Archives For credit repair

Credit Repair Co. Settles Charges Re: “Piggybacking” on Others’ Credit to Boost Scores

Stephanie Abbott —  March 9, 2020 — Leave a comment

BoostMyScore.net (BMS), a Colorado-based credit repair company and its owner have agreed to settle Federal Trade Commission charges they mislead consumers with promises to “drastically and immediately” improve credit scores and increase access to lower rates on mortgages.

In its complaint, the FTC alleges that the defendants guaranteed consumers that, in exchange for fees ranging from $325 to $4,000, they could “piggyback” on unrelated consumers’ good credit, artificially inflating their own credit score in the process.

In piggybacking, a consumer pays to be listed on another person’s well-maintained credit account, ostensibly receiving the benefit of the good account on their own credit even though they can’t access the account. In this case, the FTC alleges, defendants charged struggling consumers steep, illegal fees and made unsupported promises about how piggybacking would pave the way to new credit, including mortgages and other loan products.

According to the complaint, BMS made unwarranted promises in various advertisements that consumers’ credit scores would increase by anywhere from 100 to 120 points over two to six weeks. BMS also allegedly charged consumers upfront for the credit repair services they offered, which is illegal under the Credit Repair Organizations Act (CROA). The complaint alleges that the defendants violated the FTC Act, CROA, and the Telemarketing Sales Rule (TSR).

Under the terms of the proposed settlement with the FTC that will soon be filed with the court, BoostMyScore, LLC, BMS, Inc., and William O. Airy will be prohibited from selling fake access to another consumer’s credit as an authorized user and from collecting advance fees for credit repair services, as well as other violations of CROA. They will also be prohibited from misrepresenting a product or service as being legal, as well as from misrepresenting the terms of a refund or return policy. The defendants also will be banned from further violations of the TSR. The settlement also includes a monetary judgment of $6,630,678, which will be partially suspended upon payment of $64,863 due to the defendants’ inability to pay. Should the defendants be found to have misrepresented their financial condition, the full judgment would be immediately payable.

“Good credit isn’t for sale,” said Andrew Smith, Director of the FTC’s Bureau of Consumer Protection. “This company charged people thousands of dollars based on hollow promises that ‘piggybacking’ on a stranger’s good credit would raise their credit score or help them get a mortgage.”

The Commission vote authorizing the staff to file the complaint and stipulated final order was 5-0. The FTC filed the complaint and final order in the U.S. District Court for the District of Colorado.

NOTE: The Commission files a complaint when it has “reason to believe” that the named defendants are violating or are about to violate the law and it appears to the Commission that a proceeding is in the public interest. Stipulated final orders have the force of law when approved and signed by the District Court judge.

The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about consumer topics and file a consumer complaint online or by calling 1-877-FTC-HELP (382-4357). Like the FTC on Facebook, follow us on Twitter, read our blogs, and subscribe to press releases for the latest FTC news and resources.

 

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Businessman Sentenced to Prison for Fraud

Stephanie Abbott —  July 11, 2018 — Leave a comment

Timothy Scott Wenk, 51, Chesterfield County, Virginia, was sentenced today to 12 years in prison for defrauding approximately 51 customers of more than $600,000.

According to court documents, Wenk, operated several businesses, including of Premier Consulting Services, Capital Business Services and Premier Credit Consultants, which purported to offer a variety of financial services, including mortgage finance and credit repair services. Wenk offered to connect victims who had credit problems to private lenders and “hard money lenders” who would be sources of financing for mortgages for victims who would be unable to obtain more conventional financing. In many instances, Wenk claimed to be working on victims’ behalf to help them bring home sales to closing, rectify tax liens, and provide other real estate related financial consulting and services. While Wenk’s relationship with each victim and the misrepresentations he made to them was unique, the evidence in the case showed a recurrent theme where Wenk received thousands of dollars for which he did little to nothing in return. Wenk introduced himself to many of his victims as Timothy Scott so that they could not be able to research his criminal history, which included over 20 felony convictions, many of which for fraud-related offenses. In addition to the 12-year sentence imposed, the sentencing judge ordered Wenk to pay victims a total of $606,044.99 in restitution.

Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Field Office, and Colonel Jeffrey S. Katz, Chesterfield County Police Department, made the announcement after sentencing by U.S. District Judge Henry E. Hudson. Assistant U.S. Attorney Brian R. Hood prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.  Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:17-cr-85.

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Conviction in Credit Repair Scheme Using Stolen SSNs

Rachel Dollar —  May 2, 2017 — Leave a comment

Benjamin Bland, 41,  Richmond, Virginia, was convicted by a federal jury of conspiracy to commit wire fraud, wire fraud, and social security fraud.

According to evidence presented at his five day trial, Bland was the owner and registered agent of a company headquartered in Richmond, Virginia that hosted a website that purported to provide individuals with a legal means to start a new credit file through the issuance of a “secondary credit number.” Bland falsely told his customers that these “secondary credit numbers” were “100% legal” and issued “by lawyers.” However, Bland had invented the term “secondary credit number,” there were no lawyers involved with his business, and the “secondary credit numbers” were actually social security numbers that had been previously issued to other individuals, predominantly children.

According to the trial evidence, one of the primary purposes of the fraud scheme was to obtain bank loans, private loans, auto loans, and lines of credit using the stolen social security numbers, counterfeit social security cards, and personal identity information (“PII”) of actual persons to create a false (improved) credit score.

The trial evidence also established that Bland obtained and sold the misappropriated social security numbers to Michael Westbrook and at least 20 others located throughout the country, whom Bland called his “affiliates.” These “affiliates” in turn sold those numbers to buyers. For an additional fee, Bland would provide fraudulent social security cards bearing the stolen number and the name of the “buyer.” Bland also provided fraudulent driver’s licenses to the “customers.” These items were provided so that “customers” could defraud banks and other lenders by drawing upon lines of credit using the stolen social security numbers.

According to the trial evidence, Bland compromised the social security numbers of at least 1,500 people during the conspiracy. The majority of the stolen social security numbers belonged to children all over the United States.

A co-conspirator, Michael Westbrook, also pled guilty to conspiracy to commit wire fraud and aggravated identity theft. He is awaiting sentencing.

Bland faces a maximum sentence of 20 years in prison on each of the wire fraud counts and a maximum of 10 years in prison on each of the social security fraud counts. Senior U.S. District Judge J. Frederick Motz has scheduled sentencing for July 14, 2017 at 10:00 am.

The conviction was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Andre R. Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).

United States Attorney Rod J. Rosenstein commended HSI Baltimore for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Lauren Perry and Aaron Zelinsky, who are prosecuting the case.

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4 years is Price for False Police Reports

Rachel Dollar —  October 22, 2015 — 1 Comment

George Price, 42, a former Miami-Dade Police Department officer, was sentenced to 48 months in prison, to be followed by three years of supervised release for his participation in a wire fraud scheme, arising out of the operation of a series of credit repair businesses.  Price previously pled guilty to conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349. He was sentenced by U.S. District Judge Jose E. Martinez

According to court documents, Price and his co-conspirators participated in a scheme to provide false police reports to individuals operating credit repair businesses. A co-conspirator would provide Price with identifying information of credit business customers. Price would then create false police reports, using the customers’ identifying information. The police reports would falsely represent that the customers had reported to the Miami-Dade Police Department facts consistent with having been victims of identity theft.  Price would cause the false police reports to become official records of the Miami-Dade Police Department. A member of the conspiracy would cause the false police reports created by Price to be transmitted to credit reporting agencies in order to induce the removal of negative items from the credit histories of the alleged victims identified in the false police reports. Price created the false police reports in order to promote the success of the credit businesses and in return would receive payment from his co-conspirators.

Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and J.D. Patterson, Director, Miami-Dade Police Department (MDPD), made the announcement. Mr. Ferrer commended the investigative efforts of the FBI Miami Area Corruption Task Force and MDPD Professional Compliance Bureau. This case was prosecuted by Assistant U.S. Attorney Michael Davis.

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The Ultimate In Credit Repair

Rachel Dollar —  August 11, 2015 — Leave a comment

When I spoke at the American Association of Mortgage Regulators Conference (AARMR) last week in New Orleans, I commented on the fact that, due to heightened underwriting requirements in mortgage lending, origination frauds are more distant from the file.  What does this mean?  It means that the fraud itself is occurring through third party manipulation that is virtually impossible to discover by a simple review of the mortgage documents. One of the methods I used as an example is credit manipulation. A recent guilty plea out of Miami-Dade illustrates this trend.  In this case, a Miami-Dade police officer accepted money to create false police reports reflecting that credit repair customers had reported that they were the victims of identity theft.  In such cases, negative credit reporting is blocked.  Paying $1,500 for credit repair is generally worthless.  But, couple that with a  police officer in your back pocket?  Price–less.

George Price, 42, a Miami-Dade Police Officer, Miami-Dade, Florida, pled guilty to conspiracy to commit wire fraud, in violation of Title 18, United States Code, Sections 1349, an offense punishable by up to twenty years in prison. Continue Reading…

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