Commission (FTC).

The indictment alleges co-conspirators recruited clients for credit repair using company names of KMD Credit, KMD Capital and Jeff Funding, among others. They allegedly “cleaned” their clients’ credit histories by filing false identity theft reports with the FTC. After fraudulently inflating client credit worthiness, the co-conspirators fraudulently obtain credit cards, disaster loans and mortgages for themselves and their clients, according to the charges. They were allegedly able to accomplish this through false statements and fake documents.

Morizono and his crew maintained control of the properties purchased in their clients’ names, according to the charges. The purpose, the indictment alleges, was for the purpose of building a real estate portfolio worth millions of dollars and enriching themselves with rental income.

If convicted, Morizono and Lim face up to 30 years in federal prison and a possible $1 million maximum fine.

They are set for an arraignment before U.S. Magistrate Judge Sam S. Sheldon today at 2 p.m.

Two others – Heather Ann Campos, 43, and David Lewis Best Jr., 58, both of Houston –  are fugitives with warrants remain outstanding for their arrest. Anyone with information about their whereabouts is asked to contact the U.S. Postal Inspection Service at 281-512-8525.

The announcement was made by U.S. Attorney Jennifer B. Lowery.

The Federal Housing Finance Agency – Office of Inspector General (OIG), U.S. Postal Inspection Service, Housing and Urban Development – OIG and SBA – OIG conducted the investigation with the assistance of the FTC – OIG and IRS – Criminal Investigation. Assistant U.S. Attorneys Kate Suh and Jay Hileman are 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.

 

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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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Disbarred Attorney Sentenced Conspiring To Commit Foreclosure Fraud

Stephanie Abbott —  March 18, 2022 — Leave a comment

James Lee Clark ,61, Wilton Manors, Florida has been sentenced to 48 months in federal prison for conspiracy to commit bankruptcy fraud and wire fraud.

According to court documents, from January 2010 through February 2017, Clark, who was a licensed attorney, conspired with his paralegal, Eric Liebman, to defraud mortgage creditors and guarantors holding notes on properties in foreclosure. Clark and Liebman falsely and fraudulently represented to distressed homeowners that they would negotiate with creditors and guarantors to prevent foreclosures in exchange for the homeowners’ execution of quitclaim or warranty deeds for the properties to an entity controlled by Liebman. Clark and Liebman also convinced the homeowners to pay rent or agree to sell their houses.  In order to continue collecting ill-gotten rents and/or profit from the property sales, Clark filed fraudulent bankruptcy petitions in the names of the homeowners to prevent the mortgage creditors from lawfully foreclosing and taking title to the properties.

Additionally, from January 2012 to February 2017, Clark defrauded his clients out of approximately $1.3 million. As part of his practice, Clark acted as a trustee for clients and held their money in various bank accounts.  Instead of using the funds for the purpose intended by his clients, Clark diverted the money into his law firm’s bank accounts, and used it for personal expenses, like gambling, travel, and automobiles.

Liebman previously pleaded guilty to conspiracy to commit bankruptcy fraud. He was sentenced to 15 months’ imprisonment.

Clark had pleaded guilty on December 14, 2021.

This case was investigated by the Federal Housing Finance Agency – Office of Inspector General and the Federal Bureau of Investigation. The Office of the United States Trustee for the Middle District of Florida (Tampa Division) provided substantial investigative support. It was prosecuted by Special Assistant United States Attorney Chris Poor.

 

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Man Pleads Guilty For Multi-Million Dollar Mortgage Modification Fraud

Stephanie Abbott —  March 8, 2022 — Leave a comment

Sergio Lorenzo Rodriguez, 47, Laguna Niguel, California, pled guilty to one count of wire fraud in connection with a fraudulent foreclosure rescue scheme that took in at least $5 million in prohibited advance fees from thousands of financially distressed homeowners.

According to the Complaint, the Indictment,[1] and statements made in court, and publicly available documents:

From approximately mid-2015 through August 2020, Rodriguez and a co-conspirator (the Defendants) owned and/or managed a series of mortgage modification companies through which they perpetrated a scheme to defraud and attempt to defraud financially distressed consumers who were facing or were at imminent risk of foreclosure through deceptive marketing practices. Those companies included American Home Servicing Center, National Advocacy Center, National Advocacy Group, and Capital Home Advocacy Center (collectively, the “Companies”).  The Defendants tricked desperate homeowners into paying thousands of dollars each in prohibited advance fees through various misrepresentations, including: falsely claiming that the homeowners had been pre-approved by their lender or servicer for a mortgage modification; misrepresenting prohibited advance fees as closing costs or other non-prohibited costs; fraudulently claiming that the Companies achieved success rates of 95 percent or higher for mortgage modifications; and making empty promises of a no-risk money back guarantee.  As a result of their intentional misrepresentations, and misrepresentations that they encouraged their subordinates to make, the Defendants induced thousands of homeowners to pay, in the aggregate, millions of dollars in prohibited advance fees to the Companies, including a large number of consumers who were ultimately denied mortgage modifications or who received modification offers that were less favorable than they had been led to expect at the time they paid advance fees.

Rodriguez pled guilty before U.S. Magistrate Judge Sarah Netburn.

Damian Williams, the United States Attorney for the Southern District of New York, and Daniel B. Brubaker, Inspector-in-Charge of the New York Office of the United States Postal Inspection Service (“USPIS”) made the announcement today.

U.S. Attorney Damian Williams said:  “As he admitted today, for years, Sergio Lorenzo Rodriguez took advantage of desperate homeowners who were facing foreclosure and eviction to collect from them, in the aggregate, millions of dollars in advance fees based on promises that Rodriguez knew he could not, or would not, keep.  He exploited the financial vulnerability of his victims and is now being held accountable for his crime.”

Rodriguez pled guilty to one count of wire fraud, which carries a maximum sentence of 20 years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense.

The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

In February 2018, the Federal Trade Commission brought a civil lawsuit against the Defendants, among others, in federal court in Santa Ana, California.  That civil action resulted first in a temporary restraining order and then a permanent injunction barring the Defendants from marketing and selling all debt relief products and services.  As alleged in the Indictment, the Defendants flouted those judicial orders by having a relative create another mortgage modification company named 1st Premier Asset Solutions, which the Defendants operated using aliases and some of the same deceptive practices.

Mr. Williams praised the outstanding and persistent investigative work of the United States Postal Inspection Service and thanked the Federal Trade Commission for their assistance.

The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit.  Assistant U.S. Attorney Sarah Lai is in charge of the prosecution.

[1] As to Rodriguez’s co-defendant Eva Christine Rodriguez, the entirety of the text of the Indictment, and the descriptions of the Indictment set forth herein constitute only allegations and every fact described should be treated as an allegation.

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Former R.E. Attorney & Wife Plead Guilty to Mortgage Fraud

Stephanie Abbott —  March 4, 2022 — Leave a comment

Barry Wayne Plunkett Jr., 61, and Nancy Plunkett, 56, both of Hyannis Port, Massachusetts, a former  attorney and his wife pleaded guilty today in federal court in Boston in connection with various mortgage fraud schemes.

Prior to being disbarred in October 2017, Barry Wayne Plunkett Jr. owned and operated the Plunkett Law Firm where his wife, Nancy Plunkett, was his office assistant and paralegal.

The defendants engaged in several bank fraud schemes. In one scheme, from September 2012 to July 2016, the defendants defrauded six mortgage lenders and 14 homeowners for whom the Plunkett Law Firm handled the closings for new mortgage loans to refinance residential properties. The defendants informed the mortgage lenders that pre-existing mortgages were paid off from the new loan proceeds when, in fact, the Plunketts intentionally failed to pay off the prior liens and instead converted more than $900,000 in payoff funds for their own purposes.

In other bank fraud schemes – between April 2015 and March 2018 – the Plunketts fraudulently used various names, entities and false documents to obtain three successive mortgage loans on their home in Hyannis Port in amounts of $412,000, $470,000 and $1.2 million. The defendants pledged as collateral a property in Hyannis Port that was held in a family trust for which Barry Wayne Plunkett Jr. was one of three beneficiaries. Both defendants participated in providing false documents to the lenders, including false title reports and other records to falsely represent that the property was free and clear of existing mortgage liens and forged documents in the names of other people. The defendants also made misrepresentations to a lender that Nancy Plunkett was a single woman living in Wellesley who was purchasing the property in her maiden name as a business investment when, in fact, the defendants had been married since 2014 and the property was their residence.

The charge of bank fraud provides for a sentence of up to 30 years in prison, five years of supervised release and a fine of $250,000. The charge of tax evasion provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of aggravated identity theft provides for a mandatory two-year sentence to be served consecutively to any other sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

The Plunkett’s pleaded guilty to five counts of bank fraud and one count of aggravated identity theft. Barry Wayne Plunkett Jr. also pleaded guilty to one count of tax evasion. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for June 10, 2022. The Plunketts were indicted in July 2020.

United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston made the announcement today. Assistant U.S. Attorneys Victor A. Wild and Mackenzie Queenin, of Rollins’ Securities, Financial & Cyber Fraud Unit, and Carol Head, Chief of Rollins’ Asset Recovery Unit, are prosecuting the case.

 

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Woman Previously Convicted in Fraud Scheme Admits to Defrauding the FHA

Stephanie Abbott —  March 2, 2022 — Leave a comment

Juliana Martins, 53, North Providence, Rhode Island, today admitted in federal court that she provided false information to a mortgage lender when applying for a Federal Housing Administration (FHA)-backed mortgage, and that she fraudulently applied for a COVID Economic Injury Disaster Loan (EIDL) and unemployment insurance benefits under both the Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief, and Economic Security (CARES) Act, announced United States Attorney Zachary A. Cunha.

Martins was on federal supervised release at the time of the charged fraudulent activities.

At the time of her guilty plea, Martins admitted to the court that while on federal supervised release her role in a stolen identity refund scheme, as well as while on state probation for an unrelated 2014 conviction for forgery and counterfeiting, she applied for an FHA-guaranteed loan. As part of the application process, she provided false explanations as to her gaps in employment while serving her federal sentence, claiming she was unemployed due to a “family emergency.” Martins also failed to disclose the fact that she was subject to a $385,533 federal restitution order.

Following the application, Martins and a co-borrower were issued an FHA-insured mortgage in the amount of $265,109.

Additionally, Martins admitted that in July 2020, she submitted a fraudulent application for a Small Business Administration (SBA) low-interest COVID-related Economic Injury Disaster Loan (EIDL), falsely claiming that she was an independent contractor in the health service business, and that her business had been impacted by the pandemic. Finally, Martins admitted that she fraudulently applied for and received COVID-related unemployment insurance benefits while she was in fact employed as an office manager in April 2020. In total, Martins received over $40,000 in COVID relief benefits to which she was not entitled.

Martins pleaded guilty to false statement on a loan application and theft of government property. She is scheduled to be sentenced on August 4, 2022.

The case is being prosecuted by Assistant U.S. Attorneys G. Michael Seaman and Sandra R. Hebert.

The matter was investigated by the U.S. Department of Housing and Urban Development – Office of Inspector General; U.S. Department of Labor – Office of Inspector General; FBI; and Rhode Island State Police, with the assistance of the Rhode Island Department of Labor and Training Unemployment Insurance Fraud Unit.

Rhode Islanders who believe their personal identification has been stolen and used to fraudulently obtain unemployment benefits are urged to contact the Rhode Island State Police at financialcrimes@risp.gov or the FBI Providence office at (401) 272-8310.

On May 17, 2021, the United States Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

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Paralegal Sentenced For Conspiracy To Commit Mortgage Fraud

Stephanie Abbott —  January 28, 2022 — Leave a comment

Eric Liebman, 34, Tampa, Florida has been sentenced to 15 months in federal prison for conspiracy to commit bankruptcy fraud.

According to court documents, from January 2010 through February 2017, Liebman conspired with his co-defendant, James Lee Clark, to defraud mortgage creditors and guarantors, such as Fannie Mae, which held mortgage notes on properties that were in foreclosure. Liebman and Clark falsely and fraudulently represented to the distressed homeowners facing foreclosure that in exchange for executing quitclaim or warranty deeds for their properties to an entity controlled by Liebman, they would negotiate with the mortgage creditors to prevent foreclosures. Liebman and Clark convinced the distressed homeowners to pay them rent or agree to put their houses up for sale. In order to continue to collect ill-gotten rents, or profit from sales of the properties, Liebman filed fraudulent bankruptcy petitions in the names of the homeowners to prevent the mortgage creditors from lawfully foreclosing and taking title to the properties.

Liebman had pleaded guilty on September 24, 2019.

This case was investigated by the Federal Bureau of Investigation and the Federal Housing Finance Agency – Office of Inspector General. The Office of the United States Trustee for the Middle District of Florida, Tampa Division, also provided substantial investigative support. It was prosecuted by Special Assistant United States Attorney Chris Poor.

 

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Woman Pleads Guilty To Wire Fraud In Connection With Mortgage Fraud Scheme

Stephanie Abbott —  January 27, 2022 — Leave a comment

Tammy Jones, a/k/a “Tammy Taylor”, 53, Upper Marlboro, Maryland, pleaded guilty yesterday to wire fraud in connection with a mortgage fraud scheme.

According to her guilty plea, in May 2011 Jones purchased a home in Brandywine, Maryland.  To finance the purchase of the home, Jones obtained a mortgage for $360,660 from Lender 1, which was backed by the Federal Housing Administration (FHA).

In 2017, Jones sought and received a loan modification for her FHA-insured mortgage through the U.S. Department of Housing and Urban Development (HUD) Partial Claim Program, which is a loan modification program for FHA-insured mortgages.  As part of the Partial Claim Program, HUD works to restructure the borrower’s mortgage payments using a partial claim which allows the borrower to stay in the home.  A lender files a “partial claim” with HUD for a portion of the outstanding mortgage balance and HUD makes payment to the lender on behalf of the borrower for that portion of the mortgage.  In exchange, HUD receives a security interest in the property in the amount of the balance that was paid to the lender and the borrower agrees to repay HUD for the amount of the partial claim.  Thus, the lender is effectively “made whole” by the partial claim payment from HUD.  When the borrower sells the home, the borrower is ultimately responsible for the balance of the partial claim to remove the lien held by HUD.

As stated in her plea agreement, in or around June 2017, Jones sought and received a loan modification through the HUD Partial Claim Program for her Brandywine, Maryland home.  HUD made a partial claim payment to Servicer 1 (who serviced Jones’s FHA-insured mortgage) of $111,377.12 on behalf of Jones.  In exchange, Jones granted HUD a security interest in the Brandywine, Maryland property for $111,377.12, the amount of the partial claim payment made by HUD.  Jones also entered into a loan modification agreement with the mortgage lender, in which Jones owed $352,151.01 in principal and agreed to make monthly payments of $2,564.96.

In 2018, Jones sought to sell the Brandywine, Maryland property for $429,900.  To close the sale of the property, employees of a settlement company sought proof that Jones’s lien from HUD and the FHA had been released.

In fact, the lien had not been released.  Jones thereafter created false and fraudulent documents to make it appear as though the lien had been released in order to facilitate the sale of the Brandywine, Maryland home as part of the scheme.

Specifically, Jones created a fraudulent email account, purporting to be an employee of a company contracted by HUD to service loans on HUD’s behalf.  Jones, posing as an employee of the HUD contractor, told an employee of the settlement company that the lien on the Brandywine, Maryland home had been released and Jones created and attached a bogus lien release document.  Jones thereafter continued to contact the settlement company while posing as an employee of the HUD contractor.  Jones also submitted a fraudulent Certificate of Satisfaction to the settlement company, which permitted the sale of the Brandywine, Maryland property on or about October 19, 2018.

After the sale of the Brandywine, Maryland property closed, the induvial who purchased the home from Jones was notified of the outstanding lien on the property in 2019.  Investigation revealed that Jones had falsified documents and fraudulently posed as an employee of the HUD contractor in order to further her scheme to defraud HUD.

In total, Jones caused a net loss of $111,377.12 to HUD, which represents the partial claim that HUD paid on behalf of Jones in September 2017.

As part of her plea agreement, Jones will be required to pay $111,377.12 in restitution.

Jones faces a maximum sentence of 20 years in prison followed by up to three years of supervised release for wire fraud.  U.S. District Judge Theodore D. Chuang has scheduled sentencing for May 20, 2022 at 2:30 p.m.

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

United States Attorney Erek L. Barron commended HUD-OIG for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorney Caitlin R. Cottingham, who is prosecuting the 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://www.justice.gov/usao-md/community-outreach.

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R.E. Agent Sentenced for Running Multi-Year Mortgage Fraud Schemes

Stephanie Abbott —  January 21, 2022 — Leave a comment

Eric Hill, 52, Tyrone, Georgia, an Atlanta real estate agent has been sentenced for his participation in a mortgage fraud scheme that netted more than $21 million in fraudulent mortgage loans.

According to the charges and other information presented in court: The defendants participated in a scheme in which homebuyers and real estate agents submitted fraudulent loan applications to induce mortgage lenders to fund mortgages.  Eric Hill and Robert Kelske were real estate agents who represented a major nationwide homebuilder.  Hill and Kelske helped more than 100 homebuyers who were looking to buy a home, but who were unqualified to obtain a mortgage, commit fraud.  The agents instructed the homebuyers as to what type of assets they needed to claim to have in the bank, and what type of employment and income they needed to submit in their mortgage applications.

Hill and Kelske then coordinated with multiple document fabricators, including defendants Fawziyyah Connor and Stephanie Hogan, who altered the homebuyers’ bank statements to inflate their assets and to create bank entries reflecting false direct deposits from an employer selected by the real estate agent.  The document fabricators also generated fake earnings statements that matched the direct deposit entries to make it appear that the homebuyer was employed, and earning income, from a fake employer.  Other participants in the scheme then acted as employment verifiers and responded to phone calls or emails from lenders to falsely verify the homebuyers’ employment.  Defendants Jerod Little, Renee Little, Maurice Lawson, Todd Taylor, Paige McDaniel and Donald Fontenot acted as employment verifiers.  Hill and Kelske coordinated the creation and submission of the false information so that the lies to the lenders were consistent.

In another aspect of the scheme, Hill and Kelske conspired with real estate agents Anthony Richard and Cephus Chapman, who falsely claimed to represent homebuyers as their selling agents in order to receive commissions from the home sales.  In reality, these real estate agents had never even met the homebuyers they claimed to represent.  To avoid detection, the agents often notified closing attorneys that they would not be available for the home closing and sent wire instructions for the receipt of their commissions.  When these purported selling agents received their unearned commissions, they kicked back the majority of the commissions to Hill or Kelske for enabling them to be added to the deal, keeping a small share for their role in the scheme.

Many of the fraudulent loans were insured by the Federal Housing Administration (FHA), resulting in over $850,000 in claims being paid for mortgages that have defaulted.  Hill also engaged in a scheme to defraud his employer, a national real estate developer, out of over $480,000 dollars in real estate commissions.

Hill was sentenced to two years, six months in prison to be followed by three years of supervised release.  Hill was convicted on these charges on September 21, 2020, after he pleaded guilty.

In addition to Hill, Defendants Donald Fontenot, Maurice Lawson, Stephanie Hogan, Jerod Little, Renee Little, Paige McDaniel, Fawziyyah Connor, and Anthony Richard have all been sentenced for their roles in the conspiracies.

  • Todd Taylor pled guilty and is scheduled to be sentenced on March 3, 2022.
  • Robert Kelske also pled guilty and is scheduled to be sentenced April 14, 2022.
  • Cephus Chapman was convicted at trial and is scheduled to be sentenced on February 10, 2022.

“Eric Hill and his co-conspirators defrauded mortgage loan holders out of millions of dollars, with taxpayers being saddled with much of the loss,” said U.S. Attorney Kurt R. Erskine.  “We will vigorously prosecute those who commit mortgage fraud and enrich themselves at the expense of financial institutions and government programs that insure or guarantee the loans.”

“While it is easy to dismiss financial fraud cases as victimless crimes because of their lack of violence, there is, however, very real victimization to our economy and our taxpayers,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “This sentencing sends the message that the FBI will persistently work to protect American citizens and the real estate market from predators who drag down our economy by deception for their own personal gain.”

“Eric Hill engaged in premeditated criminal acts with the sole purpose of enriching himself, without regard for millions of American homebuyers who rely on federal housing programs to insure their mortgages. His fraudulent actions strike not only at the fiscal integrity of the FHA, but also our neighbors and communities who are victims of these schemes,” said Special Agent in Charge Wyatt Achord with the Department of Housing and Urban Development Office of Inspector General.

“The Federal Housing Finance Agency, Office of Inspector General (FHFA-OIG) is committed to holding accountable those who commit fraud in the housing and mortgage market and abuse the resources of the Government-Sponsored Enterprises regulated by FHFA.  We are proud to have partnered with HUD-OIG, the FBI, and the U.S. Attorney’s Office for the Northern District of Georgia in this case,” said Edwin S. Bonano, Special Agent-in-Charge, FHFA-OIG, Southeast Region.

This case was investigated by the Department of Housing and Urban Development Office of the Inspector General, Federal Bureau of Investigation, and Federal Housing Finance Agency Office of Inspector General.

Assistant U.S. Attorneys David A. O’Neal, Alison B. Prout, and former Northern District of Georgia Assistant U.S. Attorney Ryan Huschka prosecuted the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

 

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