Archives For gift funds

Jury Convicts Former Baltimore City State’s Attorney of Mortgage Fraud

Stephanie Abbott —  February 6, 2024 — Leave a comment

Marilyn J. Mosby, 44, Baltimore, Maryland, was convicted today for making a false mortgage application when she was Baltimore City State’s Attorney, relating to the purchase of a condominium in Long Boat Key, Florida.  The jury acquitted her of making a false mortgage application related to her purchase of a home in Kissimmee, Florida.

According to the evidence presented at trial, in February 2021, Mosby made a false statement in an application for a $428,400 mortgage to purchase a condominium in Long Boat Key, Florida.  As part of the application, Mosby falsely stated that she had received a $5,000 gift from her husband to be applied to the purchase of the property.  According to the evidence presented at trial, Mosby made this statement in order to secure a lower interest rate. According to the evidence presented at trial, Mosby did not receive a $5,000 gift from her husband, but rather transferred $5,000 to him, and he then transferred the $5,000 back to her.

Mosby faces a maximum of 30 years in federal prison for making a false mortgage application. 

On November 9, 2023, Mosby was previously convicted on two counts of perjury, relating to the withdrawal of funds from the City of Baltimore’s Deferred Compensation Plan claiming that she suffered adverse financial consequences during the COVID-19 pandemic while she was Baltimore City State’s Attorney.  Mosby faces a maximum sentence of five years in federal prison for each of the two counts of perjury. 

The conviction was announced by United States Attorney for the District of Maryland Erek L. Barron; Acting Special Agent in Charge R. Joseph Rothrock of the Federal Bureau of Investigation, Baltimore Field Office; and Special Agent in Charge Kareem A. Carter of the Internal Revenue Service – Criminal Investigation, Washington, D.C. Field Office.

U.S. Attorney Erek L. Barron said, “We humbly respect the court’s considered rulings, opposing counsels’ zealous advocacy, and the wisdom of both jury verdicts in this case and we remain focused on our mission to uphold the rule of law.”

“Ms. Mosby’s conduct undermines the confidence the public deserves to have in their government officials,” said Acting Special Agent in Charge R. Joseph Rothrock of the FBI’s Baltimore Field Office. “The jury’s decision holds Ms. Mosby accountable for disregarding the laws she swore to uphold. The FBI works diligently to ensure that anyone who engages in fraud and corruption will be held accountable for their bad acts.”

U.S. District Judge Lydia K. Griggsby has not yet scheduled a sentencing date in either of Mosby’s pending federal cases.

U.S. Attorney Erek L. Barron commended the FBI and IRS-CI agents for their work in the investigation and thanked the Baltimore City Office of the Inspector General for its assistance.  Mr. Barron praised Assistant U.S. Attorneys Sean R. Delaney and Aaron S.J. Zelinsky, for their focus and hard work throughout the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.

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Women Sentenced For Fraudulent Gift Letters In Support of Mortgage Loan Applications

Stephanie Abbott —  July 12, 2023 — Leave a comment

Lee Ann Benninghoff, 45, Aliquippa, Pennsylvania, has been sentenced in federal court to one (1) day of imprisonment and three (3) years of supervised release on her conviction of bank fraud and conspiracy.

According to information presented to the court, Benninghoff owned and operated Complete Escrow and Bella Casa Realty. From February 2014 through March 2017, Benninghoff used her position and connections in real estate financing, and conspired with others in the industry, to submit fraudulent gift letters in support of mortgage loan applications. The gift letters misrepresented the source of the funds and their purported purpose.

United States Attorney Eric G. Olshan made the announcement today.

Assistant United States Attorney Robert S. Cessar prosecuted this case on behalf of the government.

United States Attorney Olshan commended the Federal Housing Finance Agency Office of Inspector General, the U.S. Department of Housing and Urban Development Office of Inspector General, and the U.S. Secret Service for the investigation leading to the successful prosecution of Benninghoff.

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Realty Company Owner Pleads Guilty for Fraudulent Gift Letters

Stephanie Abbott —  March 16, 2023 — Leave a comment

Lee Ann Benninghoff,  44, Aliquippa, Pennsylvania, pleaded guilty in federal court to charges of bank fraud and conspiracy.

In connection with the guilty plea, the court was advised that Benninghoff owned and operated Complete Escrow and Bella Casa Realty. From February 2014 through March 2017, Benninghoff used her position and connections in real estate financing, and conspired with others in the industry, to submit fraudulent gift letters in support of mortgage loan applications The gift letters misrepresented the source of the funds and their purported purpose.

Benninghoff, pleaded guilty to two counts before United States District Judge Marilyn J. Horan.

Judge Horan scheduled sentencing for July 12, 2023, at 9 a.m. The law provides for a total sentence of not more than 30 years in prison, a fine of not more than $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Acting United States Attorney Troy Rivetti made the announcement.

Assistant United States Attorney Robert S. Cessar is prosecuting this case on behalf of the government.

The Federal Housing Finance Agency Office of Inspector General, the U.S. Department of Housing and Urban Development Office of Inspector General, and the U.S. Secret Service conducted the investigation that led to the prosecution of Benninghoff.

 

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Ex-Attorney Indicted on False Statement Charges

Stephanie Abbott —  November 17, 2020 — Leave a comment

Cherie Anne Washburn, 44, Lynchburg, Virginia, a former attorney who specialized in elder law and estate planning, was charged today with ten counts of wire fraud, two counts of making a false statement to a mortgage lender, and one count of mail fraud.

According to court documents, from around 2015 and continuing until 2018, Washburn engaged in a scheme to defraud and obtain money or property by fraudulent pretenses, representations or promises from elder victims C.A. and D.F. Washburn is alleged to have used the ill-gotten monies to enrich herself, including purchasing real estate and making donations to charities.

In or around March 2018, the indictment alleges, Washburn purchased a residence in Lynchburg, Va., for approximately $219,000 using monies belonging to victim C.A. and a mortgage lender. In order to complete the purchase, on or about April 22, 2018, Washburn submitted a letter to Quicken Loans falsely stating that victim C.A. provided Washburn with a gift of $40,000 for the purchase of 111 Wyndsong Place. The gift letter also falsely stated that victim C.A. was Washburn’s great-aunt. The next day Washburn deposited $45,000 from victim C.A.’s SunTrust Account to Washburn’s Wells Fargo account.

In 2015 and 2016, a senior care management service company referred victims C.A. and D.F. to Washburn for the purpose of obtaining elder legal services. Washburn subsequently entered separate Power of Attorney (POA) agreement with both victims. Under the terms of both POAs, Washburn was entitled to reasonable compensation and reimbursement for reasonable expenses for services rendered but could not use the personal property of the client to benefit the attorney.

The indictment alleges that despite the agreement, Washburn wrote multiple checks from victim C.A. and victim D.F.’s accounts to herself for personal benefit. These checks ranged in value from $4,200 to $40,000.

Additionally, the indictment alleges that in 2017, Washburn attempted to improperly make herself the beneficiary of two investment accounts held by C.A.. At the time, these accounts had a combined approximate value of $288,000.

Throughout 2017, the indictment alleges that Washburn made charitable donations using money fraudulently obtained from victims C.A. and D.F. These donations were made without the consent of the victims.

If convicted, Washburn faces up to 30 years in federal prison.

Acting United States Attorney Daniel P. Bubar and David W. Archey, Special Agent in Charge of the FBI’s Richmond Division made the announcement today following the defendant’s initial court appearance.

The investigation of the case was conducted by Federal Bureau of Investigation and the Lynchburg City Police Department. Acting United States Attorney Daniel P. Bubar, Assistant United States Attorney Michael Baudinet, and Special Assistant United States Attorney and Commonwealth Attorney for the City of Lynchburg Bethany Harrison are prosecuting the case for the United States.

An indictment is merely an accusation.  The defendant is presumed innocent until proven guilty in a court of law.

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New Jersey Fraudster Gets Two Years

Rachel Dollar —  July 28, 2015 — Leave a comment

Kenneth Sweetman, 34, Nutley, New Jersey, was sentenced to 24 months in prison for his role in a massive mortgage fraud scheme involving multiple properties in Elizabeth, New Jersey.  Sweetman previously pleaded guilty before U.S. District Judge Susan D. Wigenton to an information charging him with one count of conspiring to commit wire fraud affecting a financial institution.

According to documents filed in the case and statements made in court: Continue Reading…

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