Archives For November 30, 1999

If you are involved in fraud detection and prevention in the mortgage industry or have attended an event where I have spoken over the past few years, you are no doubt aware that the Sovereign Citizen movement has been targeting the mortgage industry.  The one most prominent in my mind is, of course, the Dorean Group.  Its ringleaders, Scott Heineman and Kurt Johnson were a were a frequent topic on the blog during 2005 and through their trial, sentencings and appeals.  Although Sovereign Citizens at times become engaged in mortgage fraud because of certain beliefs concerning the history of our currency and a misreading of the law, their impact and involvement in the mortgage industry is tangential to their ideology – which is grounded in conspiracy theory.  In 2013, I wrote an article entitled Fraud From the Fringe – the Sovereign Citizen Movement and the Rise of Mortgage Elimination Schemes, published in Mortgage Banking Magazine, that provides more explanation.  The Southern Poverty Law Center and the Anti-Defamation League also have resources on Sovereign Citizen ideology.

I am always interested in news on Sovereign Citizen activity and prosecutions – even when not related to mortgage.  Some of the conduct they engage in can be incredibly harassing to the people they target – be it a private citizen or a government figure.  The everyday engagements that give rise to retaliation can be very minor in the eyes of the non-Sovereign Citizen and yet the backlash can be astounding – the worst, of course, being examples of public safety officers gunned down during traffic stops.  But, ordinary, every day social or business interactions can also result in economic threats or the filing and recording of legal documents that can be difficult to appropriately address. Continue Reading…

George Dravilas, real estate broker, 37, Medinah, Illinois, was sentenced to 16 months in federal prison for his role in a mortgage fraud scheme involving a pair of Chicago apartment buildings.  Dravilas pled guilty in February to one count of bank fraud.  In addition to the prison term, U.S. District Judge Gary Feinerman ordered Dravilas to pay $463,110 in restitution.  Dravilas will begin serving his sentence no later than Sept. 21, 2015. Continue Reading…

Hector Hernandez, real estate developer and owner of a mortgage company, 57, Miami, Florida; Aleida Fontao, co-owner of a mortgage company, 62, Miami, Florida; and Olga Hernandez, senior mortgage underwriter, 58, Lake Mary, Florida, each pleaded guilty to conspiracy to commit wire fraud affecting a financial institution in connection with an FHA mortgage fraud scheme involving federally insured mortgages that caused losses of $64 million to the Federal Housing Administration (FHA).  Including these defendants, 25 individuals have pleaded guilty to offenses related to this scheme to date..  Hector and Olga Hernandez both pleaded guilty on July 13, 2015, while Fontao pleaded guilty on July 7, 2015.  As part of his plea, Hector Hernandez also agreed to forfeit $8 million, which amounts to his profits from the scheme.

Hector Hernandez’s mortgage company, Great Country Mortgage Bankers, specialized in mortgage loans that were insured by the FHA. Continue Reading…

Olga Palamarchuk, 45, Rancho Cordova, California; Pyotr Bondaruk, 44, Sacramento, California; Vera Zhiry, 35, Sacramento, California; and Peter Kuzmenko, 37, West Sacramento, California, were found guilty by a federal jury after a three week trial 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. Continue Reading…

Real estate investor set to be sentenced Monday in fraud case

After several delays, Fredericksburg-area real estate investor James Ashby Moncure is scheduled to be sentenced Monday in federal court for wire fraud and illegal monetary transactions.

Prosecutors want the 42-year-old father of two to serve more than seven years in federal prison and pay $8.2 million in restitution, according to documents in U.S. District Court in Richmond.

 

Tips to help you avoid foreclosure rescue scams

Imagine that you are one of the hundreds of thousands of New Yorkers at risk of losing your home. You’ve fallen behind on mortgage payments, and — the home that you worked hard to buy for your family is suddenly in jeopardy.

One day, you get a call from a company offering the help you so desperately need. A soothing voice on the other end of the phone line promises that you will be able to save your home. Desperate for any solution, you arrange a monthly payment plan, relieved that your nightmare is finally coming to an end.

 

David Brandon Ball, 35, Charleston, West Virginia, was sentenced to 37 months in federal prison for defrauding timeshare owners throughout the United States and Canada.

Ball and an associate, David Andrew Glynn, formed Mountain State Resales, LLC (MSR), a bogus company used to defraud timeshare owners of money. Ball and his associates told timeshare owners that MSR had a buyer for their timeshares and persuaded them to advance money to MSR in South Charleston to cover fees and expenses necessary for the sales. In truth, however, MSR had no buyers for the timeshares. Ball knew that the timeshare owners would not receive anything in return for money sent to MSR. Continue Reading…

Couple’s trial opens in $300M vacation rental fraud case

A federal trial began Wednesday for a married couple accused of orchestrating a $300 million fraud involving thousands of investors who were promised big profits by purchasing dilapidated properties in the Florida Keys and elsewhere that would be transformed into luxurious resorts.

 Instead, prosecutors say Fred Davis “Dave” Clark Jr., former president of now-defunct Cay Clubs Resorts and Marinas, and Cristal Clark, a top sales agent, defrauded banks and about 1,400 individual investors through a series of misleading marketing materials and false statements. The investors in some cases were promised quick returns of 15 to 20 percent, according to court documents.

Stavroula Mendez, 68, real estate developer, was sentenced to 135 months in prison; Lazaro Mendez, 42, real estate developer, was sentenced to 108 months in prison; and Marie Mendez, 49, real estate developer, was sentenced to 57 months in prison in connection with their roles in a mortgage fraud scheme that caused losses of $27.8 million.  U.S. District Judge Patricia A. Seitz of the Southern District of Florida also ordered each of the defendants to forfeit $35,252,331 in fraudulent proceeds and to pay $21,240,064 in restitution.  In November 2014, all three defendants were convicted of wire fraud, bank fraud and conspiracy.  Eleven other co-conspirators were previously convicted of fraud in connection with the scheme. Continue Reading…

Mohamed Daoud, 50, a Norwegian businessman, has pleaded guilty to laundering the proceeds of a complex scheme to steal real property. According to his plea agreement, between July 2012 and February 2013, Daoud helped to launder some of the millions of dollars in proceeds generated by a group of confederates who posed as the real owners of Southern California homes in order to “sell” the properties to unsuspecting buyers—who later learned that they had actually purchased nothing. Immediately after each sale, Daoud admitted, the confederates would disburse the money, ensuring that the funds vanished and the buyers could not recover their stolen money. Continue Reading…