Archives For November 30, 1999

Olga Palamarchuk, 45, Rancho Cordova, California was sentenced to five years and 10 months in prison; Pyotr Bondaruk, 44, Sacramento, California, was sentenced to five years and 11 months in prison; Vera Zhiry, 35, Sacramento, California, was sentenced to three years and one month in prison; and Peter Kuzmenko, 37, West Sacramento, California, was sentenced to five years and 11 months in prison, two years of which is to be served consecutively to the 19-year sentence he received for another mortgage fraud scheme.

In July 2015, after a three-week trial, a federal jury found the four defendants guilty of conspiracy to commit mail fraud related to a mortgage fraud conspiracy. Palamarchuk and Bondaruk were also found guilty of making false statements to a financial institution and money laundering. Zhiry was also found guilty of money laundering.

According to evidence presented at trial, Palamarchuk, a loan officer at Capital Mortgage Lending Inc., recruited Bondaruk to purchase two houses using 100 percent financing and to refinance and obtain a home equity line of credit on one of the houses. In order to qualify for the loans, Palamarchuk and Bondaruk submitted fraudulent loan applications to lenders, falsely stating Bondaruk’s employment, income, assets, and intent to occupy the homes as his primary residence.

In addition, the defendants fraudulently inflated the value of the properties and diverted the excess funds to themselves. For example, Peter Kuzmenko received $32,378 in seller’s proceeds for landscaping and pool work his company Pete’s Pool Service purportedly performed on a house without a pool. Similarly, Zhiry received $100,000 to pay off a purported debt owed by the sellers that the sellers denied existed, and Zhiry provided $40,000 of that money back to Olga Palamarchuk.

“The mortgage crisis damaged the national economy and the Sacramento region was especially hard hit. Without individuals like these defendants, who lied on loan applications, lied to lenders and continued to lie to federal agents, this could not have happened,” United States Attorney Benjamin B. Wagner stated. “We will do what is necessary to ensure that those who took advantage of a system based largely on trust and honesty are held accountable.”

“This case can be summarized in one word: greed. The defendants wanted to make a quick buck and they did that by committing fraud,” said Supervisory Special Agent Dan Bryant of the FBI’s Sacramento field office. “The sentences imposed by Judge Nunley send a clear message to others in our community thinking about breaking the law for financial gain; it’s not worth it.”

“Today’s sentencing closes the chapter on this conspiracy of fraud,” said Thomas McMahon, Acting Special Agent in Charge, IRS Criminal Investigation. “The damage caused by these defendants cannot be overstated. Fraud in the mortgage industry has played a major role in almost crippling this nation’s economy. IRS-CI will continue to investigate individuals who engage in deceptive and fraudulent behavior, fueled by greed.”

This case was the product of an investigation by the Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigation. Assistant United States Attorneys Lee S. Bickley and Heiko P. Coppola are prosecuting the case.

These sentences bring to 11 the number of defendants sentenced this week for mortgage fraud offenses. On Monday, Bakersfield residents Lucia Yolanda Chavez, 37, was sentenced to four years in prison, and Joseph Chavez, 41, was sentenced to three years in and were ordered to pay $1.8 million and $1.44 million in restitution respectively. On Tuesday in Sacramento, Hubert Rotteveel, 52, of Dixon, was sentenced to three years and four months in prison; Peter Kuzmenko, 37, of West Sacramento, was sentenced to 19 years in prison; Aaron New, 41, of Sacramento, was sentenced to 11 years and three months in prison; Nadia Kuzmenko, 36, formerly of Loomis, was sentenced to eight years in prison; and Edward Shevtsov, 51, of North Highlands, was sentenced to eight years in prison.

George Price, 42, a former Miami-Dade Police Department officer, was sentenced to 48 months in prison, to be followed by three years of supervised release for his participation in a wire fraud scheme, arising out of the operation of a series of credit repair businesses.  Price previously pled guilty to conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349. He was sentenced by U.S. District Judge Jose E. Martinez

According to court documents, Price and his co-conspirators participated in a scheme to provide false police reports to individuals operating credit repair businesses. A co-conspirator would provide Price with identifying information of credit business customers. Price would then create false police reports, using the customers’ identifying information. The police reports would falsely represent that the customers had reported to the Miami-Dade Police Department facts consistent with having been victims of identity theft.  Price would cause the false police reports to become official records of the Miami-Dade Police Department. A member of the conspiracy would cause the false police reports created by Price to be transmitted to credit reporting agencies in order to induce the removal of negative items from the credit histories of the alleged victims identified in the false police reports. Price created the false police reports in order to promote the success of the credit businesses and in return would receive payment from his co-conspirators.

Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and J.D. Patterson, Director, Miami-Dade Police Department (MDPD), made the announcement. Mr. Ferrer commended the investigative efforts of the FBI Miami Area Corruption Task Force and MDPD Professional Compliance Bureau. This case was prosecuted by Assistant U.S. Attorney Michael Davis.

James Hurst Miller Jr., 67, Paso Robles, California, the former president of the Atascadero-based Hurst Financial Corporation, to 84 months in federal prison for misappropriating millions of dollars that victims invested in Central Coast real estate projects and for helping a real estate developer defraud a bank.

Miller’s case is related to that of Kelly Gearhart, a former Central Coast real estate developer, who was sentenced in July to 14 years in federal prison. Continue Reading…

Peter Kuzmenko, 37,  West Sacramento, California, was sentenced to 19 years in prison; Aaron New, 41, Sacramento, California, was sentenced to 11 years and three months in prison; Nadia Kuzmenko, 36, formerly of Loomis, California, was sentenced to eight years in prison; and Edward Shevtsov, 51, North Highlands, California, was sentenced to eight years in prison for their involvement in a mortgage fraud scheme that cost financial institutions approximately $16 million.

On February 13, 2015, after a 21-day trial, a federal jury found the four defendants guilty of multiple counts of mail and wire fraud associated with their involvement in the mortgage fraud scheme. In addition, Peter Kuzmenko, Edward Shevtsov, and Aaron New were found guilty of money laundering associated with the scheme, and Nadia Kuzmenko was found guilty of witness tampering. Continue Reading…

Eliseo Jara Jr., 36, Bakersfield, California, was sentenced to six and a half years in prison for conspiracy to commit bank fraud, mail fraud, and wire fraud, and was ordered to pay $4.3 million in restitution. Sergio Jara, 34, Bakersfield, California, was sentenced to six and a half years in prison for conspiracy to commit bank fraud, mail fraud, and wire fraud, and was ordered to pay $3,249,624 in restitution. Melissa Rochelle Jara, 34, Bakersfield, California, was sentenced to time served and five years on supervised release for wire fraud, and was ordered to pay $271,171 in restitution. The Jaras were also ordered to forfeit their interests in six properties in Bakersfield, a 2007 Lexus, and approximately $110,419 seized from a bank account, and to pay personal forfeiture money judgments of $5,664,250 as to Eliseo Jara, $4,743,500 as to Sergio Jara, and $534,750 as to Melissa Jara. Prior to sentencing, Sergio and Melissa Jara also deposited approximately $148,000 with the Court toward their restitution obligations. Continue Reading…

Feds dismiss charges against Brazilian in Miami bank-fraud case

Brazilian Arnaldo Prado flew into Miami for Easter weekend to visit with his mother on exclusive Fisher Island. Prado had made the trip many times before, but this one would be different.

More than a dozen FBI agents arrested him and his mother, Maura Lopes, on charges of participating in a multimillion-dollar mortgage fraud scheme along with four others — including the mother’s ex-husband, who is Prado’s former stepfather.

 But after Prado was jailed without bond for six months at a federal detention center in Miami, the U.S. attorney’s office dismissed the charges this week against the 34-year-old sugar farmer — without explanation.

 

Angela M. Blythe, attorney, 51, Oakland, Maryland, was convicted by a federal jury of conspiring to commit bank fraud, bank fraud and two counts of making a false statement to a bank.  Blythe was an attorney licensed to practice in Maryland and West Virginia, with an office in Oakland, Maryland.  She was a settlement attorney in real estate transactions.

According to evidence presented at the nine day trial, from 2000 to 2006, Blythe prepared deeds, mortgages and notes using false identities provided by her co-conspirator.  Blythe recorded those fraudulent documents in Garrett County, Maryland and Preston County, West Virginia, which concealed her co-conspirator’s ownership of the properties.  On at least seven occasions, Blythe also conducted property settlements in which her co-conspirator participated as buyer, seller and/or borrower using the false identities, which Blythe concealed from the lenders. Blythe failed to conduct the settlement transactions as described on the settlement statements and paid over the seller’s proceeds as her co-conspirator directed. Continue Reading…

Elizabeth Calderon, 39, Salinas, California, and Esther Sanchez, also known as Trinidad Carrillo, 54, Salinas, California, were indicted by a federal grand jury on charges of filing false tax returns, theft of government funds, aggravated identity theft, making false statements to federally insured institutions, and conspiracy,

Calderon and Sanchez are charged with conspiring to submit a loan application to Bank of America that contained false information and was supported by counterfeited documents.   According to the indictment, beginning on or about November 24, 2010, and continuing to the present, Calderon has been a professional tax return preparer and many of the charges against Calderon arise from this tax work Continue Reading…

A Georgia real estate investor pleaded guilty today for his role in conspiracies to rig bids and commit mail fraud at public real estate foreclosure auctions in Fulton and DeKalb counties, Georgia.

Morris Podber, a Georgia real estate investor, pleaded guilty for his role in conspiracies to rig bids and commit mail fraud at public real estate foreclosure auctions in Fulton and DeKalb counties, Georgia. Podber admitted that he conspired with others not to bid against one another at public real estate foreclosure auctions on selected properties. After the public foreclosure auctions, Podber admitted that he and his co-conspirators would divvy up the targeted properties in private side auctions, open only to the conspirators. Podber admitted to conspiring to use the mail to carry out their fraud, which included making and receiving payoffs and diverting money to co-conspirators that should have gone to the mortgage holders and others. Continue Reading…

Glenn Jasen, Spring Hill, Florida and Kathryn Jasen, Spring Hill, Florida, were found guilty of wire fraud by a federal jury.  They each face a maximum penalty of 20 years in federal prison. The sentencing hearings are scheduled for January 11, 2016. They were indicted on July 15, 2015. 

According to testimony and evidence presented at trial, in 2009, the Jasens discovered a sinkhole beneath their home in Hernando County, Florida, and made a claim to Citizens Property Insurance. Citizens offered the Jasens either a check to compensate for their losses or mitigation of the sinkhole. Rather than having Citizens repair the developing sinkhole, the Jasens instead chose to receive a check for $153,745.37. But they kept the money and did not repair the sinkhole. The Jasens then made cosmetic repairs to the house and listed it for sale in 2013, but kept the sinkhole a secret from prospective buyers. In fact, on a required Florida real estate disclosure form, the Jasens denied any knowledge of a prior sinkhole or sinkhole claim. The home was ultimately sold to a family with five children. In March 2015, the family heard what sounded like a car crash in the earth beneath their house. They soon discovered a crack running across the floor of the house, and immediately had to evacuate.

This case was investigated by the Florida Department of Law Enforcement Tampa Bay Regional Operations Center. It is being prosecuted by Assistant United States Attorney Thomas N. Palermo.