Archives For California

Michael J. Stewart, 68, San Clemente, California, the CEO of a now-defunct Southern California real estate investment firm, was found guilty of 11 counts of mail fraud following a nine-day jury trial before United States District Judge Cormac J. Carney.  The charges arose out of a real estate scheme that ended with the bankruptcy of the company and hundreds of investors collectively losing as much as $169 million.

Stewart owned and was the chief executive of Pacific Property Assets (PPA), which had offices in Long Beach and Irvine, California. Along with co-defendant John Packard, Stewart created PPA in 1999 to purchase, renovate, operate, and resell or refinance apartment complexes in Southern California and Arizona. Typically, PPA financed property acquisitions through mortgages, and it raised money from private investors to pay for renovations to the properties. After several years, PPA would refinance (or sometimes sell) each property. Continue Reading…

Brady Bunte, the former owner of an Orange County, California mortgage lending company, pleaded guilty to bank fraud in U.S. District Court in Louisville, Kentucky in a warehouse lending fraud.  Bunte devised a scheme to defraud National City Bank of $12,744,678 of money under its control, by submitting fraudulent funding requests for nonexistent mortgage loans. Continue Reading…

A husband and wife have been charged with stealing over $100,000 from an elderly woman with the assistance of a notary public. Christina Espinosa Aldana, 32, Garden Grove, California; Thalia Lugo-Lainez. 37, Garden Grove, California; and Willmar Lainez, 44, Anaheim, California were each charged with three felony counts of filing a false document and three felony counts of forgery with sentencing enhancement allegations for aggravated white collar crime over $100,000, property loss over $65,000 and theft over $100,000. Lugo-Lainez and Lainez are also charged with two felony counts each of grand theft, two felony counts of theft from an elder, and two felony counts of identity theft. Aldana is also charged with three felony counts of perjury by declaration.

Aldana is a registered notary public certified by the California Secretary of State. She is also employed in a clerical position by the Orange County District Attorney’s Office (OCDA), but does not provide notary services to OCDA.

Between November 7, 2008, and January 1, 2009, Lugo-Lainez and Lainez are accused of living with the elderly victim, the maternal grandmother of Lugo-Lainez, and forging her name on a second mortgage on her home in Garden Grove, California. Aldana is accused of violating her position of trust as a notary public and knowingly submitting and verifying the false documents. Aldana, Lugo-Lainez, and Lainez are each accused of forging the victim’s signature and information on documents to secure a second mortgage on the victim’s home. Lugo-Lainez and Lainez are accused of taking the money received from the second mortgage and depositing it into their own personal bank accounts, resulting in the victim losing over $75,000.

Additionally, Lainez and Lugo-Lainez are accused of stealing the victim’s personal identifying information in 2014, in order to gain access and control over the victim’s primary bank-account. Lainez and Lugo-Lainez are accused of stealing over $40,000 from that account for their own personal use.

When the victim stopped receiving bank statements in 2014, she contacted the bank and discovered the identity theft.  She immediately reported the identity theft to Garden Grove Police Department, who investigated this case and subsequently arrested the defendants. The victim subsequently passed away in June 2014.

If convicted, Lugo-Lainez and Lainez face a maximum sentence of 11 years and four months in state prison, and Aldana faces a maximum sentence of nine years and four months in state prison. Aldana is scheduled to be arraigned on Monday, August 3, 2015, at 8:30 a.m. in Department W-12, West Justice Center, Westminster, California. Lainez is scheduled to be arraigned on August 5, 2015, at 8:30 a.m. in Department W-12. Lugo-Lainez remains a fugitive.

Senior Deputy District Attorney Pete Pierce of the Major Fraud Unit is prosecuting this case.

Trial Continues in Case Against Real Estate Firm Co-Owner Accused of Ponzi Scheme

The trial of a Phoenix man accused of setting up a real estate Ponzi scheme during the Great Recession continued in Santa Ana on Tuesday.

According to federal prosecutors who spoke with jurors at court, Michael J. Stewart—a co-owner of a real estate firm based in Irvine and Long Beach—set up the Ponzi scheme to pay off old investors while continuing to recruit new ones for a plan to flip distressed apartment buildings during the Great Recession’s housing collapse.

Stewart’s attorney told jurors that in fact his client was innocent and thought his plan was financially prudent because homeowners who lost their property in foreclosure would need to rent apartments.

Danville man to be sentenced on conspiracy charges

A Danville businessman who had worked to renovate dilapidated Antioch buildings pleaded guilty to two conspiracy charges as part of a plea agreement with the U.S. Attorney’s office, court records show.

Anthony Keslinke, 47, was arrested in February 2014 and ultimately charged with 12 counts of fraud, money laundering, and conspiracy, all stemming from a period between February 2011 and March 2014, during which time prosecutors say Keslinke falsified documents to “short sell” his own East Bay properties at a profit, and accepted a total of $550,000 from an undercover federal agent posing as a drug dealer, court records show.

Xue Heu, 38, Modesto, California, was sentenced to five years and three months in prison, to be followed by three years of supervised release and ordered to pay $1,166,366 in restitution, for investment fraud schemes in Fresno, California and Texas. Continue Reading…

Jerome Whittington, 65, La Quinta, California; Patricia Torres Zavala, 42, Benicia, California; and, Kathleen Moore, 68, Olympia, Washington have been charged by a federal grand jury for their roles in a variety of fraudulent schemes, including one involving short sales, that victimized at least 20 investors and caused losses of more than $2 million.

The three defendants were charged in a superseding indictment filed on July 8, 2015. The 24-count indictment alleges that they lied to investors in a series of schemes, and then used investor money for personal expenses rather than investing the funds as promised.

Whittington is also charged in a separate case with posing as a former federal prosecutor in a case involving a former DEA agent.  Continue Reading…

Tamara Tikal, 45, Rio Vista, California was sentenced to three years and nine months in prison for her conviction for conspiring to commit mail fraud in relation to a foreclosure rescue scheme. Tamara Tikal was also ordered to pay $3,671,000 in restitution to victims of the offense by United States District Judge Troy L. Nunley.

Tamara Tikal’s husband Alan Tikal was convicted following a bench trial and sentenced to 24 years in prison. Tamara Tikal pleaded guilty to the conspiracy in August 2014, as did co-defendant Ray Kornfeld, who was sentenced to five years in prison.  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…

John Shiells, Real Estate Investor,  Danville, California, and Miguel De Sanz, Real Estate Investor, San Francisco, California each pleaded guilty to three counts of bid rigging and three counts of mail fraud in the U.S. District Court of the Northern District of California in Oakland, California. Both were charged in an indictment returned by a federal grand jury in the Northern District of California on Nov. 19, 2014 in connection with their role in bid-rigging conspiracies and mail fraud at public real estate foreclosure auctions in Northern California. Continue Reading…