9:03AM

3 indicted in ID Theft and bogus house sale allegations

In the following press release Michael J. Sullivan, United States Attorney for the District of Massachusetts announced that a man and two women were charged today in federal court with Conspiracy and Identity Fraud for fraudulently obtaining mortgage financing in connection with the fictitious sale of a Dorchester residence that they did not own.

United States Attorney Michael J. Sullivan, Warren T. Bamford, was joined in the announcement by Special Agent in Charge of the Federal Bureau of Investigations New England Field Division, Daniel Conley, Suffolk County District Attorney, Joanne Yarbrough, Acting Inspector in Charge of the U.S. Postal Inspection Services, Douglas A. Bricker, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation - Boston Field Office, Steven Ricciardi, Special Agent in Charge of the U.S. Secret Service, Colonel Mark Delaney, Superintendent of the Massachusetts State Police and Edward Davis, Boston Police Commissioner.

ANDRE LAMERIQUE, age 25, of 288 N. Main Street in Sharon, MA, JUDY BONAS, 51, of 527 W. 157th Street in New York City, and CARMELLA LASSEGUE, 25, of 317 Wood Avenue in Hyde Park, MA, were charged in a Grand Jury Indictment with Conspiracy and two counts of Identity Fraud.

The Indictment alleges that from December 2006 until they were arrested at the Suffolk County Registry of Deeds on January 23, 2007, LAMERIQUE, BONAS and LASSEGUE attempted to obtain more than $420,000 from a mortgage company by creating a fictitious “sale” of a residence in Dorchester, MA without the owner’s knowledge. The Indictment alleges that LAMERIQUE and BONAS obtained stolen identities and created false driver’s licenses for themselves, in order to pose as the “seller” and “buyer” of the property, and thereby fraudulently obtaining mortgage financing. The scam was discovered by the Massachusetts Financial Crimes Task Force, an inter-agency group composed of the U.S. Postal Inspection Service, the U.S. Secret Service, the Massachusetts State Police and the Boston Police Department. The defendants were arrested on January 23, 2007, at the Registry of Deeds when the closing was conducted by an undercover Massachusetts state trooper acting as the closing “attorney.”

If convicted on these charges, LAMERIQUE, BONAS and LASSEGUE each face up to 5 years imprisonment, to be followed by 2 years of supervised release, and a $ 250,000 fine on the Conspiracy count, and 15 years in prison, followed by 2 years of supervised release and a fine of $250,000 on each of the Identity Fraud counts.

The case was investigated by the U.S. Postal Inspection Service, Internal Revenue Service, Federal Bureau of Investigation, Boston Police Department, Suffolk County District Attorney’s Office and the Massachusetts State Police. It is being prosecuted by Assistant U.S. Attorney Victor A. Wild of Sullivan’s Economic Crimes Unit.

The details contained in the indictment are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Resources:
Press Release
Indictment

11:35AM

Former Mayor of Newark indicted in flipping and credit card fraud allegations

In the following press release New Jersey U.S. Attorney Christopher J. Christie and State Attorney General Anne Milgram announced that former Newark Mayor Sharpe James was charged in an Indictment today with using city-issued credit cards to spend lavishly on himself, eight female companions and others during personal trips and vacations to such places as Martha’s Vineyard, Rio de Janeiro, the Dominican Republic and Puerto Rico,.

The Indictment also charges James in a second fraud against the citizens of Newark in which he allegedly facilitated and approved the drastically cut-rate sale of city-owned land to Tamika Riley, one of his companions, who fraudulently reaped hundreds of thousands of dollars from the sales. She too is charged with this fraud in the Indictment.

Following the Indictment’s return, James, 71, surrendered voluntarily to Special Agents of the FBI and was scheduled to make an initial appearance in federal court. Riley, 38, was arrested by the FBI and was to appear in federal court as well.

Details of the credit card charges have been removed but can be seen by clicking here.

Riley of Jersey City is alleged to have made more than $500,000 from the purchase and sale of Newark properties in transactions facilitated by James’ official intervention as both Mayor and State Senator. The Indictment charges that James improperly steered properties to Riley under a program designed to enable experienced, financially sound and qualified developers to buy blighted municipally owned properties at substantially less than market rates on the condition that they rehabilitate the properties before reselling them at market prices. With James’s help, Riley acquired the properties at cut-rate prices and then quickly sold – or “flipped” – at least seven properties at much higher prices without any rehabilitation.

According to the charges, Riley had no real estate or construction experience; nor did she possess the financial wherewithal or backing required to participate in the program. She was, in fact, the owner of a failed Newark clothing store and had operated an entertainment and public relations firm that reported no income or assets on tax returns in 1999 or 2000, the years before she started flipping Newark properties, according to the Indictment.

At the same time, Riley raised and donated campaign funds for James and traveled internationally with him, enjoying vacations and meals funded in part with the Cityissued credit cards, according to the Indictment. James also intervened officially on Riley’s behalf in other ways, including attempting to help her secure a lease from Newark for office space; a $25,000 state grant for her corporation, TRI, and the sale of the basement level of 111 Mulberry Street, a City property. The latter two efforts did not succeed.

“The allegations in this Indictment are stark examples of the greed and arrogance of unchecked power,” Christie said. “When Sharpe James had a choice between enriching himself or helping the people of Newark, he chose self-enrichment. When he had the choice between impartially serving the citizens of Newark and the State of New Jersey or rewarding companions, supporters and himself with taxpayer money, he chose to cheat the people of Newark and the citizens of New Jersey.”

“The incidents of theft and abuse detailed in today’s Indictment allege a shameless and outrageous misuse of government funds that are stunning in their scope,” New Jersey Attorney General Anne Milgram said. “While a city struggles to balance its budget and provide vital services to its residents, its mayor spared no expense to entertain himself lavishly with public funds. Public officials are elected to serve the public, not exploit their positions for private gain.’”

“This Indictment of Senator and former Newark Mayor Sharpe James is powerful proof that the FBI will not allow corruption to exist in New Jersey government,” said FBI Special Agent in Charge Weysan Dun. “The citizens of this state place a tremendous amount of trust in elected officials when they vote them into office. When elected officials violate that trust the FBI will be there with its investigative resources and an unswerving resolve to fight corruption and greed.”

With respect to the Newark property fraud, the Indictment charges that James misused his positions as Mayor of Newark and State Senator to improperly favor Riley and obtain more than $500,000 in money and property for her by steering sales of city-owned property at steeply discounted prices to Riley, through her company, TRI. The charges further state that Riley, in turn, almost always shortly thereafter sold, or “flipped,” these properties for lucrative profits, without redeveloping them, as required by her contracts with Newark.

The Indictment alleges that Riley bought and resold the following Newark Properties:

Property Address

Date of Sale to TRI

Amount of Sale to TRI

Date of Resale by TRI

Amount of Resale by TRI

51-53 St. James Place (Phase I)

08-03-01

$4,000

09-04-01

$25,000

47 Parkview Terrace (Phase I)

08-03-01

$4,000

09-04-01

$25,000

47 St. James Place (Phase I)

08-03-01

$6,000

11-29-01

$155,000

829-831 South 12th St. (Phase I)

08-03-01

$2,000

11-29-01

$130,000

592 Bergen St. (Phase II)

04-09-02

$6,000

05-08-02

$50,000

740 S. 15th St (Phase II).

04-09-02

$6,000

05-08-02

$15,000

380-82 Avon Ave (Phase II)

04-09-02

$6,000

05-08-02

$15,000

590 Bergen St. (Amended Phase III)

02-17-05

$4,000

03-08-05

$100,000

86-88 W. Alpine St. (Amended Phase III)

02-17-05

$8,000

10-31-05

$150,000

During the fall of 2002, the City Council had approved and James had signed a contract for Riley to obtain another nine City of Newark properties. However, those sales were not consummated after James informed city employees, through an intermediary, that they should not conduct business with Riley at that time.

In 2004, as the issue of the power to engage in Newark property transfers remained a point of contention between James and the City Council, James introduced and shepherded to passage a state law that specifically expanded his powers over the land sales in the City of Newark. In support of the law, James accused City Council members of improperly arranging sales to benefit a “boyfriend, girlfriend, momma, poppa” and others.

The Indictment charges that in statements in support of his legislation before the state Senate’s Community and Urban Affairs Committee, on March 1, 2004, James said:

“What we have is that [City] Council people are giving themselves municipal land so that at the end of their term of office they will have acquired wealth based on the acquisition of municipal property which is contrary to law and very wrong …. This law is needed to ensure that we protect the public trust. That we do not allow thievery with municipal property….”

After this legislation was passed, and after a summer vacation and outings with James, according to the charges, Riley again began acquiring property from the City of Newark, including the purchase of two Newark parcels for $12,000 in February 2005, one of which she sold for $100,000 a month later and the other which she sold in October 2005 for $150,000, as described in the chart. She did not rehabilitate either of these properties as required.

The Indictment further charges that right after a stay with James at a resort in the Dominican Republic, Riley and James, as the City’s representative, executed another contract for the purchase of two more properties in May 2006, shortly before the end of James’ tenure as Mayor. These sales were never consummated based on court orders freezing those sales in late May/early June 2006.

The Indictment also charges Riley defrauding the New Jersey Department of Community Affairs (NJDCA) by obtaining significant housing subsidies ranging from approximately $666 per month in December 2001 to approximately $788 per month in or about 2005 to defray her personal rental expenses through false representations to the NJDCA, including failing to report the business income that she was obtaining through the Newark property sales.

The Indictment also charges Riley with corporate tax fraud for making false statements on her 2001, 2002 and 2005 corporate tax returns for TRI by intentionally not disclosing income from the property sales and by inflating certain items on her 2005 corporate return that under reported her business’s true gain for that year.

In connection with the land purchases and sales to Riley, James and Riley are charged with three counts of mail fraud and a count of fraud involving a local government which receives federal funding. James and Riley also are charged with conspiring to use the mails to deprive the governments that James served of his honest services as a Mayor and Senator, an offense that carries a maximum penalty of five years in prison, under Section 371.

Riley alone faces 20 years in prison per count in connection with the NJDCA mail fraud charges (Counts 26 to 29), 3 years in prison on each corporate tax fraud charge (Counts 30 to 32) and 5 years in prison on the tax evasion charge in connection with her personal tax return for 2005 (Count 33).

All counts in the Indictment carry a $250,000 fine, per count. An Indictment is merely an accusation. Despite Indictment, every defendants is presumed innocent unless and until proven guilty beyond a reasonable doubt.

Christie wished to credit Special Agents of the FBI, under the direction of Special Agent in Charge Weysan Dun; Special Agents of the IRS Criminal Investigation Division, under the direction of Special Agent in Charge William P. Offord, and investigators from the New Jersey under the direction of Attorney General Anne Milgram, for their combined expertise and exhaustive investigation of the case.

The case is being prosecuted by Assistant U.S. Attorney Judith H. Germano of the U.S. Attorney’s Office Special Prosecutions Division, and Special Assistant U.S. Attorney Perry Primavera, a Deputy State Attorney General on assignment from the New Jersey Attorney General’s Office.

Resources
FBI Press Release
Indictment - Part 1 (45 pages)
Indictment - Part 2 (45 pages)

3:37PM

Monterey (CA) man ordered to pay $100,000 in civil fraud prosecution

Monterey County District Attorney Dean Flippo  announced today that his Consumer Protection Unit has obtained a civil judgment in a real estate fraud investigation involving local business owner Robert Janssen and his company Abbey Management, Inc. The judgment concludes the District Attorney’s investigation of the defendants’ role in advertising, marketing and providing services in selling real estate without California licensure. While defendants did not admit liability in agreeing to the judgment, they will pay $100,000 in penalties and victim restitution for their role in the sale of a single Salinas home last August 2006.

According to the District Attorney’s civil complaint, the defendants engaged in false advertising and fraudulent business practices in the provision of real estate services and auction sales. On and after October 1, 2005, defendants Robert Janssen and Abbey Management, Inc. (d.b.a. Abbey Properties) represented themselves to be real estate professionals and claimed that they did not need California licensure in order to solicit, promote and/or sell properties. Additionally, the defendants falsely claimed ownership interests in those properties they marketed for sale and used false pretexts to approach and solicit clients whose homes they could try to sell to the public.

As to defendants’ unlawful business practices, the defendants allegedly acted as real estate sales agents in the marketing of homes, the solicitation of home buyers and the negotiation of sales price, all in violation of the
requirement that such one be licensed to provide such services pursuant to Business & Professions Code section 10130.

Under the judgment, Robert Janssen and Abbey Properties will pay $47,588.00 in civil penalties and refund $52,412 to a former client. In addition, the judgment contains a permanent injunction ordering the defendants to abide by California laws and also imposes monitoring terms which will enable the District Attorney to verify defendants’ compliance with the judgment over the next three (3) years.

The District Attorney asks that anyone having information as to the business activities or advertising of Robert Janssen, Abbey Management, Inc. or Abbey Properties contact its Consumer Protection Unit.

Resources:
District Attorney’s press releaase

2:43PM

Recent Case Updates

2:15PM

Brooklyn Attorney indicted in Lipkin et al mortgage fraud case

The United States Attorney for Southern New York today announced the arrest of Alexander Kaplan, a Brooklyn attorney, in a complaint related to the superseding indictment issued yesterday against Lipkin and 25 other defendants

Please click here for more detail

1:57PM

Superseding indictment issued in Lipkin and others case

The United States Attorney for the Southern District of New York has filed a superceding indictment in the sub-prime mortgage fraud case it reported earlier this year.

Please click here to read the full article.

11:50AM

Three indicted by Manhattan DA in real estate investment scam

In the following press release Manhattan District Attorney Robert M. Morgenthau announced today the grand larceny and securities fraud indictment of two California women who stole over $1,600,000 from investors largely from the New York area. A Brooklyn woman has also been indicted for securities fraud and scheme to defraud for fraudulently inducing her clients and others to invest with the California women.

The indictment charges that between 2005 and 2006, CARLA ZIMBALIST and PAM CHANLA, also known as SAYASITH KHAMMANIVONG, sole partners in CPM HOLDINGS INC., PMC INTERESTS, INC., AND SCOTT AVENUE DEVELOPMENT, INC., stole money from twenty-three investors. ZIMBALIST and CHANLA found these investors through JENNIFER WILKOV, who at the time was a financial advisor at American Express Financial Advisors. WILKOV used her position to solicit her clients and others for this investment.

All three defendants told investors that ZIMBALIST and CHANLA would use their investments to purchase and renovate southern California residential properties. The defendants promised investors large profits after the properties were sold. In fact, ZIMBALIST and CHANLA never owned six of the nine advertised properties. Although ZIMBALIST and CHANLA did own two of the properties at some point, they fell into foreclosure after ZIMBALIST and CHANLA failed to make payments on the loans they had used to purchase the properties. A brother of one of the defendants owned the ninth property. This individual sold the home at a profit, but no money was ever returned to any of the investors.

ZIMBALIST and CHANLA used a large portion of the stolen investor money to pay for personal expenses and civil judgments that had been entered against them for similar thefts from California victims who had previously invested in different properties. A criminal investigation into those activities is being conducted by Detective Simeon Plyler of the Los Angeles County Sheriff’s Department.

WILKOV was a certified financial planner and a member of the Advanced Advisor Group at American Express Financial Advisors when she began soliciting her clients and others for these investments, which were not endorsed by American Express. WILKOV received more than $140,000 from ZIMBALIST and CHANLA in commissions and consulting fees for recruiting investors. In August 2005, WILKOV left American Express to open her own Brooklyn-based company, Evolutionary Strategic Planning. WILKOV is also the author of The Loved Ones Kit , Dating Your Money , and Dating Your Money for Couples .

The Grand Jury charged ZIMBALIST, CHANLA, AND WILKOV with Scheme to Defraud in the First Degree, and multiple counts of securities fraud in violation of the New York General Business Law, Section 352-c (the Martin Act). The Grand Jury also charged ZIMBALIST and CHANLA with numerous counts of Grand Larceny in the Second and Third Degrees. Grand Larceny in the Second Degree is a class C felony punishable by up to 15 years in prison. Grand Larceny in the Third Degree is a class D felony punishable by up to 7 years in prison. Scheme to Defraud in the First Degree and securities fraud under the New York General Business Law, Section 352-c (the Martin Act) are class E felonies punishable by up to 4 years in prison.

Assistant District Attorney Judith Weinstock presented the case to the grand jury under the supervision of Frauds Bureau Chief Michael Kitsis and Deputy Chief Jeannette Molina. Investigators Daniel Frooks and Gerald Bergold assisted in the investigation under the supervision of Supervising Investigator Steven McCallion, Deputy Chief Investigator Thomas Jackson, Assistant Chief Investigator Terry Mulderrig, and Chief Investigator Joseph Pennisi. Also assisting were Senior Financial Investigator Nicholas Cangro, and Trial Preparation Assistants Kristen McKeon and Jason Fuhrman. The District Attorney’s Asset Forfeiture Unit under the supervision of Assistant District Attorney Tara Miner, Chief of the Asset Forfeiture Unit, is pursuing WILKOV for the return of the investors’ money.

Mr. Morgenthau thanked Detective Simeon Plyler of the Los Angeles County Sheriff’s Department, District Attorney Steve Cooley and Deputy District Attorney Celia Politeo of the Los Angeles County District Attorney’s Office, and District Attorney Gregory Totten and Senior Deputy District Attorney William Karr of the Ventura County District Attorney’s Office for their cooperation in the investigation.

Defendant Information

CARLA ZIMBALIST
DOB: 1/9/1945
8908 Alto Cedro Drive
Beverly Hills, CA 90210

PAM CHANLA
DOB: 1/1/1974
25 North Hampton Court
Alhambra, CA 91801

JENNIFER WILKOV
DOB: 10/27/1968
40 Clinton Street, Apt. 6F
Brooklyn, New York 11201

4:03PM

Illinois real estate agent indicted in HUD mortgage fraud case

In the following press release Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois; Robert D. Grant, Special Agent-In-Charge of the Chicago Office of the Federal Bureau of Investigation; and Barry McLaughlin, Special Agent-In-Charge of the Chicago Field Office of the Department of Housing and Urban Development – Office of the Inspector General (“HUD-OIG”), today made the following announcement:

Ray%20Talan.jpgA federal grand jury in Rockford today returned a 10-count indictment charging Rockford real estate agent RAYMOND S. TALAN, (pictured left) 41, Caledonia, Illinois, with mortgage fraud. Specifically, the indictment alleges that Talan conducted a scheme to defraud commercial lenders and HUD by causing unqualified loan applicants to receive commercial and Federal Housing Administration (“FHA”) insured loans.

(Picture from Rockford Re-Max website)

According to the indictment, to be eligible to receive an FHA insured loan, a borrower must:
(1) have sufficient income to make their mortgage payments
(2) have satisfactory credit standing, including timely payment of their prior rental obligations
(3) invest 3% equity into the house they are purchasing. The indictment further alleges that commercial lenders often impose similar requirements for borrowers who obtain conventional loans, including requirements that the borrowers have sufficient income to make their mortgage payments and invest a certain percentage of equity in the houses they are purchasing.

The indictment alleges that from June 2002, through approximately March 2004, Talan caused numerous documents to be falsified in order to get his loan customers qualified to receive both FHA-insured loans and conventional loans. Specifically, the indictment charges that Talan created fraudulent “Verifications of Employment” forms, false pay-stubs, and fictitious IRS Forms W-2. These fraudulent employment documents, the indictment alleges, falsely stated that Talan’s real estate customers were employed at certain businesses, including businesses that Talan and his family members owned or were connected with. The indictment further charges that Talan also caused fraudulent “Verification of Rent” forms to be prepared for some of this customers. In addition, the indictment alleges that Talan caused fraudulent cashier’s checks to be created in order to mislead HUD and the private lenders into believing that his customers had invested a certain percentage of their own funds in the houses they were purchasing. According to the indictment, the fraudulent documents that Talan created and caused to be created were placed in the loan files that were sent to HUD and the private lenders.

The indictment alleges that the Talan conducted the fraud scheme in order to increase the amount of commissions he earned on real estate sales. According to the indictment, this scheme has placed HUD and the private lenders at risk of losing more than $200,000.

Talan is charged with two counts of interstate carrier fraud, five counts of wire fraud involving a financial institution, and three counts of making false statements in the jurisdiction of a federal agency. Each charge of wire fraud involving a financial institution carries a maximum penalty of up to 30 years imprisonment and a fine of up to $1,000,000. Each charge of interstate carrier fraud carries a maximum penalty of up to 20 years of imprisonment and a fine of up to $250,000. Each charge of making a false statement within the jurisdiction of a federal agency carries a maximum sentence of five years of imprisonment and a fine of up to $250,000. If convicted, Talan’s actual sentence will be determined by the United States District Court, guided by the United States Sentencing Guidelines.

Talan will be arraigned by United States Magistrate Judge P. Michael Mahoney on Monday, July 9, 2007, at 11:45 a.m., at the federal courthouse in Rockford.
The case is being investigated by the Rockford office of the FBI and the Chicago office of HUD-OIG. The case will be prosecuted in federal court by Assistant United States Attorney Scott A. Verseman.

Resources:
Press Release
Indictment