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Charles E. Townsend, 39, Columbus, Ohio, pleaded guilty in United States District Court here to one count of money laundering in connection with his involvement in a mortgage fraud scheme that exaggerated property values to out of state investors in order to secure funding for the purchase of properties in primarily low income neighborhoods in Columbus, Ohio. Townsend  entered his plea late Friday, September 11, 2009, before United States District Judge Algenon L. Marbley.

According to statements of facts presented in court, Townsend helped two co-conspirators, Aryeh Schottenstein and Jeffery Lieberman, fraudulently secure funding from Stillwater Investments Group of New York for real estate transactions involving properties in Columbus. Townsend exaggerated the value of properties in order to induce Stillwater to fund real estate transactions in amounts well in excess of the true value of the properties involved. Townsend also promised to use certain funds provided by Stillwater to renovate houses involved in those real estate transactions, which renovations were not undertaken. In some of these transactions Townsend also retained funds as purported “consulting fees” when no commercially valuable consulting services were performed.

The statement of facts cites an instance in which Stillwater wired $227,500 from New York to Ohio to purchase and renovate property actually worth no more than $50,000. At closing on the following day, May 11, 2004, Townsend received a check in the amount of $43,815 as a “consulting fee,” which he deposited in his personal bank account. That transaction constitutes the laundering of funds procured through the wire fraud scheme.

Schottenstein pleaded guilty in May, 2008 to one count each of conspiracy and money laundering and was sentenced in February, 2009 to 42 months’ imprisonment, followed by three years of supervised release, 416 hours of community service, and ordered to pay $3,740,173 in restitution to the victim financial institutions, jointly and severally. Lieberman pleaded guilty in April, 2008 to one count each of conspiracy and money laundering. He was sentenced in February, 2009 to 16 months’ imprisonment, followed by three years of supervised release, 416 hours of community service, and ordered to pay $400,000 in restitution to Stillwater Capital Partners.

Money laundering is punishable by up to ten years’ imprisonment, a fine of up to $250,000 and restitution. Judge Marbley will set a date for sentencing.

William E. Hunt, Acting United States Attorney for the Southern District of Ohio, Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service Criminal Investigation, and Keith L. Bennett, Special Agent in Charge, Federal Bureau of Investigation, announced the plea.

Lockhart commended the investigation by IRS and FBI agents and Assistant U.S. Attorneys Daniel A. Brown and Deborah Sanders, who are prosecuting the case.

 

Capmark Finance Inc., a California mortgage lender, has been charged for violating the False Claims Act by making false statements on applications for federal mortgage insurance covering residential nursing homes. The lawsuit, filed in United States District Court in Los Angeles, relates to a federal program under which the U.S. Department of Housing and Urban Development (HUD) guarantees mortgage loans used to acquire healthcare facilities such as hospitals and nursing homes.

The United States alleges that Capmark made false statements in HUD applications to guarantee mortgage loans made to acquire the Canoga Care Center, a residential nursing home facility in Canoga Park, California, and the Hudson Valley Care Center, located in Ghent, New York. After accepting Capmark’s applications for mortgage insurance, HUD was forced to pay $25,895,701.21 when both the Canoga Care Center and Hudson Valley Care Center defaulted on their loans. Pursuant to the False Claims Act, the United States is seeking treble damages and penalties.

Mortgage fraud is a top priority for this Administration, especially when public dollars are at stake,” said Tony West, Assistant Attorney General for the Justice Department’s Civil Division. “This complaint sends a clear message that we will aggressively pursue allegations of fraud on federal mortgage insurance programs, which are so vitally important to this economy.

Tahir Ali Khan, the leader of a ring that used fake identification documents to bilk over 50 financial institutions out of more than $24 million, has been sentenced by United States District Judge Loretta A. Preska to 14 years in prison. Khan was indicted, along with 14 other co-defendants, in a multi-count Indictment unsealed on August 15, 2007. Today’s sentence follows Khan’s guilty plea on November 25, 2008, to a four-count Superseding Information charging him with one count of conspiracy to commit credit card fraud, one count of conspiracy to commit wire fraud and bank fraud, and two counts of aggravated identity theft.

As set forth in the Government’s sentencing submission and other public filings in this case, Khan headed a ring that produced false identification documents in fictitious names. The documents, purporting to have been issued by state and federal government authorities, included driver’s licenses, resident alien cards, social security cards, and tax identification documents. In order to build financial credit for the fictitious identities, members of Khan’s ring, among other things, fraudulently established bank accounts, credit card accounts, apartment leases, and telephone and utility accounts in the names of the fictitious identities. Participants in the ring also applied for and obtained lucrative bank loans, home mortgage loans, increased credit card limits, lines of credit, and other financial benefits in the names of the fictitious identities or in the names of sham businesses supposedly operated by those fictitious identities. The loans and credit card debt were then defaulted on, resulting in millions in losses to numerous financial institutions. Losses from the ring’s fraudulent activities exceeded $24 million.

In sentencing Khan to 14 years in prison, Judge Preska stated that Khan had been involved in “a vast array of crimes, of frauds and thefts, extending well over a decade.” Judge Preska further noted that Khan committed those crimes charged in the Superseding Information while a fugitive from justice. As set forth in the Government’s sentencing submission, after federal authorities arrested Khan on August 15, 2007, they learned through a fingerprint match that Khan had been previously arrested federally in 1995, in California, under the name “Jonathan Branscum,” but that Khan absconded in that case after being granted bail. Khan dropped the name “Jonathan Branscum,” and moved to the New York area, using a different name.

Judge Preska further stated that Khan’sentry into the United States was itself the subject of identity theft.” Count Three of the Superseding Information, to which Khan pleaded guilty, charged Khan with stealing the identity of a real person, “Waheed Khan,” in order to obtain a permanent resident card and other immigration benefits.

In addition to the prison term, Judge Preska sentenced Khan to three years of supervised release, restitution in the amount of $24,649,890.32, and forfeiture of items seized in August 2007 from Khan’s homes in Alabama and New York.

Acting United States Attorney Lev L. Dassin said this investigation is “a model of cooperation between federal, state and local prosecutors and investigative agencies.

New York Attorney General Andrew Cuomo said, “Tahir Ali Khan developed a comprehensive scheme to steal millions of dollars from an overburdened financial industry, and now he is paying for his crimes. My office will continue to aggressively pursue those whose greed supersedes their regard for the law in New York State.”

We are pleased to have participated in this joint investigation and successful prosecution,” said Richard H. Neiman, Superintendent of Banks for the State of New York. “As this case demonstrates, law enforcement agencies will continue to work closely to aggressively pursue individuals who attempt to take advantage of our banking system. I commend the Banking Department’s Criminal Investigations Bureau staff for their work over the last four years on this matter.

Of the sixteen defendants charged in the Indictment, Khan, 32, most recently of Hoover, Alabama, is the twelfth defendant to plead guilty and the sixth to be sentenced. Pradipt Sharma was granted a deferred prosecution agreement. Criminal charges remain pending against four defendants, including Muhammad Sharif, Arie Benshimon, Syed Hassan, and Syed Shah, who remains a fugitive. As to those defendants, the charges contained in the Indictment are merely accusations and the defendants are presumed innocent unless and until proven guilty.

Incidents of mortgage fraud increased 26% from 2007 to 2008.  Rhode Island, Florida and Illinois top the list of states with highest mortgage fraud rates.

Reported incidents of mortgage fraud in the U.S. are at an all-time high and increased by 26 percent from 2007 to 2008 according to a new report released today by the Mortgage Asset Research Institute (MARI®), a LexisNexis® service. The 11th Periodic Mortgage Fraud Case Report to the Mortgage Banker’s Association (MBA) examines the current state of residential mortgage fraud and misrepresentation in the U.S. based on data submitted by MARI subscribers.

The report found that, for the first time, Rhode Island ranked first in the country for mortgage fraud with more than three times the expected amount of reported mortgage fraud for its origination volume. This is also Rhode Island’s first appearance on the MARI report Top-Ten list, indicating a problematic and overlooked mortgage fraud problem in the state. Florida, ranked first in 2007 and 2006, dropped to second place and is followed by Illinois, Georgia, Maryland, New York, Michigan, California, Missouri and Colorado. The report was presented during MBA’s annual National Fraud Issues Conference in Las Vegas. It is available on the MARI Web site at: www.marisolutions.com.

“With fewer loan originations today, the data suggests that the economic downturn may have created more desperation, causing more people than ever before to try to commit mortgage fraud,” said Denise James, LexisNexis Risk & Information Analytics Group director of Residential Mortgage Solutions. “Not only are we seeing traditional fraud trends, such as application fraud, but we are also seeing new types of emerging fraud occur,” said James. “It is therefore imperative that the mortgage industry continue to share information and insights, and collaborate in the fight against mortgage fraud.”

The top fraud incident type in 2008 – representing 61% of all reported frauds – was application fraud, the fifth year in a row it topped the list. Second were frauds related to tax returns and financial statements which jumped 60% from 17% of reported frauds in 2007, to 28% of reported frauds in 2008. Additional documented fraud types included, in order of volume, frauds related to appraisals or valuations, verifications of deposit, verifications of employment, escrow or closing costs, and credit reports.

“MARI data shows that mortgage fraud is more prevalent today than it was at the height of the boom in mortgage loan originations,” said John Courson, president and chief executive officer of the Mortgage Bankers Association. “This report is essential reading for mortgage bankers who need to understand where mortgage fraud is coming from, what to watch for and how to protect our companies and communities.”

The report also found that:

· After improving in 2006 and 2007, Georgia jumped from seventh to fourth place in 2008;

· California, ranked fourth in 2007, declined to eighth in 2008;

· Maryland jumped from fifteenth in 2007 to fifth in 2008; and

· The volume of reported frauds related to credit reports dropped from 9% to 4% between 2007 and 2008.

MARI provides valuable industry insight derived from its Mortgage Industry Data Exchange (MIDEX®) database, which contains an aggregation of reported incidents of fraud and verified misrepresentations submitted by leading mortgage industry participants. MARI analyzes this industry data and presents reports that depict a national composition of residential mortgage fraud and misrepresentation to support the industry’s effort in the fight against mortgage fraud.

 

A BROTHER and sister face a hearing under the Proceeds of Crime Act after being convicted of involvement in mortgage scam offences. Last September Ejaz Ul Hassan, 33, of Dewhirst Road, Huddersfield, was jailed for setting up the scheme to defraud the …

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Source: Huddersfield Examiner

Joanne M. Seeley, 42, formerly of East Berlin, Pennsylvania, has been sentenced to 238 months’ incarceration for defrauding 36 homeowners in Cumberland, York and Adams Counties in Pennsylvania out of $2,470,666 between 2006 and 2008.

As previously reported on Mortgage Fraud Blog, Seeley, who now lives in South Carolina, was a Pennsylvania licensed real estate agent until December 12, 2006, when she permanently surrendered her license in lieu of disciplinary action. Testimony during the trial showed that between September 2005 and December 2008 Seeley perpetrated a wire fraud scheme that defrauded 36 homeowners plus dozens of mortgage lenders and several investors.

The particular scheme Seeley executed is more commonly known as a Foreclosure Rescue/Equity Skim, operating under the name of a new business she created, S&D Property Solutions. Seeley would identify a residence scheduled for Sheriff’s Sale and advise the homeowner he could avoid foreclosure by selling the home to her or one of her investor/buyers, who would then lease the property back to the homeowner after the sale. Seeley assured the homeowner she would use the equity in the property to pay off his personal debts, rebuild his credit rating, and allow him to buy his home within one year. Seeley also promised other homeowners that their equity would be held in escrow by the investor/buyer for their repurchase of their home.

Before surrendering her real estate license Seeley would simply charge the distressed homeowner an extremely high commission equal to the exact penny of the homeowner’s proceeds from the sale. Later, Seeley would have the homeowner sign over their sales proceeds check to S&D Property Solutions. Contrary to what the homeowners were promised, no funds were ever escrowed on their behalf and no sales proceeds were ever applied against their personal, unsecured debts. As a result, no homeowner was ever able to buy back the home.

Seeley recruited and induced several investor/buyers into participating in her program by assuring them they would be reimbursed for all out-of-pocket expenses, including their down payment plus an $8,000 “fee” for engaging in the transaction. Seeley also promised the investor/buyers they would receive monthly rent from the homeowner that would cover most, if not all, of their mortgage payments. Some buyers were also promised an up-front payment designed to make up the difference between their mortgage payments and the rent they received.

Seeley submitted a plethora of false documents to mortgage lenders in order to induce them into approving the investor/buyers’ loan applications, including false employment verifications, false leases, false rental income, and false occupancy verifications. Seeley also submitted redacted sales contracts to the lenders that concealed the fact the buyer and seller had entered into buy-back agreements and that the buyer’s down payment was being refunded to the investor/buyer from the loan proceeds.

The trial also showed Seeley used a large portion of the homeowners’ equity she stole to live a lavish lifestyle, including the purchase of a 23-acre York County, Pennsylvania horse farm; several Jaguar automobiles; a $200,000 truck and horse trailer; a built-in swimming pool; a Caribbean cruise; and a Rehoboth Beach, Delaware rental property. The evidence also showed Seeley spent more than $400,000 on horses and other animal expenses between 2006 and 2008.

Seeley was found guilty in November of 2011 on four counts of Wire Fraud and four counts of Money Laundering. After a lengthy sentencing hearing, Judge Sylvia Rambo sentenced Seeley to the term. Judge Rambo also ordered Seeley to pay $2,470,666 in restitution to the 36 homeowners.

Peter J. Smith, United States Attorney for the Middle District of Pennsylvania made the announcement.

The case was investigated by the Harrisburg Office of the FBI and prosecuted by Assistant U.S. Attorney Kim Douglas Daniel.

On December 29, 2010, defendant Michael Cassadei was sentenced to twenty-seven (27) months in prison, to be followed by three years’ supervised release, for his role as organizer of the mortgage fraud scheme. Cassadei also was required to make full …

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Source: RealEstateRama (press release)

A former East Berlin real-estate agent defrauded mortgage lenders of more than $6.2 million by filing false loan applications, then pocketed about $2.3 million of that money, a federal jury in Harrisburg determined this week. Joanne M. Seeley, 41, …Former real estate agent convicted of money laundering, wire fraud abc27Former York County Real Estate Agent Convicted of Wire Fraud and Money Laundering 7thSpace Interactive (press release)Former York County Real Estate Agent Convicted on Wire Fraud & Money … FOX43.com York Daily Recordall 8 news articles »

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Source: Yorkdispatch.com

Kontogiannis, a US citizen born in Greece, pleaded guilty in October 2010 to conspiring to commit bank and wire fraud. He faced up to 30 years in prison on that charge. During the sentencing hearing in Brooklyn federal court, Matsumoto called …Leader of $98 Million Mortgage Fraud Sentenced to 108 Months NEWS.GNOM.ESFigure in Duke Cunningham scandal sentenced in fraud scheme SignOnSanDiego.comKontogiannis Gets 12 Years, 10 Months for $92 Million Fraud BusinessWeekall 9 news articles »

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Source: Reuters

Judge Linda Bell sentenced Joseph Lawrence Yorkus to a maximum of 102 months with a minimum of 24 months in the Nevada State Prison and ordered him to pay restitution to the victims in the amount of $346155.15 for schemes relating to mortgage fraud, …

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Source: National Mortgage Professional Magazine