Archives For Florida

R.E. Agent & Her Husband Charged With Conspiracy & Bank Fraud

Stephanie Abbott —  August 3, 2022 — Leave a comment

Maria Del Carmen Montes, 46, Kissimmee, Florida has been charged with one count of conspiracy to commit bank fraud, four counts of bank fraud and one count of aggravated identity theft. Also charged is Montes’ husband Carlos Ferrer, 45, Kissimmee, Florida with one count of conspiracy to commit bank fraud and three counts of bank fraud.

According to the Indictment, Montes and Ferrer conspired to create and executed a mortgage fraud scheme targeting financial institutions. To ensure that otherwise unqualified borrowers she was representing as a licensed realtor were approved for mortgage loans, Montes created fictitious and fraudulent paystubs and IRS Form W-2s in the names of companies for whom her clients had never worked. The bogus income documents falsely indicated that her clients had worked at these companies, including companies formed and controlled by Ferrer, for a certain period of time and earned income that they did not. Montes submitted the fictitious paystubs and W-2s she created to the financial institutions who relied on them when making underwriting decisions. Additionally, Montes used her clients’ personally identifying information on these documents without their knowledge or authorization.

In order to further deceive the mortgage lenders, Montes and Ferrer recruited a co-conspirator working at a company listed on certain false paystubs and W-2s to falsely certify Verifications of Employment (VOEs”) sent by the financial institutions and instructed the co-conspirator to lie to the final institutions when they called to further verify the borrower’s employment. Ferrer and Montes sent the false and fictitious paystubs and W-2s to the co-conspirator so the co-conspirator could put the false information on the VOEs before certifying, signing, and returning them to the financial institutions. Ferrer also falsely certified and emailed VOEs sent by the financial institution in the names of borrowers that he knew did not work for his companies and lied to the banks during verbal VOE checks. Based on Montes’ and Ferrer’s misrepresentations, the financial institutions approved and funded the mortgage loans.

If convicted, Montes faces a maximum penalty of 30 years in federal prison on the conspiracy count, up to 30 years for each fraud count, and a mandatory penalty of 2 years’ imprisonment for the aggravated identity theft count. If convicted, Ferrer faces a maximum penalty of 30 years in prison for the conspiracy count, and up to, 30 years’ imprisonment for each fraud count.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the Federal Housing Finance Agency – Office of Inspector General, the U.S. Department of Housing and Urban Development – Office of Inspector General, and the Federal Bureau of Investigation.  It will be prosecuted by Special Assistant United States Attorney Chris Poor.

 

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Mortgage Loan Officer Charged With Bank Fraud and Aggravated Identity Theft

Stephanie Abbott —  May 23, 2022 — Leave a comment

Evelisse Hernandez, 40, Kissimmee, Florida has been charged with four counts of bank fraud and four counts of aggravated identity theft.

According to the indictment, Hernandez, in her capacity as a licensed mortgage loan officer, created and executed a mortgage fraud scheme targeting the financial institution where she worked. To ensure that otherwise unqualified borrowers were approved for mortgage loans, Hernandez falsified the borrower’s income through completely fabricated or inflated monthly child support payments on mortgage loan applications that she signed and certified to the financial institution’s underwriting department. In furtherance of her scheme, Hernandez created fictitious Final Judgments of Dissolution of Marriage showing the borrowers were entitled to receive non-existent monthly child support payments. Hernandez then used the names of Judges from the Circuit Court of the Ninth District of Florida and forged their signatures on the fabricated Final Judgments of Dissolution of Marriage. Hernandez then created bogus Florida Department of Revenue Statements showing the party purportedly paying monthly child support payments to the borrowers and manufactured phony prepaid debit card statements showing the borrowers purportedly withdrawing the non-existent monthly child support payments. In most cases, the borrowers did not have the children listed or had never been married. Hernandez submitted bogus paperwork to the financial institution to support the false monthly income on the loan applications. Based on Hernandez’s misrepresentations, the financial institution approved and funded the mortgage loans.

If convicted, she faces up to 30 years in federal prison on each bank fraud count and a mandatory consecutive 2 years’ imprisonment on the aggravated identity theft counts. The indictment also notifies Hernandez that the United States is seeking an order of forfeiture in the amount of $130,000, representing the proceeds of the charged criminal conduct.

United States Attorney Roger B. Handberg made the announcement.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the Federal Housing Finance Agency – Office of Inspector General, U.S. Department of Housing and Urban Development – Office of Inspector General and the Florida Office of Financial Regulation. It will be prosecuted by Special Assistant United States Attorney Chris Poor.

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Disbarred Attorney Sentenced Conspiring To Commit Foreclosure Fraud

Stephanie Abbott —  March 18, 2022 — Leave a comment

James Lee Clark ,61, Wilton Manors, Florida has been sentenced to 48 months in federal prison for conspiracy to commit bankruptcy fraud and wire fraud.

According to court documents, from January 2010 through February 2017, Clark, who was a licensed attorney, conspired with his paralegal, Eric Liebman, to defraud mortgage creditors and guarantors holding notes on properties in foreclosure. Clark and Liebman falsely and fraudulently represented to distressed homeowners that they would negotiate with creditors and guarantors to prevent foreclosures in exchange for the homeowners’ execution of quitclaim or warranty deeds for the properties to an entity controlled by Liebman. Clark and Liebman also convinced the homeowners to pay rent or agree to sell their houses.  In order to continue collecting ill-gotten rents and/or profit from the property sales, Clark filed fraudulent bankruptcy petitions in the names of the homeowners to prevent the mortgage creditors from lawfully foreclosing and taking title to the properties.

Additionally, from January 2012 to February 2017, Clark defrauded his clients out of approximately $1.3 million. As part of his practice, Clark acted as a trustee for clients and held their money in various bank accounts.  Instead of using the funds for the purpose intended by his clients, Clark diverted the money into his law firm’s bank accounts, and used it for personal expenses, like gambling, travel, and automobiles.

Liebman previously pleaded guilty to conspiracy to commit bankruptcy fraud. He was sentenced to 15 months’ imprisonment.

Clark had pleaded guilty on December 14, 2021.

This case was investigated by the Federal Housing Finance Agency – Office of Inspector General and the Federal Bureau of Investigation. The Office of the United States Trustee for the Middle District of Florida (Tampa Division) provided substantial investigative support. It was prosecuted by Special Assistant United States Attorney Chris Poor.

 

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Paralegal Sentenced For Conspiracy To Commit Mortgage Fraud

Stephanie Abbott —  January 28, 2022 — Leave a comment

Eric Liebman, 34, Tampa, Florida has been sentenced to 15 months in federal prison for conspiracy to commit bankruptcy fraud.

According to court documents, from January 2010 through February 2017, Liebman conspired with his co-defendant, James Lee Clark, to defraud mortgage creditors and guarantors, such as Fannie Mae, which held mortgage notes on properties that were in foreclosure. Liebman and Clark falsely and fraudulently represented to the distressed homeowners facing foreclosure that in exchange for executing quitclaim or warranty deeds for their properties to an entity controlled by Liebman, they would negotiate with the mortgage creditors to prevent foreclosures. Liebman and Clark convinced the distressed homeowners to pay them rent or agree to put their houses up for sale. In order to continue to collect ill-gotten rents, or profit from sales of the properties, Liebman filed fraudulent bankruptcy petitions in the names of the homeowners to prevent the mortgage creditors from lawfully foreclosing and taking title to the properties.

Liebman had pleaded guilty on September 24, 2019.

This case was investigated by the Federal Bureau of Investigation and the Federal Housing Finance Agency – Office of Inspector General. The Office of the United States Trustee for the Middle District of Florida, Tampa Division, also provided substantial investigative support. It was prosecuted by Special Assistant United States Attorney Chris Poor.

 

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Seven Defendants Sentenced in $10 Million Mortgage Fraud Scheme

Stephanie Abbott —  October 20, 2021 — Leave a comment

Carlos Rafael Castaneda Mendez, 34, Miami, Florida, Alejandro Boada Oliveros, 45, Miami, Florida, Jonnathan Jesus Gonzalez, 33, Miami, Florida, Yanjeisis Alejandra Pompa Villafane, 25, Hialeah, Florida, Lilia Rosa Morales Moreno, 45, Miami, Florida, Katherine Hansen Mendoza, 25, Miami, Florida and Isbel Rodriguez Batista, 23,  Teaneck, New Jersey were sent to federal prison for their roles in a fraud scheme that involved stealing identities, creating and using fake foreign passports, impersonating homeowners, and falsifying loan documents to trick lenders into providing millions of dollars of mortgage loans on unencumbered residential properties.

The scheme followed a general pattern.  First, the fraudsters would identify residential homes with no mortgages, and absent owners, located in high-end South Florida neighborhoods.  Next, using the names and other identity information of the true homeowners, the fraudsters created fake passports.  Alongside the homeowners’ names, the fraudsters placed photographs of co-conspirators.  Some of those co-conspirators appeared at loan closings posing as the homeowners.  The fraudsters used the fake passports to apply for mortgage loans from private lenders and to open bank accounts in the homeowners’ names — accounts into which lenders wired the loan money.  They used the stolen money to buy luxury cars, expensive watches, and other items.  In total, the scheme drained close to $10 million of equity from South Florida homes.

Carlos Rafael Castaneda Mendez was sentenced to 78 months, Alejandro Boada Oliveros was sentenced to 46 months, Jonnathan Jesus Gonzalez was sentenced to 44 months, Yanjeisis Alejandra Pompa Villafane was sentenced to 28 months, Lilia Rosa Morales Moreno was sentenced to 30 months; Katherine Hansen Mendoza was sentenced to seven months and Isbel Rodriguez Batista, was sentenced to 30 months.

Charges against other defendants are pending.  An indictment is only an accusation and defendants are presumed innocent unless and until proven guilty.

Juan Antonio Gonzalez, Acting United States Attorney for the Southern District of Florida; Brian Swain, Special Agent in Charge, United States Secret Service (USSS), Miami Field Office; and Anthony Salisbury, Special Agent in Charge, Homeland Security Investigations (HSI), Miami Field Office made the announcement.

USSS Miami, HSI Miami, and Aventura Police Department investigated this case.  Assistant U.S. Attorney Stephanie Hauser is prosecuting the case.  Assistant U.S. Attorney Nicole Grosnoff is handling asset forfeiture.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case no.: 20-cr-20155.

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Businessman Sentenced For and Mortgage Fraud

Stephanie Abbott —  July 1, 2021 — Leave a comment

Casey David Crowther, 35, Fort Myers, Florida has been sentenced to three years and one month in federal prison for two counts of bank fraud, two counts of making a false statement to a lending institution, and two counts of money laundering.

At trial, a federal jury had found Crowther guilty of committing bank fraud, making a false statement to a lending institution, and two counts of money laundering on March 26, 2021, which were related to a PPP fraud scheme. Before the trial started, Crowther pleaded guilty to one count of bank fraud and one count of making a false statement to a financial institution, which were related to a mortgage fraud scheme. As part of the mortgage fraud scheme, Crowther created false bank statements to justify a loan he had used to purchase a nearly $1.3 million waterfront house in St. James City, Florida.

According to evidence at the trial, Crowther obtained a $2.1 million PPP loan by falsely stating that he had intended to use the money to make payroll and pay rent and utilities for his company Target Roofing and Sheet Metal, Inc. However, Crowther intended to use the money to enrich himself and, once the loan was obtained, quickly used the proceeds to make a series of personal purchases including a nearly $700,000 boat and a $100,000 payment to a former business partner. Crowther concealed the scheme by providing false explanations for the expenditures to his bank, calling the boat “equipment” and the payment to his former partner “payroll.” Under the terms of the PPP program, Crowther did not have to pay back the loan if he used at least 60% of the proceeds on payroll. To falsely make it appear he met that threshold, Crowther created dozens of fake employees to whom he purportedly paid wages: by adding multiple family members to his company’s payroll, even though they did not actually perform work; and, separately, by creating 39 other fake employees, for whom he obtained fake identification documents — including Social Security cards — that he provided to his company’s Human Resources to be placed in the files of the “employees.”

The court also ordered Crowther to forfeit $2,739,081.21, $630,482.37, and a 40’ catamaran boat, which were the proceeds of the Paycheck Protection Program (PPP) fraud and the mortgage fraud offenses.

This case was investigated by the United States Secret Service. It was prosecuted by Assistant United States Attorneys Trent Reichling and Michael V. Leeman. Assistant United States Attorney Suzanne Nebesky obtained the forfeitures.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form

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Final Family Member Sentenced in Short Sale Mortgage Fraud Scheme

Stephanie Abbott —  March 22, 2021 — Leave a comment

Ana Cummings, 61, Davie, Florida, the last of six South Florida family members was sentenced today to a term of imprisonment, and ordered to pay a total of $1,342,928.77 in restitution, following her conviction by way of guilty plea in August 2020, to conspiracy to commit bank fraud.

During prior hearings, Cummings’s sons, Valentin Pazmino, 34, and Rene A. Pazmino, 36, were sentenced to 27 months and 18 months of imprisonment, respectively. Her daughters, Grace Pazmin, 43, and Diana Pazmino, 31, were sentenced to 27 months and 22 months of imprisonment, respectively. Her son-in-law Jared Marble, 43, Grace Pazmino’s husband, was sentenced to 16 months of imprisonment. All sentences were imposed by United States District Judge Jose E. Martinez following guilty pleas. Pursuant to their plea agreements, the defendants made a full payment of the restitution judgment prior to their sentencings.

According to court documents, various defendants participated in a series of ten fraudulent real estate short sale transactions in South Florida between May of 2012 and June of 2015. Cummings and Grace Pazmino participated in all ten of the fraudulent short sales. Diana Pazmino and Valentin Pazmino each participated in nine of the fraudulent short sales. Marble participated in three of the fraudulent short sales. Rene A. Pazmino participated in two of the fraudulent short sales.  In each short sale transaction in which they participated, the defendants made materially false statements to a financial institution in order to defraud it into approving the short sale. Specifically, the defendants executed short sale affidavits and affidavits of arm’s length transactions falsely attesting that the sales were between unrelated, unaffiliated parties. In reality, the sales were between and among the defendants, companies controlled by the defendants, and/or individuals recruited by a defendant to participate in the fraud scheme. Members of the conspiracy also executed HUD-1 Settlement statements misrepresenting that the named buyer made the required cash-to-close payment.  In reliance on these material representations, various financial institutions authorized property sales for amounts less than the outstanding principal balances due on mortgages they held on the properties, thereby incurring losses.

Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, Tyler R. Hatcher, Acting Special Agent in Charge, Internal Revenue Service-Criminal Investigation, Miami Field Office, and Special Agent in Charge Edwin S. Bonano of the Federal Housing Finance Agency – Office of Inspector General (FHFA-OIG) Southeast Region made the announcement.

U.S. Attorney Fajardo Orshan commended the investigative efforts of the Internal Revenue Service-Criminal Investigation, Miami Field Division and the Federal Housing Finance Agency – Office of Inspector General Southeast Region.

A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov, under case number 19-cr-20606-JEM.

 

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Man Indicted In Nationwide Mortgage Fraud Scheme

Stephanie Abbott —  January 12, 2021 — Leave a comment

Brian Roy Lozito, 51, Orange Park, Florida has been charged with conspiracy to commit wire fraud and 12 counts of wire fraud.

According to the indictment, Lozito owned and managed American Investigative Services (AIS). AIS purported to offer consumers mortgage auditing services in exchange for a fee. Lozito and his conspirators solicited customers nationwide through mailings and telephone calls. In these solicitations, Lozito and AIS employees under his direction made false and fraudulent representations to consumers, including that AIS would perform “forensic audits” of mortgage documents in order to uncover evidence of deficiencies in the mortgage documents. Lozito claimed AIS would obtain quitclaim deeds and other remedies, so the mortgage holders would be relieved of their mortgage debt and own their properties free and clear. If AIS could not help the consumer, Lozito promised to refund their money. In reality, AIS did not perform the services paid for by consumers and did not refund money to consumers. Money collected from consumers went to bank accounts controlled by Lozito, and he spent the money.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

If convicted, Lozito faces a maximum penalty of 20 years in federal prison on each count and payment of restitution to the victims he defrauded. Lozito was arraigned on the charges on January 11, 2021. His trial is set for March 1, 2021.

United States Attorney Maria Chapa Lopez made the announcement.

This case was investigated by the U.S. Secret Service (Jacksonville Field Office) and the Office of the Florida Attorney General – Consumer Protection Division, with assistance from the Clay County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Kevin C. Frein.

 

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Business Owner Charged with Mortgage Fraud

Stephanie Abbott —  October 29, 2020 — Leave a comment

Casey David Crowther ,35, North Fort Myers, Florida has been charged in a superseding indictment with two counts of bank fraud, two counts of making a false statement to a lending institution, and three counts of illegal monetary transactions.

According to the superseding indictment, as part of his scheme, beginning in June of 2020, Crowther submitted false and fraudulent Uniform Residential Loan Applications (URLA) to a mortgage broker and mortgage lender, causing the lender to disburse approximately $640,381 in loan funds. Specifically, Crowther intentionally misrepresented his liquid assets in the URLAs and created false and fraudulent bank statements which purported to show he had more assets than he actually had.

If convicted, Crowther faces a maximum penalty of 30 years in federal prison on each bank fraud and false statement count, and up to 10 years’ imprisonment for each illegal monetary transaction count.

The indictment also notifies Crowther that the United States intends to forfeit a 2020 40-foot catamaran, real property in St. James City, Florida, and $2,098,700, which are alleged to be proceeds of the offenses; the real property is also subject to forfeiture because it was involved in the illegal monetary transaction.

A federal grand jury had previously indicted Crowther for COVID relief fraud on September 23, 2020. The superseding indictment contains additional counts charging Crowther with mortgage fraud.

A superseding indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

United States Attorney Maria Chapa Lopez made the announcement.

This case was investigated by the United States Secret Service. It will be prosecuted by Assistant United States Attorney Trent Reichling.

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Duo Sentenced For Conspiracy To Make False Statements To Banks

Stephanie Abbott —  June 15, 2020 — Leave a comment

Jonathan Marmol, 41, Odessa, Florida has been sentenced to 15 months in federal prison and Mordechai Boaziz, 67, Miami Beach, Flordia, to 90 days in federal prison for conspiracy to make false statements to financial institutions.

According to court documents, beginning around the summer of 2006, and continuing through August 2008, Boaziz and Marmol conspired with others to execute a scheme to influence the credit decisions of financial institutions in connection with the sale of condominium units at The Preserve at Temple Terrace, a 392-unit condominium complex located in Temple Terrace, Florida. Boaziz was a real estate developer converting The Preserve from an apartment complex into a condominium complex. Boaziz, the leader and organizer of the fraud scheme, hired Marmol to market the condominium units at the complex.

In order to recruit and entice otherwise unqualified buyers to purchase units at The Preserve, the conspirators offered to pay the prospective buyers’ down payments (“cash-to-close”). The conspirators then intentionally concealed the cash-to-close payments from the financial institutions that originated and funded the related mortgage loans.

In particular, the HUD-1 Settlement Statements submitted to the financial institutions falsely stated that the buyers brought their own cash-to-close funds to purchase the units, which influenced the financial institutions’ mortgage loan approval decisions. In reality, Boaziz funded the buyers’ cash-to-close and routed the payments through Marmol and others. Boaziz caused approximately $5.36 million in losses, and Marmol caused approximately $330,000 in losses to the victim financial institutions who financed the units at The Preserve.

Marmol and Boaziz had pleaded guilty to the offenses in November 2019. http://www.mortgagefraudblog.com/?s=Jonathan+Marmol

This case was investigated by the Federal Housing Finance Agency – Office of Inspector General and the Federal Bureau of Investigation. It was prosecuted by Special Assistant United States Attorney Chris Poor and Assistant United States Attorney Jay L. Hoffer.

 

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