New York Mortgage Brokers Use “Straw Buyers” And Fraudulent Income To Defraud Lenders And Fund Cocaine Distribution Ring

21 11 2008

“…Three of the defendants charged with mortgage fraud were also indicted for participation in a cocaine distribution ring, says a spokesman for the U.S. Attorney for the Eastern District of New York…”

“…the men would trick homeowners who were in danger of defaulting on their mortgages into signing over their property titles to Home Cash or Property Cash, after promising the victims they could prevent their homes from being foreclosed upon, prosecutors say…”

“…Once the properties were bought by the straw buyers they were often re-sold to another straw buyer who had also taken out fraudulent mortgage loans. The properties were then re-sold at inflated prices. The higher the price of the property, the higher the value of the loan straw buyers would ask lenders for, prosecutors say. ..”

http://www.longislandpress.com/articles/news/570/ 

Sixteen people were charged in a grand jury indictment that was unsealed on Nov. 19 with bilking mortgage lenders out of more than $13 million dollars in loans in connection with approximately 28 Long Island properties, according to federal prosecutors. Three of the defendants charged with mortgage fraud were also indicted for participation in a cocaine distribution ring, says a spokesman for the U.S. Attorney for the Eastern District of New York.

Immigration and Customs Enforcement investigators, along with members of the Organized Crime Drug Enforcement Task Force, uncovered the two separate fraud schemes and the drug ring. The complex scams involved mortgage brokers, real estate appraisers, loan processors, and a bank employee, Gloria Espenas, the former vice president of a JP Morgan Chase branch in Nassau County.

In the first alleged scheme, Robert Guerrero, owner of Property Cash in Greenlawn, and Gary Jacques, owner of Home Cash in Huntington Station, used their companies to purchase Long Island real estate. In some cases, the men would trick homeowners who were in danger of defaulting on their mortgages into signing over their property titles to Home Cash or Property Cash, after promising the victims they could prevent their homes from being foreclosed upon, prosecutors say.
 
In other cases, the men allegedly utilized straw buyers, or stand-in buyers with good credit to secure mortgage loans for properties that Guerrero and Jacques said they could not obtain by themselves. The loans for the properties―located in towns including Huntington, Huntington Station, Greenlawn, Bayshore and Uniondale―that were secured by “fraudulently overstating,” the straw buyers’ financial condition, authorities say.  Sometimes Guerrero or Jacques would deposit checks into the straw buyer’s bank accounts or tell the mortgage lender that the buyer worked for Home Cash or Property Cash and had a high salary, to give the impression that the buyer was financially sound, according to court documents.

Once the properties were bought by the straw buyers they were often re-sold to another straw buyer who had also taken out fraudulent mortgage loans. The properties were then re-sold at inflated prices. The higher the price of the property, the higher the value of the loan straw buyers would ask lenders for, prosecutors say. In this first scheme lenders were defrauded out of nearly $9 million in mortgage loans in connection with approximately nineteen different properties.

Allegedly complicit in the scheme is Michael McEnroe, who served as a
loan processor and mortgage broker for many of the fraudulent mortgage applications. Also involved was real estate appraisers Lawrence Albers and Al Cassiano, Jr., who inflated the value of properties, so as to deceive lenders into thinking they would have a valuable home as collateral if the buyers could not pay back the loan.

Three of the men charged for fraud in the first mortgage loan scheme were also charged with distributing and conspiring to distribute more than five kilograms of cocaine. Gary Jacques is charged with separate offenses involving the importation of more than 500 grams of cocaine into the U.S.

In the second scheme uncovered in the same investigation, Michael McEnroe and Ryan Gosin, who control the Able Group, Able Funding and Able Development, and Walmart Construction located in East Meadow and Baldwin at different times. The men allegedly used the companies to fraudulently acquire mortgage loans for LI property. The men also utilized straw buyers to acquire mortgage loans for property in Merrick, East Islip and Valley Stream.

Sometimes McEnroe and Gosin would pay the straw buyer between $5,000 and $10,000 for their participation. They also told the buyers they would make all mortgage payments on their behalf. Once the straw buyer agreed to buy the property they would provide McEnroe or Gosin with their personal information, such as their social security number and their date of birth to be used on the fraudulent loan application.

Espenas, the former JP Morgan Chase branch vice president, allegedly signed and provided fraudulent verification of deposit forms in which she overstated the value of the straw buyers’ assets on deposit at the bank, so their loan would be approved.

In this second scheme, lenders were defrauded of nearly $5 million in mortgage loans in connection with approximately nine different properties. Several of the properties in both schemes are now in foreclosure.

If convicted, the defendants face a maximum sentence of 30 years in prison on each count of bank fraud or conspiracy to commit bank fraud, 20 years for each count of wire fraud, money laundering, and conspiracy to commit wire fraud or money laundering. They also face 10 years in prison on the count of stealing government funds and up to life in prison on each count of trafficking in more than five kilograms of cocaine. Gary Jacques also faces up to 40 years in prison on each count relating to the importation of cocaine into the United States.
 





Missouri Mortgage Brokers Defraud Lenders Through “Down Payment Kickback” Scheme

21 11 2008

“…Investigators believe Davis, Spencer and Moore were involved in a scheme to defraud home mortgage lenders from January 2006 through February 2007. Davis and Spencer solicited persons to buy homes with the understanding that they would return a significant portion of the purchase price of the home to the purchaser afterward….”

“…prepared loan applications, investigators say, on behalf of the prospective purchasers that contained material false statements, and submitted those applications to lenders outside Missouri. Davis did not disclose to the lenders that a significant portion of the home’s purchase price would be returned to the purchaser…”

http://www.ky3.com/news/local/34838834.html

 Several mortgage brokers are among six area residents indicted by a federal grand jury on Thursday for participating in several related mortgage fraud schemes in Christian and Greene counties.

Charles Davis, 34, of Rogersville; Cheryl Kassebaum, 42, and her husband, Scott Kassebaum, 42, of Ozark; Randall Hall, 59, and Shanda Moore, 44, both of Springfield; and Steven Spencer, 47, of Carl Junction are charged in a 55-count indictment.

Davis, a former mortgage broker, was the owner of Master Marketing Consultants. The Kassebaums, former mortgage brokers, were owners of Metro Consulting Group. Hall is a former mortgage broker.

Investigators believe Davis, Spencer and Moore were involved in a scheme to defraud home mortgage lenders from January 2006 through February 2007. Davis and Spencer solicited persons to buy homes with the understanding that they would return a significant portion of the purchase price of the home to the purchaser afterward.

Davis then prepared loan applications, investigators say, on behalf of the prospective purchasers that contained material false statements, and submitted those applications to lenders outside Missouri. Davis did not disclose to the lenders that a significant portion of the home’s purchase price would be returned to the purchaser.

Moore’s role in the conspiracy was to verify the false income and employment information contained in the fraudulent loan applications.

This scheme involved 13 houses, according to the indictment, with home mortgage loans ranging from approximately $200,000 to $500,000. The amount of loan proceeds returned to the borrowers ranged from less than $30,000 to more than $100,000.

Some of the home purchasers defaulted on the loans, and the homes have been foreclosed or are in the process of being foreclosed.

In addition to the conspiracy, Davis is charged with 13 counts of wire fraud and Spencer with six counts of wire fraud related to the transfer of loan proceeds in this scheme.

Davis is also charged with 13 counts of engaging in monetary transactions in criminally derived property and Spencer with six counts of engaging in monetary transactions in criminally derived property. Those counts relate to the transfers of funds back to the borrowers in this scheme.

The indictment also charges that Davis and the Kassebaums were involved in a similar mortgage fraud conspiracy from March to July 2006. This scheme involved seven houses, according to the indictment, with home mortgage loans ranging from approximately $200,000 to more than $400,000.

The amount of loan proceeds returned to the borrowers ranged from less than $30,000 to nearly $100,000. Some of the home purchasers subsequently defaulted on the loans, and the homes have been foreclosed or are in the process of being foreclosed.

In addition to the conspiracy, Davis and Cheryl Kassebaum are charged with seven counts of wire fraud and Scott Kassebaum with two counts of wire fraud related to the transfer of loan proceeds in this scheme.

Davis and Cheryl Kassebaum are also charged with seven counts of engaging in monetary transactions in criminally derived property and Scott Kassebaum with two counts of engaging in monetary transactions in criminally derived property related to the transfers of funds back to the borrowers in this scheme.

The indictment charges that Hall and Spencer were involved in a similar mortgage fraud conspiracy from November 2005 to October 2006. This scheme involved nine houses, according to the indictment, with home mortgage loans ranging from less than $300,000 to more than $750,000.

The amount of loan proceeds returned to the borrowers ranged from$15,000 to more than $141,000. Some of the home purchasers subsequently defaulted on the loans, and the homes have been foreclosed or are in the process of being foreclosed.

In addition to the conspiracy, Hall and Spencer are charged with nine counts of wire fraud related to the transfer of loan proceeds in this scheme. Hall and Spencer are also charged with three counts of engaging in monetary transactions in criminally derived property related to the transfers of funds back to the borrowers in this scheme