Archives For November 30, 1999

Jonathan Yasko, 46, Winter Springs, Florida has pleaded guilty to wire fraud.

According to the court documents, Yasko owned or controlled various title companies that conducted real estate settlement services and issued title insurance policies on behalf of title insurance underwriters. Each of Yasko’s title companies was required to deposit the funds it received from the lenders, buyers, and homeowners into an escrow account to segregate these monies from its own funds. The title companies were also legally required to disburse the lender’s funds in the manner specified in the instructions sent by the financial institutions. Yasko’s title companies also had a fiduciary duty to the financial institutions and were required to act in the best interests of the party providing the funds, rather than using these funds for its own self-interest.

From January 2021 through August 2023, Yasko engaged in a scheme to defraud financial institutions using interstate wires. As part of his scheme, Yasko promised to keep the financial institution’s funds segregated in escrow accounts prior to closing in according with Florida law. He also promised to disburse the financial institution’s funds that were sent via interstate wire transfers in accordance with the financial institution’s closing instructions. Yasko initiated fraudulent interstate wire transfers of the lender funds from the segregated escrow accounts to other escrow accounts that had insufficient funds to conduct separate closings and initiated fraudulent interstate wire transfers of lender funds from the segregated escrow accounts to Yasko’s title company operating accounts for illicit purposes such as paying off personal credit cards, home renovation expenses, and payments to personal credit cards. Yasko embezzled the mortgage lenders funds, which prevented the real estate settlement from taking place. As a result, the title insurance underwriter paid out settlements to the victim financial institutions. Several of the botched real estate closings involved mortgage loans purchased or owned by Freddie Mac.

In exchange for his role in the scheme, Yasko also received ill-gotten title insurance premiums. Yasko has agreed to forfeit $201,004.57, the proceeds of the charged criminal conduct.

Yasko faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.

United States Attorney Gregory W. Kehoe made the announcement.

This case was investigated by the Federal Housing Finance Agency Office of Inspector General and the Federal Bureau of Investigation. It is being prosecuted by Special Assistant United States Attorney Chris Poor.

 

John Alberto Stolard, 48, Wesley Chapel, Florida, has been sentenced to one year and one day in federal prison for conspiracy to commit wire fraud involving quit claim deeds.

According to court records, Stolard obtained fraudulent quit claim deeds in connection with five different properties—all owned by a victim Stolard had worked with and knew personally. Stolard obtained $827,000 in fraud proceeds by obtaining mortgages on five properties he did not actually own through fraudulent quit claim deeds he filed with the Hillsborough County Clerk of Court. Stolard and a co-conspirator forged the victim-owner’s name on quit claim deeds and then filed these fraudulent deeds with the court. Using the fraudulent deeds, Stolard applied online for mortgage loans, using the victims’ properties as collateral, and ultimately obtained $827,000 in mortgage loans.

The court also ordered Stolard to forfeit $747,388.30, which are traceable to Stolard’s proceeds from the offense. Stolard pleaded guilty on October 3, 2024.

U.S. Secret Service, Tampa Field Office, Special Agent in Charge Robert Engel stated, “Through our investigation, we uncovered how selfish greed nearly caused devastating financial losses for an innocent victim. Mr. Stolard epitomized the betrayal of trust, abusing his position to steal over $800,000 in property while fraudulently posing as the rightful owner. Thanks to the men and women of our Tampa Field Office, the United States Attorney’s Office, and our partners at the Hillsborough County Sheriff’s Office for their swift and dedicated work. We are pleased that justice was served.”

This case was investigated by the United States Secret Service and the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.

Maria Del Carmen Montes, 48, Kissimmee, Florida has been sentenced to 33 months in federal prison for bank fraud.

According to court documents, Montes, co-conspirator Carlos Ferrer, and others created and executed a mortgage fraud scheme targeting financial institutions. Montes assisted clients with purchasing homes and, after signing the real estate contract, referred her buyers to a loan officer at a mortgage company. In order to qualify her clients for mortgage loans for which they were unqualified, Montes transferred the personal identifying and financial information of her clients to Ferrer and directed Ferrer to create fictitious paystubs and W-2s showing false earnings and length of employment for her clients, knowing that her clients never worked for the companies on the fictitious employment documents. After Ferrer created the documents, Montes submitted the fictitious paystubs and W-2s to the financial institutions who relied on them when making underwriting decisions.

On August 13, 2024, Ferrer was sentenced to four months’ imprisonment and ordered to serve three years of supervised release for his role in the case.

Montes pleaded guilty on January 4, 2024.

This case was investigated by the Federal Housing Finance Agency – Office of Inspector General, the U.S. Department of Housing and Urban Development – Office of Inspector General, and the Federal Bureau of Investigation. It was prosecuted by Special Assistant United States Attorney Chris Poor.

Mayela Saby Cantu, 55, McAllen, Texas has been ordered to prison for conspiracy to commit wire fraud.

At the time of her plea, Cantu admitted she knowingly participated in a scheme that used falsified lien payoff statements, fraudulent warranty deeds and deceptive emails to mislead lenders, title companies and property buyers.

From November 2020 until her arrest, Cantu defrauded buyers and lenders in multiple property transactions while working at a McAllen title company. Using her position of trust, she facilitated closings backed by falsified documents. In one notable case, she directed others to create a fraudulent email address resembling that of a legitimate lienholder. Cantu then used the fake account to send false payoff amounts via interstate wires, leading a title company to improperly disburse more than $350,000.

Cantu facilitated additional fraudulent property transactions, including arranging closing on properties that had already been sold and accepting undisclosed cash payments. By concealing the true nature of these deals, she caused significant financial harm to the affected parties.

Cantu was permitted to remain on bond pending transfer to a Federal Bureau of Prisons facility to be determined in the near future.

The announcement was made by U.S. Attorney Nicholas J. Ganjei.

Mayela Saby Cantu pleaded guilty Dec. 20, 2024.

Chief U.S. District Judge Randy Crane has ordered Cantu to serve 24 months in federal prison to be immediately followed by three years of supervised release. She was also ordered to pay $350,000 in restitution. At the hearing, the court heard additional evidence that detailed Cantu’s role in the scheme. The victim also reported the significant loss due to Cantu’s actions and asked the court for a sentence that would operate as a deterrent for others. In handing down the prison term, the court noted the complexity of the scheme and emphasized that Cantu’s role as an escrow officer allowed her to facilitate the scheme.

The FBI, McAllen Police Department and Texas Department of Insurance conducted the investigation. Assistant U.S. Attorney Jose Garcia prosecuted the case.

David Izsak, 50, Chicago, Illinois, businessman has been sentenced to five years in federal prison for scheming to defraud multiple financial institutions out of more than $3 million.

Izsak was a licensed real estate professional and the sole proprietor of Skokie, Illinois based Premier Assets Inc. and Premier Properties Enterprises, Inc.  From 2005 to 2018, Izsak engaged in a scheme to defraud financial institutions by obtaining residential loans through false statements, concealing other unpaid loans, and falsely obtaining credit.  As part of the scheme, Izsak submitted or caused to be submitted to the Cook County Recorder of Deeds fictitious lien releases that purported to be from lenders stating the loans were paid in full.  The bogus lien releases included false names of attorneys and bank employees. In one instance, after causing a lien to be released, Izsak sold the property to an unsuspecting buyer.  In another instance, he obtained six mortgages on a single property, obtaining a new loan after fictitiously releasing the prior loan without repaying it.

Izsak also obtained a loan to buy a 57-foot yacht known as the “Flying Lady” by submitting fraudulent tax returns and financial information to the lender.  The yacht was seized by federal authorities in 2019.

A jury in U.S. District Court in Chicago in 2023 convicted Izsak on ten counts of financial institution fraud.  U.S. District Judge Manish S. Shah imposed the prison sentence on Tuesday during a hearing in federal court.

The sentence was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, Douglas S. DePodesta, Special Agent-in-Charge of the FBI Chicago Field Office, and Ruth M. Mendonça, Inspector-in-Charge of the Chicago Division of the U.S. Postal Inspection Service.

Izsak engaged in blatantly fraudulent conduct for many years,” Assistant U.S. Attorney Elly Moheb argued in the government’s sentencing memorandum.  “The entire purpose of the scheme was to line his own pockets, so that he could live a lifestyle he didn’t earn.

Two other individuals – Yale Schiff, Riverwoods, Illinois., and his brother, Jason Schiff, Lincolnwood, Illinois – were also convicted as part of the federal investigation.  Yale Schiff was sentenced in January to three years in prison for fraudulently obtaining millions of dollars in mortgage and vehicle loans and using stolen identities to secure credit from financial institutions.  Jason Schiff pleaded guilty to causing a false report and statement to be made to the U.S. Department of Housing and Urban Development.  Jason Schiff was sentenced to three years of probation.

Okechukwu Josiah Odunna, 60, Abuja, Nigeria made his initial appearance in a federal court in Miami, where he is accused of playing a key role in a fraud scheme in which he fraudulently obtained loans in connection with the fraudulent purchases of approximately 20 residential properties in Florida. This plot resulted in the loss of about $8 million to U.S. financial institutions, the Justice Department announced today.

According to the indictment, between December 2005 to approximately May 2008, Odunna and his co-conspirators devised a scheme to defraud and to obtain money by making false representations and material omissions to U.S. banking institutions. As part of the scheme, Odunna and his co-conspirators would, among other things: submit false and fraudulent loan applications and documents to financial institutions relating to purchases of residential properties, resulting in lenders loaning out more money than they otherwise would. These false statements to the lenders included false names of the persons who would be borrowing the money to purchase the properties, falsely inflated sale prices that were much higher than the true prices and false details regarding the receipt and disbursement of funds in connection with the purchases of the properties.

Odunna, who was a licensed attorney at the time, was also one of the directors of Direct Title and Escrow Services, Inc. (DTES). Odunna was the settlement agent in approximately 20 fraudulent closings of property purchases. To disguise the fraud, Odunna and his co-conspirators provided sellers and lenders with two different settlement statements, which included false information and omitted information regarding the sale price, the identity of the purchaser, and the receipt and the disbursement of funds.

Odunna faces charges of wire fraud and conspiracy to commit wire fraud affecting a financial institution. Odunna was arrested on September 24, 2024, by Nigerian authorities pursuant to a U.S. extradition request. Nigerian authorities extradited Odunna to the Southern District of Florida on March 6, after he waived extradition. He has remained incarcerated since his arrest. Odunna is scheduled to appear at his pretrial detention and arraignment hearings on March 11 before U.S. Magistrate Judge Jonathan Goodman.

Odunna’s co-conspirators, charged in the same indictment, included Karl Oreste, Marie Lucie Tondreau and Kelly Augustin. Oreste pleaded guilty and was sentenced to 100 months in prison. Tondreau, who was the former Mayor of North Miami, was convicted at trial. She was sentenced to 65 months in prison. Augustin remains a fugitive.

If convicted, Odunna faces up to 30 years in prison on the conspiracy to commit wire fraud affecting a financial institution charge and up to 30 years in prison on the wire fraud affecting a financial institution charge. Each count also carries the possibility of a fine and supervised release upon completion of any prison sentence. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Hayden P. O’Byrne for the Southern District of Florida, Acting Special Agent in Charge Brett Skiles of the FBI Miami Field Office, and Commissioner Russell C. Weigel, III, of the Florida Office of Financial Regulation (OFR), made the announcement.

The FBI Miami and OFR are investigating the case. The Justice Department’s Office of International Affairs provided significant assistance in securing the arrest and extradition of Odunna. The United States also thanks the FBI International Operations Division, Africa Unit Legal Attaché Office, Abuja, Nigeria, Ministry of Justice, Central Authority Unit, Nigeria, and Economic and Financial Crimes Commission, Nigeria for their valuable assistance.

Assistant U.S. Attorney Ana Maria Martinez is prosecuting the case. Assistant U.S. Attorney Daren Grove is handling asset forfeiture.

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

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 14-cr-20349.

Danny Noble, 55, Baldwin, New York, has been arraigned on an indictment in which he is charged with filing a deed purporting to be the rightful owner of a three-family house, valued at over $2 million, in Fort Greene, Brooklyn.

According to the indictment, between September 1, 2023, and September 15, 2023, the defendant falsely transferred the title to 71 Carlton Avenue, Fort Greene, Brooklyn a three-story house in Fort Greene valued at approximately $2,170,000.

The defendant allegedly filed a deed, recorded on September 15, 2023, in which he purported to be the rightful owner of 71 Carlton Avenue. He then allegedly initiated a quiet title action in Brooklyn Supreme Court, seeking a judicial order declaring him the rightful owner of the property. The actual owner, 71 Carlton LLC, learned of the fraudulent deed and contacted the Brooklyn DA’s Action Center in December 2024.

The property’s title was also illegally transferred in 2010.

As part of the 2023 scheme, it is alleged, the defendant filed false documents with the New York City Department of Finance, Office of the City Register, which maintains land records and other real property filings in New York City, including records relating to ownership and encumbrances, such as liens and mortgages.

Noble was arraigned today by Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with first-degree grand larceny, first-degree falsifying business records and first-degree offering a false instrument for filing. He was ordered held on $300,000 cash bail or $2.5 million bond, and to return to court on April 23, 2025.

Brooklyn District Attorney Eric Gonzalez made the announcement today.

District Attorney Gonzalez said, “Real estate fraud is a serious threat to homeowners, and in Brooklyn, we will not tolerate scammers who try to steal property through deception. This alleged scheme was uncovered thanks to the rightful owner’s vigilance, and we will now seek to hold the defendant accountable. Our Real Estate Fraud Unit is dedicated to protecting property owners, and we will continue to aggressively investigate and prosecute those who undermine the security of homeowners and the integrity of property ownership.”

The District Attorney offered the following tips to homeowners to protect themselves:

  • Make sure the NYC Dept. of Finance has the correct address to receive property notices.
  • Designate a trusted family member or friend to receive notices if you are unable.
  • Register with the NYC Department of Finance to receive automatic notifications regarding any changes to your deed or property records.
  • Never sign any contract you do not understand.
  • For more information visit http://brooklynda.org/deedfraud/

The District Attorney thanked KCDA Detective Investigators and Investigations Division
Intelligence Analyst Yacelys Corona for their assistance on the case.

The case is being prosecuted by Assistant District Attorney Richard Farrell, Chief of the District Attorney’s Real Estate Fraud Unit, under the supervision of Assistant District Attorney Gregory Pavlides, Chief of the District Attorney’s Frauds Bureau and Assistant District Attorney Michel Spanakos, Deputy Chief of the Investigations Division, and the overall supervision of Assistant District Attorney Patricia McNeill, Chief of the Investigations Division.

 

James Henley, 35, Greenwood, Indiana, has been sentenced to ten years in federal prison, followed by three years of supervised release after pleading guilty to aggravated identity theft, conspiracy to commit access device fraud, two counts of money laundering, and eight counts of wire fraud. Henley has also been ordered to pay $1,887,426.63 in restitution.

According to court documents, over the course of three years, Henley orchestrated multiple large and complex fraud schemes, resulting in a total loss of $2,927,758.95 to individual homeowners, an Indiana attorney, a bank, and ten state governments. As part of his fraud schemes, Henley registered five fake businesses (OnTrack Real Estate Solutions, LDI Investments Corp, Lucario Investments, 317 Traffic, and Henley Real Estate Solutions) with the states of Indiana and Kentucky, claiming to serve as the Chief Executive Officer for most of them. None of the businesses were legitimate. Instead, Henley used the businesses to mask his identity, make his schemes appear more credible, and launder the stolen money.

Henley’s schemes are broken down as follows:

Home Title Fraud:

Between December 2021 and May 2023, Henley stole five homes in Indianapolis by filing fraudulent deeds with the Marion County Recorder’s Office. Through the filings, Henley claimed that the homeowners had sold their homes to his fake businesses, but, in reality, he had never even spoken with the homeowners.  Unbeknownst to the victims, Henley filed these fraudulent deeds and then sold the homes for significantly less than their market value, pocketing more than $260,000 in profits.

Henley also attempted to steal and sell an additional 14 homes in Indianapolis and Evansville.  With one exception, the individuals who bought the homes from Henley took possession and ultimately kept the homes.

For one homeowner, the property Henley stole was her childhood home. She purchased the home while her mother was in the hospital with the hope that, when her mother’s condition improved, her mother would be able to live out her remaining years in the house.

Mortgage Fraud:

In November 2021, an associate of Henley’s purchased a home in Indianapolis, using a mortgage loan from a bank.  In April 2022, Henley filed a fraudulent document with the Marion County Recorder’s Office to make it seem as if the mortgage loan had been paid off, when it had not been paid. Henley then filed a deed naming himself a joint owner of the home. Henley and his associate subsequently sold the property for $255,000, pocketing all the proceeds, even though the bank should have received the majority of the funds.

COVID-19 Fraud:

Between May 2020 and March 2021, James Henley, his wife Jameka Henley, and his associate Jimmie Bickers used the stolen personally identifiable information of 76 real individuals to submit 120 unemployment insurance applications to ten states during the COVID-19 pandemic. Once the applications were approved, the trio used 65 unemployment insurance debit cards to make purchases at retailers and withdraw cash at ATMs in the Evansville and Indianapolis areas. The states paid a total of $1,119,426.63 in unemployment benefits in connection with the group’s fraudulent applications.  In July 2020, Henley used funds withdrawn from ATMs to buy a Chevrolet Camaro for $22,801.

Bickers and Jameka Henley have been formally charged for their roles in this scheme but have not pleaded guilty.

Auto Loan Fraud:

In March 2023, Henley purchased a Dodge Durango in Indianapolis for $71,479, using an auto loan from Everwise Credit Union. A few months later, in June 2023, Henley purchased a Chevrolet Silverado in Plainfield for $54,270, using a second loan from Everwise Credit Union.

In October 2023, Henley connected a JPMorgan Chase bank account to his auto loans, via Everwise’s online payment portal.  Henley falsely represented that the Chase account belonged to Jimmie Bickers, and that he had authority to make payments on his loans using funds from the Chase account.

The Chase account was actually an Indiana attorney’s Interest on Lawyers’ Trust Account (IOLTA), which is a highly regulated bank account used by lawyers to hold client funds.  The interest earned on IOLTA accounts is used to fund grants for nonprofit groups that promote pro bono and access to justice programs. Henley did not have the attorney’s permission to access or withdraw funds from the IOLTA account.

Between October and November 2023, Henley used the IOLTA account to make two payments, totaling $98,000, toward his auto loans.

Henley has prior felony convictions for financial crimes, including theft, forgery, and fraud.

James Henley went to great lengths to coordinate exceptionally greedy, complex schemes that exploited hard-working families and state government programs,” said John E. Childress, Acting U.S. Attorney for the Southern District of Indiana. “Undeterred by prior felony convictions for the same conduct, this defendant stole over a million dollars, wreaking financial and logistical havoc on hundreds of victims. The Department of Justice will continue to work with our law enforcement partners to investigate allegations of fraud and seek prosecution as appropriate.

James Henley filed fraudulent unemployment insurance (UI) claims in the names of identity theft victims in order to receive UI benefits to which he was not entitled. He enriched himself by defrauding a program that was intended to assist struggling American workers during an unprecedented global pandemic,” said Megan Howell, Acting Special Agent-in-Charge, Great Lakes Region, U.S. Department of Labor, Office of Inspector General. “We and our law enforcement partners are committed to protecting the integrity of the UI system from those who seek to exploit this critical benefit program.”

This lengthy prison sentence sends a clear message: individuals who attempt to exploit and commit financial crime and identity theft will be brought to justice,” said Ramsey E. Covington, Acting Special Agent in Charge, IRS Criminal Investigation, Chicago Field Office. “IRS Criminal Investigation and our fellow law enforcement partners are committed to protecting the integrity of our financial institutions and will continue to hold criminals like James Henley accountable to the fullest extent of the law.

This case should serve as a powerful reminder that individuals with a history of financial crimes will face significant consequences when they demonstrate a blatant disregard for the law and continue to exploit and deceive others for personal gain,” said FBI Indianapolis Special Agent in Charge Herbert J. Stapleton. “The FBI, working alongside our law enforcement partners, will continue to hold those who perpetuate such offenses accountable and protect the public from those who manipulate the system for their own benefit.”

The Federal Bureau of Investigation, Internal Revenue Service-Criminal Investigation, Department of Labor-Office of the Inspector General, and the Indiana Attorney General’s Office Homeowner Protection Unit investigated this case. The sentence was imposed by U.S. District Judge Matthew B. Brookman.

Acting U.S. Attorney Childress thanked Assistant U.S. Attorney Matthew Miller, who prosecuted this case.

On May 17, 2021, the 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 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.

Anyone with information about allegations of attempted fraud involving COVID‑19  can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form

 

Thomas C. Goldstein, Chevy Chase, Maryland, and Washington, D.C., an attorney, was indicted today on a 22-count indictment,of tax evasion, assisting in the preparation of false tax returns, failing to pay taxes, and making false statements to two separate mortgage lenders.

According to the indictment, in 2021, Goldstein, the sole owner of Goldstein & Russell, P.C., a boutique law firm specializing in appellate litigation, including litigation before the United States Supreme Court. Goldstein allegedly submitted false mortgage applications to two separate mortgage lending companies, seeking financing to purchase a $2.6-million home in Washington, D.C.  On those mortgage applications — which required Goldstein to list all his liabilities and debts — Goldstein allegedly omitted millions of dollars of liabilities, including more than $14 million he owed at the time on two promissory notes, as well as taxes he owed to the IRS.  Goldstein’s false statements to one of the mortgage lenders allegedly enabled him to obtain a $1.98 million loan.

Also, between 2016 and 2023, Goldstein allegedly engaged in a scheme to evade his taxes.  Goldstein allegedly took various steps to carry out his scheme, including diverting legal fees that were due to the law firm to his personal bank account, and then using them to pay personal poker-related debts; using the law firm’s assets to satisfy his personal poker debts and falsely classifying those payments as “legal-fee” expenses on the firm’s books and records; and using firm assets to pay salaries and health insurance premiums for people with whom Goldstein had a personal relationship but who performed little or no work for the law firm and did not qualify for its health insurance.

Goldstein also allegedly did not report, or falsely understated, millions of dollars of gambling winnings on his tax returns. In addition, for 2016 through 2021, except 2018, Goldstein allegedly did not pay the taxes he self-reported were due on his returns, while simultaneously spending millions of dollars on personal expenses such as gambling debts, travel, vacation rentals, and luxury goods.

If convicted, he faces a maximum sentence of five years in prison for each of the tax evasion charges; three years for each count of assisting in the preparation of false tax returns; a maximum of one year on each of the five counts charging willful failure to pay taxes; and 30 years for each count of making false statements to mortgage lenders. He also faces a period of supervised release, monetary penalties, and restitution.

IRS Criminal Investigation and the Federal Bureau of Investigation are investigating the case.

U.S. Attorney Erek L. Barron announced the indictment with Deputy Assistant Attorney General David A. Hubbert, Department of Justice Department, Tax Division.

Assistant U.S. Attorney Patrick Kibbe, of the District of Maryland, Senior Litigation Counsel Stanley Okula, and Trial Attorneys Emerson Gordon-Marvin and Hayter Whitman, of the Tax Division, are prosecuting the case.

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

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.

 

Mark Steven Diamond ,68, Chicago, Illinois, a businessman was sentenced today to more than 17 years in federal prison for bilking elderly homeowners in a reverse mortgage and home repair scheme.

Diamond schemed with others to induce homeowners to unwittingly obtain reverse mortgage loans to pay for purported home repairs that Diamond offered to perform.  Diamond and the co-schemers targeted elderly victims in the Chicago area based on the amount of equity in their homes and their relative lack of financial sophistication.  In some instances, Diamond concealed from the homeowners that they were applying for reverse mortgage loans by falsely representing that they needed to sign certain documents to start the repair work, when, in fact, the documents that Diamond caused them to sign were related to applying for the loan.  After the loans were approved and originated by co-schemers, Diamond fraudulently pocketed the loan proceeds and often failed to perform any repairs.

Diamond pleaded guilty last year to a federal charge of wire fraud affecting a financial institution.  In addition to the 205-month prison sentence, U.S. District Judge Franklin U. Valderrama ordered Diamond to pay $2.7 million in restitution.

All four co-schemers charged in the investigation – loan originators Gary Bohn, Hoffman Estates, Ill., and Matthew Fefferman, Munster, Indiana., Diamond’s employee Cynthia Wallace, Sauk Village, Illinois., and title agency owner Forrest C. Fawcett, Fort Lauderdale, Florida – previously pleaded guilty and admitted their roles in the fraud. They are awaiting sentencing.

The sentence was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, Rae Oliver Davis, Inspector General for the U.S. Department of Housing and Urban Development Office of the Inspector General, Douglas S. DePodesta, Special Agent-in-Charge of the Chicago Field Office of the FBI, and Kwame Raoul, Illinois Attorney General. The government was represented by Special Assistant U.S. Attorney Brian P. Netols and Assistant U.S. Attorney Erin Kelly.

Mark Diamond repeatedly preyed on the elderly for years,” said Acting U.S. Attorney Pasqual.  “He damaged the most vulnerable in our community, both financially and personally. We will continue to work with our law enforcement partners to hold accountable anyone who seeks to deceive elderly homeowners through fraud.”

Diamond’s scheme defrauded more than 100 elderly and vulnerable homeowners, preying upon their trust and devastating them financially,” said HUD-OIG Inspector General Davis.  “His sentencing today is a sobering reminder of the unique harm caused by predatory reverse mortgage schemes.  These egregious criminal acts will not be tolerated, and my agency will continue to work with our law enforcement partners to hold other individuals like Diamond accountable for their actions.”

The reverse mortgage fraud scheme perpetrated by the defendant preyed on some of the most vulnerable Chicagoans,” said FBI Chicago SAC DePodesta.  “Combatting white-collar crime stands as a foremost priority for the FBI.  With the assistance of our law enforcement partners, we will continue to investigate and dismantle financial fraud schemes aimed at harming members of our community.

Many of these victims were older homeowners who worked and saved their entire their lives, and their only mistake was trusting an individual who specifically targeted them to be victims of his scam,” said Attorney General Raoul.  “My office is proud to partner with the U.S. Attorney for the Northern District of Illinois, the Department of Housing and Urban Development’s Office of Inspector General in Chicago, and the Chicago Field Office of the FBI to obtain a degree of justice for the victims who were defrauded.  This sentence underscores the importance of the state-federal law enforcement collaborations that support my office’s work to hold accountable individuals who prey upon our most vulnerable residents.”