$5.5M Fraud Scheme

Jeffrey Gonsiewski, 56, Wood Dale, Illinois, a former suburban bank vice president pleaded guilty to federal fraud charges, admitting that he changed the terms of at least 100 loans for at least 50 customers and caused the bank to lose at least $5.5 million. Gonesiewski, formerly vice president of the loan department at First Security Trust and Savings Bank, Elmwood Park, Illinois, altered loan documents to make it appear that customers' payments were current when he knew they were actually overdue, which prevented the bank from taking timely action to collect delinquent loans and protect its assets.

Gonsiewski pleaded guilty to one count of bank fraud after being charged last month. U.S. District Judge Elaine Bucklo set sentencing for Dec. 3. He faces a maximum penalty of 30 years in prison and a $1 million fine, while a written plea agreement contemplates an advisory federal sentencing guideline range of 51 to 78 months in prison. The Court also must order mandatory restitution.

According to a written plea agreement, between September 2004 and February 2009, Gonsiewski caused the bank to issue unsecured and undersecured loans by falsely representing that the loans were secured by adequate collateral even though he knew that the collateral was either nonexistent or insufficient to secure the loans. He also changed the terms and conditions of loans to conceal that payments were overdue; fraudulently caused the bank to cover checks totaling more than $2 million written on overdrawn accounts; and created false loan documents, including forging signatures.

The guilty plea was announced by Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, and Robert D. Grant, Special Agent-in-Charge of the Chicago Office of Federal Bureau of Investigation.

McLean Man Sentenced 63 Months for Mortgage Fraud

Aaron V. Hernandez, 41, of McLean, Va., was sentenced to 63 months in prison, followed by four years of supervised release, for running a mortgage fraud scheme that caused more than $4.5 million in losses. Hernandez was ordered to pay more than $4.5 million in restitution and was ordered to forfeit approximately $2.4 million.
On May 21, 2010, Hernandez pled guilty to conspiracy to commit mail fraud and bank fraud. According to court documents, Hernandez was employed by a company in Woodbridge, Va., during 2006 and learned from its employees how to falsify the loan applications of prospective purchasers of vacant, sub-divided lots in North Carolina and South Carolina. The fraud included providing fake employment information and inflating buyers’ income levels, value of the real estate that they owned, or other liquid assets purportedly held by the applicants.
In December 2006, Hernandez struck out on his own and formed mortgage companies in Northern Virginia, using the same fraudulent practices he learned from his previous employer. His businesses grew to more than 10 employees, at least three of whom he conspired with to provide false and fraudulent loan applications to lenders.

Court documents list at least 14 properties that Hernandez financed through these fraudulent practices, all of which eventually resulted in foreclosure. The financial loss suffered totaled more than $4.5 million.

GEORGE ESSO and RAVI PERSAUD found guilty in a multi-million-dollar mortgage fraud scheme

GEORGE ESSO, a former loan officer, were found guilty of participating in a multi-million-dollar mortgage fraud scheme through GuyAmerican Funding Corp., a mortgage brokerage located in Queens, New York. The scheme involved the use of numerous fraudulent loan applications designed to trick banks into lending money to unqualified borrowers for the purchase of residential properties in the New York City area. In total, ESSO and RAVI PERSAUD were charged along with eight other defendants in a scheme that defrauded banks out of more than $23 million in home mortgage loans.

ESSO, 38, of Saint Albans, New York, was convicted of one count of conspiracy to commit bank and wire fraud and one count of bank fraud, and faces a maximum penalty of 60 years in prison.

RAVI PERSAUD, 44, of Glen Head, New York, was convicted of one count of bank and wire fraud and three counts of bank fraud. He faces a maximum sentence of 120 years in prison.

Both defendants will be required to pay restitution to the victims of their offenses, and to forfeit the proceeds of their crimes.

PEGGY PERSAUD, ORETTE KILLIKELLY, and ELTON LORD previously pled guilty.

The case against CHEDDI GOBERDHAN is still pending.

Trevor Cook Sentenced to 25 Years in Prison for Swindling 923 Investors out of $158 Million

Trevor Cook, age 38, of Apple Valley, Minnesota, was sentenced in federal court in Minneapolis for orchestrating a Ponzi scheme that collectively cost more than 900 investors $158 million. United States District Court Judge James M. Rosenbaum sentenced Trevor Gilson Cook to 300 months in prison on one count of mail fraud and one count of tax evasion in connection to the crime. In imposing the sentence, Judge Rosenbaum described Cook’s offense as “retched, tawdry, and cheap.”
Cook was charged on March 30, 2010, and pleaded guilty on April 13, 2010.

Cetatean moldovean pledeaza vinovat pentru numeroase infractiuni

Viorel Simon, Nodirbek Abdoollayev, and Bakhrom Ikramov have all pleaded guilty to charges related to their roles in a criminal enterprise that engaged in numerous criminal activities including forced labor, fraud in foreign labor contracting, visa fraud, mail fraud, identity theft, tax evasion, and money laundering, the Department of Justice announced.

“These defendants took part in a modern day slavery scheme that victimized vulnerable individuals for profit,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “Forced labor robs victims of their freedom and their dignity, and it will not be tolerated in the United States. We will continue the aggressive prosecution of cases like this.”

According to court documents, Simon pled guilty to racketeering conspiracy and fraud in foreign labor contracting. Simon actively supervised foreign national workers knowing that many of these workers were recruited with false promises and were coerced to work by threats of deportation and other adverse immigration consequences. Abdoollayev, who pleaded guilty to racketeering, assisted in the recruitment of foreign national workers, solicited hotels for housekeeping positions in which the foreign national workers were placed by the criminal enterprise, and laundered proceeds of the criminal enterprise. Ikramov, who pled guilty to wire fraud, fraudulently misrepresented the criminal enterprise’s payroll in order to defraud companies of insurance premiums.

Multiple co-defendants have previously pleaded guilty in connection with the case. On Aug. 18, 2010, Andrew Cole pleaded guilty to racketeering conspiracy and fraud in foreign labor contracting. Ilkham Fazilov pled guilty on Aug 9. 2010 to racketeering conspiracy for his role in aiding and abetting others in the scheme. Jakhongir Kakhkharov pled guilty to racketeering conspiracy on March 17, 2010. Alexandru Frumusache pled guilty on Oct. 7, 2009 to forced labor trafficking. Abdukakhar Azizkhodjaev pled guilty on June 18, 2010 to misprision of a felony. Trial for the remaining defendants is set for Oct. 18, 2010.

Ex Pastor Charged With Fraud

Wayne Taft Harris, Jr., 36, formerly of Indianapolis, Indiana, was charged on July 7, 2010, with wire fraud following an investigation by the Federal Bureau of Investigation.

The indictment alleges that Harris contacted Third World Missions, a Christian faithbased organization located in Florida that operates bible schools and orphanages in various locations throughout the world, to obtain a loan with which to construct a church facility in Indianapolis. Third World Missions loaned Harris $483,000 for the construction of the church facility proposed by Harris. The indictment further alleges Harris used at least $144,584 of the loan proceeds for other purposes, including the purchase of a Mercedes Benz automobile, the purchase of a Christian bookstore and its inventory, and the purchase of a man's mink coat. Harris later sent a fax to Third World Missions in which he blamed an unidentified staff member for having misappropriated the funds.

Timothy M. Morrison, U.S. Attorney, Southern District of Indiana, announced the charges.

According to Assistant U.S. Attorney Joe H. Vaughn, who is prosecuting the case for the government, Harris faces a maximum of 40 years in prison and a $500,000 fine.

Two Plead Guilty to $2.5 Million Mortgage Fraud Scam

Two Prior Lake men have pleaded guilty in federal court in Minneapolis for their roles in a scheme that defrauded mortgage lenders out of more than $2.5 million by causing them to make loans based on false information. Appearing before United States District Court Judge David S. Doty earlier today, Beau Wesley Gensmer, age 28, pleaded guilty to one count of wire fraud and one count of money laundering in connection to that crime. Christopher Glenn Kennedy, age 31, pleaded guilty to the same charges on August 6, 2010. Gensmer and Kennedy were indicted on April 21, 2010. A third co-defendant pleaded guilty earlier in the case.

In their respective plea agreements, Gensmer and Kennedy admitted that from July of 2007 to September of 2008, they executed the mortgage-fraud scheme. They admitted that in April of 2007, a multi-unit condominium building was built in Prior Lake by a development company owned by one of Gensmer’s relatives. The units were listed for sale but were removed from the market after only a couple of units were successfully sold. Later during the summer of 2007, Gensmer and Kennedy admittedly solicited three individuals to purchase multiple condominium units as “investments.” Gensmer and Kennedy assured the “investors” that they would pay nothing to buy the properties because the down payments and monthly mortgage payments would be provided to them by Gensmer and Kennedy. Moreover, Gensmer and Kennedy admitted they recruited the investors by telling them that the condos would be rented for a time but ultimately sold at a profit, and that the investors would share in that profit.

In order for the investors to qualify for their mortgage loans, Gensmer and Kennedy caused accountants to prepare tax returns that reflected inflated income figures. Those returns and other fraudulent documents were then knowingly submitted to potential mortgage lenders by the defendants. Gensmer and Kennedy also temporarily deposited money into the bank accounts of some of the investors to make it appear to potential lenders that the investors had more cash on hand than they actually did. As a result of those actions, ten mortgage lenders funded the purchase of 18 condominium units by the three investors. Eventually, Gensmer and Kennedy stopped supplying the property purchasers with monthly mortgage payments, causing the loans to go into default and then into foreclosure.

The defendants admitted that due to their actions, mortgage loan lenders wire transferred funds on 15 different occasions. The men also admitted that on two occasions, they used some of those fraudulently obtained funds as down payments to a title company for additional condo purchases, and that the title company was owned in part by individuals with an ownership interest in the entity that originally constructed the condo building.

For their crimes, the defendants face a potential maximum penalty of 20 years in federal prison on the wire fraud charge and 10 years on the money laundering charge. Judge Doty will determine their sentences at a future hearing, yet to be scheduled.

Obama Administration Housing Scorecard Shows Continued Progress in Housing Market, but Challenges Remain

Impact of Administration efforts seen in increased affordability and continued house price stabilization; data underscores more work ahead to stem foreclosures, delinquencies

WASHINGTON - The U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of the Treasury today released the August edition of the Obama Administration's Housing Scorecard (www.hud.gov/scorecard), a comprehensive report on the nation's housing market. In July, housing prices remained level after 30 straight months of decline, while some price predictions have improved. In addition, historic low interest rates continued to promote home affordability and refinancing options for the nation's families. However, the market remains fragile with foreclosure starts showing a slight increase and serious delinquencies continuing to work through the pipeline.

"While there has been some stabilization in the housing market, it remains clear that we have more work ahead," said HUD Assistant Secretary Raphael Bostic. "Through the Obama Administration's efforts over the past 16 months, we have seen increased price stabilization and improved home affordability for prospective, qualified homebuyers. At the same time, we know that we must continue to provide support to underwater borrowers, unemployed homeowners, and to the nation's hardest hit neighborhoods."

The August Housing Scorecard features key data on the health of the housing market including:

· Stabilizing housing prices drive improving expectations in some regions. After 30 straight months of decline, home prices have leveled off in the past year; futures indices have shifted upward since January 2009 as signs of recovery continue, although overall housing outlook measures remain mixed.

· More than twice as many modification arrangements begun compared to foreclosure completions. More than 3.15 million modification arrangements were done from April 2009 through the end of June 2010. This includes more than 1.3 million trial Home Affordable Modification Program (HAMP) modifications started, over 472,000 Federal Housing Administration (FHA) loss mitigation and early delinquency interventions, and 1.4 million proprietary modifications under HOPE Now. The number of agreements offered continues to more than double foreclosure completions for the same period (1.24 million).

· More than 4.2 million families have benefited from housing counseling since April 2009. Working with a HUD-approved housing counselor can help borrowers manage debts apart from a mortgage – car payments, credit cards and personal loans, for example – and help them avoid falling into default.

· More than 37,000 homeowners received a HAMP permanent modification in July. While the pace of program entry has slowed due to upfront documentation requirements in place since June 1, this policy change streamlines the process to help more eligible homeowners convert to a permanent modification. Homeowners in permanent modifications are experiencing a median payment reduction of 36 percent, or more than $500 per month.

"HAMP, which represents just one, targeted piece of the Administration's larger efforts on housing, has so far offered more than a million and half responsible homeowners the chance to modify their mortgages. This program has helped to stabilize a housing market that remains fragile and has redefined the modification standard for the industry – both of which are delivering real benefits to struggling homeowners in communities across the country," said Treasury Assistant Secretary for Financial Stability Herb Allison. "Currently servicers are working through their pending modifications, and while Making Home Affordable works for a number of homeowners, many others are offered other means of avoiding foreclosure. As careful stewards of the scarce resources of the American taxpayer, we see this as prudent progress – and we will keep working to help the Americans hardest hit by this crisis."

Data in the scorecard show that the recovery in the housing market continues to remain fragile, with some measures suggesting recovery will take place over time. For example, foreclosure starts went up slightly in July from the previous month, but remain well below July 2009 levels.

Foreclosure completions also inched upward as the volume of serious delinquencies continues to work through the pipeline.

Each month, the Housing Scorecard incorporates key housing market indicators and highlights the impact of the Administration's unprecedented housing recovery efforts, including assistance to homeowners through the FHA and HAMP.