Archives For California

Hubert Rotteveel, 52, Dixon, California was sentenced  to three years and four months in prison for one count of mail fraud, .

In September 2014, Rotteveel was found guilty by a federal jury of one count of mail fraud relating to 13 properties in Dixon. According to evidence produced at trial, Rotteveel acted as a real estate salesperson for the 13 properties, with over $7 million in loans authorized for just two buyers in seven months. He inflated the values of the properties and worked with loan officers to provide false information to lenders about the income and liabilities of the buyers to induce the lenders to fund loans for the properties. Rotteveel surreptitiously made the down payments on the homes, instead of the buyers, and got that money (and usually more) back from the lenders at closing. For most of the transactions, when the sales closed, the escrow officer distributed funds to a bank account in the name of Windmill Properties, a company owned by Rotteveel, without disclosing these payments to the lenders. All 13 properties were used as rentals, with Rotteveel collecting the rents through Windmill Properties. He netted over $300,000 through the sales in just seven months, and the lenders lost more than $3 million when all 13 properties underwent foreclosure.

United States Attorney Benjamin B. Wagner stated: “Hubert Rotteveel used his knowledge of the real estate market in Dixon to defraud lenders of over $7 million, resulting in losses of over $3 million after each of the homes went into default and a foreclosure sale was held. Today’s sentence is one step in the continuing effort to hold real estate professionals responsible for their role in the mortgage meltdown.”

This prosecution should serve as a warning to those who abuse their position of trust,” said Thomas McMahon, Acting Special Agent in Charge, IRS-Criminal Investigation. “Mr. Rotteveel manipulated the MLS listings for properties, failed to disclose his true role in the transactions and made numerous misrepresentations to lenders.  Although this sentence cannot reverse the damage caused by Mr. Rotteveel, it highlights the ongoing commitment of IRS-CI to hold accountable those involved in these types of crimes.”

Rotteveel was sentenced by Senior United States District William B. Shubb.   The case was the product of an investigation by the Internal Revenue Service – Criminal Investigation and the Federal Bureau of Investigation. Assistant United States Attorneys Jean M. Hobler and Justin L. Lee prosecuted the case.

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.

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…

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…

Paul Sloane Davis, 76, Santa Rosa, California, was sentenced to 36 months in prison and ordered to pay $1.7 million in restitution, for a Ponzi scheme he perpetrated along with co-defendant Diane Cobb, 58, currently a resident of the State of Ohio.  The sentencing follows a guilty plea in which Davis admitted to running a fraudulent scheme.  Court documents establish that Davis and Cobb profited by more than a million dollars.

Davis was charged by indictment on October 31, 2013, for his part in the scheme.  According to the indictment, Davis and Cobb operated a financial services company in Marin County known as DM Financial.  Through DM Financial, Davis and Cobb offered investors the opportunity to fund purported short-term “bridge loans” to borrowers who, according to Davis and Cobb, needed short-term financing for residential real estate transactions.  The defendants fraudulently provided to these investors, among other things, the identity of the purported borrower, a promissory note reflecting the amount and terms of the loan, and a deed of trust securing the loan to the borrower’s real property.  Based upon these documents and other representations made by Davis and Cobb, the investors believed the defendants were directing the funds into secured loans with borrowers. Continue Reading…

Costa Mesa Woman Could Be Sentenced To Federal Prison For Running A Foreclosure Rescue Fraud Scheme

A 31-year-old Costa Mesa woman could be sentenced to federal prison today for running a foreclosure rescue fraud scheme that targeted homeowners with bogus promises of mortgage relief.

Najia Jalan faces between two and six years behind bars following her July guilty plea in Los Angeles to mail fraud and aggravated identity theft charges, according to the U.S. Attorney’s Office.

Four people who worked at a Rancho Cucamonga business that offered bogus loan modification programs to thousands of financially distressed homeowners were sentenced to federal prison, with one of the leaders of the scheme being ordered to spend 20 years in custody.  Victims of the scheme lost more than $7 million when they paid for services that were never provided.  The telemarketing operation that was known under a series of names, including 21st Century Legal Services, Inc.,  bilked more than 4,000 homeowners across the nation, many of whom lost their homes to foreclosure.

The defendants sentenced were: Continue Reading…

Tony Huy Havens, 42, Modesto, California, pleaded guilty mail fraud and wire fraud in advance fee and straw buyers mortgage fraud schemes.

According to court documents, in the first scheme Havens devised an “advance fee” scheme that targeted victims in at least eight states who were seeking multimillion dollar loans for large construction projects that were in danger of foreclosure. Havens provided the victims with fraudulent documents that showed a third-party lender was prepared to make a loan to the victim. On Havens’ instructions, the victims wired money into a bank account controlled by Havens to pay in advance certain costs associated with the loans. No loans were ever made. In total, Havens represented that he could arrange at least $1.1 billion in financing for at least 15 victim borrowers and collected at least $248,750 by wire transfers from them. Continue Reading…