Pittsburgh Attorney Pleads Guilty to Bank Fraud Charge 

In the following Press Release the FBI in Pittsburgh, PA announced that an attorney has pleaded guilty in federal court to a charge of bank fraud, United States Attorney David J. Hickton announced today. Erik Sobkiewicz, 51, of 432 Morewood Ave., Pittsburgh, Pa., pleaded guilty to one count before United States District Judge David Cercone.

Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government. Mr. Conway provided the following information to the Court at the time of the plea:

Sobkiewicz was an attorney involved in a number of interrelated schemes. The first scheme, involved Sobkiewicz embezzling funds from the law firm that employed him. He used the resources of the law firm to advance businesses that he, unbeknownst to the law firm, controlled. He had the law firm invoice those businesses, knowing that the businesses would not pay the bills. The billings lulled the law firm into believing that what the defendant was doing was legitimate. In addition, he diverted money from a real estate closing owed to the law firm to a personal account, and he diverted client funds held in the law firm’s escrow account to his personal account.

Sobkiewicz was also involved in several loan fraud schemes. He applied for a series of loans from Indiana First Savings Bank. For the last of the loans, which was for $350,000, Sobkiewicz used the securities account of an individual as collateral for the loan without that individual’s permission, and he falsely represented that Indiana First Savings Bank would be in first lien position with regard to the property serving as collateral for the loan when, in fact, Indiana First Savings Bank was not going to be in first lien position because of a previous loan Sobkiewicz obtained collateralized by that property.

Another loan fraud scheme involved Milestone Bank and a property in Philadelphia that Sobkiewicz claimed he was developing. As with Indiana First Savings Bank, Sobkiewicz falsely represented to Milestone Bank, the lender in the Philadelphia transaction, that Milestone Bank would sit in first lien position when, in fact, Milestone Bank was going to be in second lien position because of a previous loan obtained by Sobkiewicz and collateralized by this property. Sobkiewicz forged a mortgage satisfaction of the lender in first lien position to make it appear as though Milestone Bank would be in first lien position.

In addition, Milestone Bank wanted to see that Sobkiewicz had invested his own money into the Philadelphia property and that he had equity in the property. He was able to show them a $600,000 investment of purportedly his own money. In reality, however, the $600,000 was not Sobkiewicz’s money. He obtained that money by soliciting the investment of another individual using a series of misrepresentations, including that the investor would be in second lien position behind only Milestone Bank with regard to the Philadelphia property and in first lien position with regard to other properties owned by Sobkiewicz. In reality, the investor is in third lien position with regard to the Philadelphia property in the second lien position with regard to the other properties.

Judge Cercone scheduled sentencing for May 21, 2015, at 10 a.m.. The law provides for a total sentence of 50 years in prison, a fine of $1,250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

The Federal Bureau of Investigation and the Allegheny County District Attorney’s Office conducted the investigation that led to the prosecution of Sobkiewicz.

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Roseville (CA) Couple Plead Guilty in Loan Modification Scam

In the following press release Benjamin B. Wagner, United States Attorney for the Eastern District of California, announced that Martin Wayne Flanders, 50, formerly of Roseville, and Ligia Sandoval Spafford, 48, of Roseville, pleaded guilty today to mail fraud for their participation in a fraud scheme that targeted distressed homeowners,

According to court documents, between 2008 and 2010, Flanders charged clients advance fees in exchange for a number of financial services, including loan modifications, mortgage loan audits, credit repair, debt relief, bankruptcy filings, and a program to sell homes to “investors” with a rent-to-own option. Flanders and Sandoval marketed these services to economically distressed homeowners with particular emphasis on those who were Spanish-speakers. During a radio program aired twice weekly by a Bay Area Spanish-language Christian radio station, Radio Luz, Sandoval promoted the services she and Flanders offered. Flanders also advertised on a Spanish-language television station, Univision, and in Spanish-language magazines. About 98 percent of the defendants’ clients were of Hispanic descent, some of whom spoke little to no English. Sandoval speaks Spanish; Flanders does not.

Flanders and Sandoval made numerous false statements to investors as to the success of the programs being offered or refunds that would be available if the programs were not successful. “Ghost offers” – i.e., fictitious offers to purchase the victim’s property through short sale – and “skeleton bankruptcies” – i.e., sham bankruptcy petitions that were quickly dismissed by the bankruptcy court – were also used by Flanders or Sandoval to try to stall the foreclosure process. At least 25 to 30 individuals paid for services and did not receive them or did not receive refunds when the programs failed to deliver as promised. The total loss to the victims is at least $120,000. Some homeowners who were not able to obtain relief were foreclosed upon by their lenders.

“Flanders and Sandoval took advantage of victims with limited English proficiency,   when those victims were most financially vulnerable,” said United States Attorney Wagner.  “Predatory fraud schemes of this sort have been, and will continue to be, a prime focus of our efforts to prosecute mortgage fraud.”

This case is the product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorney Todd A. Pickles is prosecuting the case.

Flanders has been detained since his arrest in October 2012. Sandoval is currently out of custody.

Flanders and Sandoval are scheduled to be sentenced by United States District Judge Troy L. Nunley on June 11, 2015.  Flanders and Sandoval face a maximum statutory penalty of 20 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.


Former North Miami Mayor’s Co-Defendant Sentenced in Multi-Million Dollar Mortgage Fraud Scheme 

In the following press release the FBI in Miami announced that a Miramar resident and mortgage lender was sentenced today to 100 months’ imprisonment, to be followed by five years of supervised release, and ordered to pay $8,215,197.28 in restitution for his recruitment of straw buyers and other conduct in an $8,000,000 mortgage fraud scheme.

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Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Drew J. Breakspear, Commissioner, Florida Office of Financial Regulation, made the announcement.

Karl Oreste, 56, pled guilty in July 2014 to one count of conspiracy to commit wire fraud affecting a financial institution. According to documents filed with the court and statements made in court during the plea, Oreste, president of KMC Mortgage Corporation of Florida, a mortgage lending business located in North Miami Beach, along with co-defendants, Okechukwu Josiah Odunna, a/k/a “O.J. Odunna,” Marie Lucie Tondreau, a/k/a “Lucie Tondreau”, and Kelly Augustin, operated a multi-million dollar mortgage fraud scheme in Miami-Dade and Broward Counties, between December 2005 and May 2008. Oreste and Tondreau, who at the time was a community activist, hosted several radio show programs in the South Florida area which catered to the South Florida Haitian community. During these programs they advertised the services offered by KMC Mortgage. Oreste and Tondreau recruited and paid some of the listeners who responded to those advertisements, as well as other individuals, to pose as borrowers to purchase properties identified by Oreste. Augustin, an employee of KMC Mortgage, also recruited straw borrowers.

According to statements made in court, Oreste, Odunna and other co-conspirators prepared or caused to be prepared applications on behalf of straw borrowers. Odunna was an attorney previously licensed to practice law in Florida and president of O.J. Odunna, P.A. and Direct Title and Escrow Services. These loan applications included false information relating to employment, wages, assets and intent to make the property being purchased a primary residence. The loan applications and documents were submitted by co-conspirators to various mortgage lenders throughout the United States. Once the loan applications were approved, the defendant wired loan funds to O.J. Odunna, P.A., Direct Title or other title companies for closing.

In some instances Oreste, Odunna and other co-conspirators created and submitted duplicate HUD-Settlement Statement Forms, which grossly inflated the true purchase price of the properties. Lenders were not told how the loan proceeds were being disbursed.

At closing, a portion of loan proceeds were disbursed to Oreste through his company, JR Investment and Mortgage Corporation, or other bank accounts controlled by him. A portion was in some instances diverted to accounts controlled by O.J. Odunna, P.A. and Direct Title. Oreste disbursed some of the proceeds that he received to pay recruiters, such as Tondreau and Augustin, and straw borrowers. Oreste also transferred a substantial portion of the funds to the bank account of LTO Investment Corporation’s, a company controlled by Tondreau. Tondreau used funds deposited in LTO Investment Corporation’s bank accounts to make payments on the falsely and fraudulently obtained mortgages in order to maintain the loans, and to conceal and further the fraud. She also used a portion of the funds deposited into LTO Investment Corporation’s bank accounts for her own personal use and benefit.

Over the course of the conspiracy, the defendants fraudulently obtained loans on approximately 20 properties, for which the lenders have suffered losses in the amount of approximately $8.2 million.

Mr. Ferrer commended the investigative efforts of the FBI and Florida’s Office of Financial Regulation. The case was prosecuted by Assistant U.S. Attorney Lois Foster-Steers.

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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.


Mastermind of Florida Equity Skimming Scheme is Found Guilty

In the following press release A. Lee Bentley, III, United States Attorney for the Middle District of Florida announced that a federal jury has found Stephen Mayer (51, Miami) guilty of conspiracy to commit wire fraud affecting a financial institution and nine counts of wire fraud affecting a financial institution. He faces up to 30 years in federal prison on each count. His sentencing hearing is scheduled for May 5, 2015. Mayer was indicted on May 13, 2014.

According to evidence presented at trial, Mayer used a variety of shell companies that he controlled to purchase distressed properties. He then flipped the properties the same day or within days to “credit partners” for an increased price, and kept the proceeds. These “credit partners” were recruited by Mayer because they had good credit and were willing to sign documents. The partners never intended to live in the properties or make any mortgage payments. In exchange for helping him get the mortgages, Mayer would pay the down payment and mortgage, and pay the “credit partners” a commission from his proceeds.

Mayer also facilitated the securing of mortgages, many from FDIC-insured lenders, based on false information about the borrowers’ income, employment, and assets. Mayer instructed the “credit partners” to deed the properties back to him and/or companies under his control so that he could flip them again to other “credit partners” at increased prices, thereby skimming the equity.  Mayer failed to make mortgage payments as promised, and each of the properties ultimately went into foreclosure. He used the proceeds from his real estate flipping scheme to fund a lavish personal lifestyle. Agents identified more than 20 homes used by Mayer in this flipping conspiracy and estimate losses to the lenders in excess of $3 million.

This case was investigated by the Florida Department of Law Enforcement and the United States Secret Service. It is being prosecuted by Assistant United States Attorneys Kelley Howard-Allen and Mandy Riedel.


Two women sentenced in $7.5 million Maryland mortgage fraud case

In the following press release from the FBI it was announced that Orpel Tucker, 44, of Washington, D.C., and Tania Firmani, 46, of Brooms Island, Maryland, have been sentenced to prison terms for their roles in a mortgage fraud scheme that cost mortgage lenders more than $1.3 million.

Tucker was sentenced on May 16, 2013, to a 37-month prison term, and Firmani was sentenced today to 15 months of incarceration. Both appeared before the Honorable Reggie B. Walton in the U.S. District Court for the District of Columbia.

The sentences were announced by U.S. Attorney Ronald C. Machen, Jr.; Gary R. Barksdale, Inspector in Charge, Washington Division, U.S. Postal Inspection Service; Joseph W. Clarke, Special Agent in Charge of the Office of Inspector General of the U.S. Department of Housing and Urban Development; Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office; and William P. White, Commissioner of the District of Columbia Department of Insurance, Securities and Banking.

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Two former Maui residents indicted in investment scheme

In the following press release the FBI in Honolulu announced that a federal grand jury in Honolulu, Hawaii today returned a 17-count indictment of George Lindell, age 65, and Holly Hoaeae, age 39, for operating an alleged pyramid, or Ponzi, scheme between January 2005 and November 2010. The indictment charges Lindell and Hoaeae, who were Maui residents at the time of the alleged offenses, with 13 mail fraud and three wire fraud violations and one count of money laundering conspiracy, each of which carry a maximum sentence of 20 years’ imprisonment. The indictment also seeks a forfeiture of various properties and assets, including up to $8,626,588.86, which the indictment alleges represents the total amount of proceeds obtained as a result of the fraud. In addition, the defendants face fines of up to $250,000 on each of the fraud violations and up to $500,000 or twice the value of the funds or financial instruments involved on the conspiracy charge.

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Three Ohio men sentenced in foreclosure rescue scam

Adam P. Moellers, 35, of Mason, Ohio, was sentenced to 36 months in prison, and Gary P. Dailey, aka Gary Klump, 33, of Covington, Kentucky, was sentenced to 21 months in prison in U.S. District Court today for engaging in a foreclosure rescue scheme through a company called American Equity Group (AEG). A third defendant, Perry Bensick, 37, of Monroe, Ohio, was sentenced on May 21 for his role in the scheme to a year and a day in prison. Each will be placed under court supervision for three years after their prison terms end.

Carter M. Stewart, United States Attorney for the Southern District of Ohio; Ohio Attorney General Mike DeWine and Kevin Cornelius; Special Agent in Charge, Federal Bureau of Investigation, Cincinnati Field Division (FBI), announced the sentences imposed by U.S. District Judge Michael Barrett.

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Key West woman pleads guilty to obstruction of justice in mortgage fraud case

United States Attorney Robert E. O’Neill announces that Karen Galo (33, Key West) pleaded guilty yesterday to unlawfully disclosing a federal grand jury subpoena to a third party with the intent to obstruct a judicial proceeding.  Galo faces a maximum penalty of 5 years in federal prison.

According to the plea agreement, on October 9, 2008, Galo, in her capacity as an officer of Key West Bank, received two federal grand jury subpoenas related to an investigation into mortgage fraud and money laundering.  Galo knew the subject of the grand jury subpoenas.  After receiving the grand jury subpoenas at the bank, Galo contacted the subject and sent him the subpoenas by fax.  Galo disclosed the subpoenas to the subject with the intent to obstruct the investigation being conducted in Tampa.  Included with the grand jury subpoenas served on the bank was a warning letter notifying Galo that it is a federal crime to disclose a federal grand jury subpoena received by a financial institution.  Galo included the letter in the fax sent to the subject, along with the two subpoenas.  Two days after the subject received the grand jury subpoenas, he fled the United States.

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