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Seattle Post Intelligencer (blog)The Department of Justice has filed suit against Golden First Mortgage Corp. and its owner David Movtady for Federal Housing Administration loan fraud. The suit, filed in Manhattan Federal Court, alleges the mortgage company’s fraudulent loan …Feds charge another bank with mortgage fraud Seattle Post Intelligencer (blog)Feds accuse New York mortgage lender of fraud GIMBY (blog)Golden First Mortgage Slapped With Federal Fraud Lawsuit Mortgageorb LoanSafe  – American Banker (subscription)  – Courthouse News Serviceall 21 news articles »

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Source: Reverse Mortgage Daily

The Queens District Attorney’s Office and the state Department of Financial Services allege attorney Michael Gangadeen, his sister, and a former mortgage consultant at Wells Fargo Home Loans conspired to fraudulently obtain mortgage proceeds from six …

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Source: New York Law Journal (registration)

Edward Johnson, 52, Milton, Massachusetts, pled guilty to bank and wire fraud charges in connection with a property flipping scheme.

The defendant entered his plea before U.S. District Judge Denise J. Casper to bank fraud and six counts of wire fraud.

According to the indictment, from May through July 2006, Johnson recruited two financially unqualified individuals to buy multiple properties in Dorchester and Mattapan, Massachusetts. To secure their participation in the scheme, Johnson, or others acting with him, promised these individuals that they would have no responsibility for any expenses or payments on the property. Johnson promised that the individuals would hold the titles in their name for a few months until the property was improved and sold, and in exchange, they would receive a payment for each property purchased.

The individuals acted under the assumption that this would improve their credit so they could eventually buy their own homes. Johnson, and others, submitted false mortgage applications on behalf of these individuals that misrepresented their income, employment, prior indebtedness, and intention to reside in the purchased properties. The mortgages were not paid as promised and all of the properties went into foreclosure.

Sentencing is scheduled for June 27, 2013. On the charge of bank fraud, the sentence under the statute is a maximum of 30 years in prison, followed by five years of supervised release and a $1 million fine. For wire fraud, the sentence under the statute is a maximum of 20 years in prison, followed by three years of supervised release and a $250,000 fine.

United States Attorney Carmen M. Ortiz; Cary Rubenstein, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of the Inspector General, New York Regional Office; Kevin Niland, Inspector in Charge of the U.S. Postal Inspection Service; Richard DesLauriers, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Boston Police Commissioner Edward Davis made the announcement today. The case is being prosecuted by Assistant U.S. Attorneys Lori J. Holik and Sandra S. Bower of Ortiz’s Economic Crimes Unit.

Larry Duwayne Woods, 69, pled guilty in federal court in Florence, South Carolina, to wire fraud, a violation of Title 18, United States Code, Section 1343. United States District Judge Terry L. Wooten of Florence, South Carolina, accepted the plea and will impose sentence after he has reviewed the presentence report, which will be prepared by the U.S. Probation Office.

According to the indictment and evidence presented at the change of plea hearing established that in 2004 and 2005, David Thomas Hix and Jeffrey Shoup (as previously reported by Mortgage Fraud Blog, both were previously convicted for related charges) were operating T&J Development Inc. and attempted to develop condominium and marine projects in North Myrtle Beach called Bahama Island and Crystal Palace. Hix and Shoup unsuccessfully attempted to obtain financing from banks. They were then introduced to Larry Duwayne Woods who promised that he could finance the properties by providing $145,000,000 in financing. Hix and Shoup had been pre-selling the condominium units resulting in over $5,000,000 being placed in an account at the National Bank of South Carolina (NBSC), Myrtle Beach.

Woods convinced Hix and Shoup that they needed to wire this money to a stock account, which he had opened in New York. On October 10, 2006, Hix and Shoup wired $3,500,000 from the NBSC account to Woods‘ New York account. Woods returned some of the money, which was used to pay investors or misused by Hix and Shoup. Approximately $2.200,000 of the money was kept by Woods.

The maximum penalty Woods can receive is a fine of $250,000 and/or imprisonment for 20 years, plus a special assessment of $100.

United States Attorney Bill Nettles announced the guilty plea.

The case was investigated by agents of the Federal Bureau of Investigation. Assistant United States Attorneys William E. Day, II, of the Florence office, and Winston Holliday and Jamie Schoen, of the Columbia office, handled the case.

Aaron G. Seltzer, 36, Trappe, Maryland, on nine counts of wire fraud in connection with a scheme in which he converted funds intended for real estate investments to his personal use. The indictment was returned on March 14, 2013, and unsealed upon Seltzer‘s arrest.

According to the nine-count indictment, Seltzer was a licensed Maryland attorney who handled real estate transactions and maintained an office in Crofton, Maryland. The indictment charges that from January 2008 through 2010, Seltzer offered victims fraudulent investment opportunities then diverted the money intended for the investments for his own benefit. The indictment alleges that Seltzer obtained a total of $747,860 through eight fraudulent transactions and seeks forfeiture of that amount as the proceeds of the scheme.

For example, Seltzer offered to sell an investor 45 percent of an Anne Arundel County real estate company, claiming that he owned 100 percent of the stock, assets, and liabilities of the company, when in fact, he did not. The investor sent a total of $92,000 to Seltzer, which Seltzer allegedly used for his own benefit. During the summer of 2009, Seltzer contacted a lawyer in New York and represented that a client of Seltzer‘s was seeking a business loan. According to the indictment, Seltzer proposed that the loan be secured by a mortgage on three commercial properties located in Virginia, purportedly owned by Seltzer‘s client.

The New York attorney assembled a group of investors to fund the loan. Seltzer presented the attorney with a fraudulent promissory note, which Seltzer falsely claimed was signed by a representative of his client. Seltzer further falsely represented that he had conducted the closing for the loan and presented the attorney with fabricated closing documents. On behalf of the investors, the attorney wired Seltzer $497,527 to fund the loan, which Seltzer allegedly diverted to his own benefit.

Seltzer faces a maximum sentence of 20 years in prison on each of the nine counts of wire fraud. Seltzer is scheduled to have his initial appearance at 3:45 p.m. today in U.S. District Court in Baltimore.

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.

The indictment was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); and Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation.

The announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory, and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state, and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions, and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.

United States Attorney Rod J. Rosenstein praised HSI Baltimore and the FBI and for their work in the investigation and recognized the Maryland Attorney Grievance Commission for its assistance. Mr. Rosenstein thanked Assistant U.S. Attorney Leo J. Wise, who is prosecuting the case.

A Suffolk County attorney who was convicted of felony mortgage fraud has been disbarred by the Appellate Division, Second Department. Robert Michael Ibraham pleaded guilty on Jan. 11, 2012, to eight counts of residential mortgage fraud, Class C felonies.

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Source: New York Law Journal (registration)

Alicia Holmes, 49, pled guilty to a three-count indictment, charging Holmes with devising and operating a scheme to defraud individuals and entities of hundreds of thousands of dollars in accommodations, goods, services, and money.

Holmes pled guilty to one count of wire fraud, one count of mail fraud, and one count of providing a false address in furtherance of fraud in White Plains federal court before U.S. District Judge Kenneth M. Karas, who set a sentencing date for June 24, 2013.

According to the allegations in the indictment filed in White Plains federal court:

From at least in or about April 2007 through in or about May 2011, Holmes made false and fraudulent representations to hotel managers and staff, real estate brokers, property builders, home owners, and school administrators, among others, through e-mails, telephone calls, and letters, including statements that:

1) she owned and/or was in the process of purchasing certain high-end properties, including homes valued between approximately $6,255,000 and $17,000,000;

2) she had assets of great value that she would gain access to in as soon as a few days;

3) she required financial assistance from the victims until she was in possession of those assets; and

4) once she was in possession of her purported assets, she would use those assets to purchase certain high-end properties from some of the victims or to pay money that she owed to the victims.

Holmes did not have or reasonably expect to have access to assets of great value, did not own any high-end properties, and knew that her representations were false at the time she made them.

Holmes is eligible for enhanced penalties at sentencing because she continued her offense while on pretrial release. She faces a maximum term of imprisonment of 65 years, fines of up to $250,000 or twice the gross pecuniary gain or loss resulting from the offense, restitution to victims, and forfeiture of the proceeds of her offenses.

Preet Bharara, the United States Attorney for the Southern District of New York, announced the guilty plea.

Mr. Bharara praised the investigative work of the United States Postal Inspection Service and the Federal Bureau of Investigation.

This case is being handled by the Office’s White Plains Division. Assistant U.S. Attorneys Ilan Graff, Lee Renzin, and Anna M. Skotko are in charge of the criminal prosecution.

If you think you may have been a victim in this case or have additional information, please call Postal Inspector Patricia Thornton at 914-993-1930.

In January, Neal Sultzer of the now-defunct firm Ackerman, Raphan & Sultzer in Oceanside was sentenced in Manhattan federal court to two years in prison and two years of supervised release after pleading guilty to one count of conspiracy to commit wire …

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Source: New York Law Journal (registration)

James Cockinos, 58, Englewood Cliffs, New Jersey, a former mortgage broker and bank officer from Bergen County, New Jersey was arrested for allegedly conspiring to commit bank fraud to secure a $1.5 million residential loan. 

The defendant is charged by complaint with one count of conspiracy to commit bank fraud. The defendant allegedly defrauded Washington Mutual Bank (later acquired by JPMorgan Chase) in New York to secure the loan. He is expected to make his initial court appearance before U.S. Magistrate Judge Madeline Cox Arleo in Newark federal court this afternoon.

According to the criminal complaint:

Cockinos was the owner and president of Federated Mortgage Company of America (FMCA) as well as on the Board of Directors at Mariner’s Bank. Through FMCA, Cockinos served as the mortgage broker on a $1.5 million residential loan with Washington Mutual Bank in an application dated April 19, 2007. The borrower, identified as “Individual Two” in the complaint, applied for the loan at the request of a spouse, identified as “Individual One” in the complaint. There was no co-borrower on the loan.

The loan application indicated it was for the purchase of a $1.9 million home located in Englewood Cliffs, New Jersey. Cockinos fraudulently indicated in the application that he had obtained the information through a face-to-face interview with Individual Two, when no such interview took place. The application, in fact, falsely represented the employment, income, and assets of the applicant.

The application indicated that there was $400,000 in a joint account held by Individuals One and Two at Mariner’s Bank in New Jersey. Cockinos and Individual One had temporarily deposited $350,000 into the joint account for the purpose of misrepresenting Individual Two’s assets. Cockinos also directed a Mariner’s Bank employee to falsely verify that the account held $350,000 during the prior two months, when there was significantly less in the account during that time.

Washington Mutual ultimately approved a loan of $1.5 million. On September 25, 2008, JPMorgan Chase acquired the banking operations of Washington Mutual Bank. In 2010, Individual Two defaulted on the loan and the home went into foreclosure. It was sold March 16, 2012, leaving JPMorgan Chase with a loss of more than $500,000.

The bank fraud conspiracy charge carries a maximum potential penalty of 30 years in prison and a fine of $1 million.

U.S. Attorney Paul J. Fishman announced the charges.

U.S. Attorney Fishman credited special agents of the FBI, under the direction of Acting Special Agent In Charge David Velazquez in Newark, with the investigation leading to the charges and the arrest.

The government is represented by Assistant U.S. Attorney Zahid N. Quraishi of the U.S. Attorney’s Office Special Prosecutions Division in Newark.

The charge and allegations in the complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.

Eric Reilly, 34, Galloway, New Jersey, a former employee of The Vacation Ownership Group LLC, admitted to conspiring to defraud owners of timeshare properties.

The defendant pleaded guilty to an information charging him with one count of conspiracy to commit mail and wire fraud. Reilly entered his guilty plea before U.S. District Court Judge Noel L. Hillman in Camden federal court.

According to documents filed in this case and statements made in court:

The Vacation Ownership Group, a/k/a VO Group LLC, purported to offer owners of timeshares consulting services, including timeshare cancellation services. In September 2010, Reilly started working at the VO Group and was trained by VO Group managers to call customers using a prepared script and regularly lie to customers. Reilly would call customers and falsely state that he was calling in response to a complaint they had made to timeshare developers and lenders. He gave customers the false impression that he was working for Wyndham Vacation Resorts, a developer of timeshare resorts.

Reilly then would falsely represent that the VO Group could pay off the customers’ timeshares or have their timeshares cancelled. Reilly falsely told some customers that their credit would not be damaged if they stopped paying for their timeshares. Reilly gave some customers “references” who were actually VO Group employees posing as satisfied customers. After hearing Reilly‘s false representations, some customers sent checks to the VO Group, including one customer who sent the VO Group a $31,385 check. Reilly admitted to causing more than $70,000 in losses.

Other former members of the VO Group who were charged in a superseding indictment on January 23, 2013, will be arraigned before Judge Hillman.

The mail and wire fraud conspiracy charge to which Reilly pleaded guilty is punishable by a maximum potential penalty of 20 years in prison and a $250,000 fine, or twice the gain or loss caused by the offense. Sentencing is scheduled for May 17, 2013.

U.S. Attorney Paul J. Fishman announced the guilty plea.

U.S. Attorney Fishman credited special agents from the FBI’s Atlantic City Resident Agency, under the direction of Special Agent in Charge David Velazquez in Newark; and special agents from the Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Special Agent in Charge Robert Panella, New York Region, for the investigation leading to the guilty plea.

The government is represented by Assistant U.S. Attorneys Alyson M. Oswald and R. David Walk, Jr. of the U.S. Attorney’s Office Criminal Division in Camden.