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Entries in New York (238)

4:57PM

12 indicted in 9 seperate Brooklyn fraud cases

Kings County (NY) District Attorney Charles J. Hynes, New York State Senator Carl Kruger and US Senator Charles E. Schumer today announced charges against 12 people involved in various [9], unrelated mortgage and real estate scams. The charges are the results of investigations by the District Attorney’s Mortgage Fraud and Real Estate Crimes Unit, which was created within the Rackets Division, in February 2009.

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10:46AM

6 Long Islanders arrested on mortgage fraud charges, accused of running false pay stubs mill

6 Suffolk County (NY) residents were arrested by the DA’s Mortgage Fraud Unit detectives’ for creating fake paystubs and federal W-2 forms to fraudulently obtain $5.9 million in fraudulent mortgages from Emigrant Mortgage Company, Wells Fargo Home Mortgage, National City Mortgage and other lenders.They are Martha Huezo, Luis Lino, Irma Tocco, Victor Jinete, Connie Salas and Thomas Rosales,

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4:41PM

New York man arrested over allegations of a foreclosed property investment scam

Elviston Ramasir, owner of Home Free Realty, Inc. of East Meadow, New York, has been arrested on a complaint that he obtained an investment of $2,048,850 from a victim investor on the pretense that he would use the money to purchase foreclosed real estate properties, and subsequently resell them at a profit. He allegedly falsely represented that these sales would yield a 40 percent profit.

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9:52AM

Massapequa couple arrested over ID Theft/HELOC fraud allegations

Suffolk County Police (NY) announced that they have arrested a Massapequa couple for identity theft after they used the identities of two people to obtain mortgage lines of credit. Angela Sutphen and her husband, Matthew Sutphen, owners of Cornerstone Bancor Mortgage Corporation, located at 5254 Merrick Road, Massapequa, used the identities of a former employee and a potential customer to obtain mortgage lines of credit.

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9:35AM

One convicted, two others plead guilty in Queens/Brooklyn mortgage fraud

In the following press release Queens (NY) District Attorney Richard A. Brown today announced that a Queens Village woman who is a loan officer has been convicted of stealing the personal identity of a former client to help another client purchase a house in Brooklyn.

District Attorney Brown said, “This conviction shows that we have no intention of ignoring the serious crime of identity theft – particularly when it occurs in connection with a real estate scheme. Our Economic Crimes Bureau will continue to vigorously prosecute these cases.”

District Attorney Brown identified the defendant as Janet Salazar, a.k.a.Yanet Salazar, 37, of 88-49 Francis Lewis Boulevard in Queens Village. She was convicted yesterday of first-degree identity theft, third-degree unlawful possession of personal identification information and third degree criminal possession of stolen property following a jury trial before Queens Supreme Court Justice Darrell L. Gavrin. She faces up to seven years in prison when she is sentenced on January 22, 2010. Salazar was employed as a loan officer at Contour Mortgage Corp., 1900 Hempstead Turnpike, Suite 206, in East Meadow, Long Island, at the time of the transaction. Her company ultimately did not issue the mortgage, but the defendant co-brokered the deal with JRL Equities in Nassau County.

Her co-defendants, Elba Garcia and Olga Espinal, pleaded guilty at the start of the trial. Garcia, 53, of 92-16 Whitney Avenue, in Elmhurst, who is a realtor, pleaded guilty to first-degree identity theft, third-degree unlawful possession of personal identification information and third degree criminal possession of stolen property. She will be sentenced on January 21, 2010. Espinal, 46, of 108-16 48th Avenue in Corona, who impersonated the victim, pleaded guilty to third-degree identity theft. She will be sentenced on February 1, 2010. Garcia and Espinal are expected to be sentenced to community service. Garcia additionally faces probation and restitution of $20,381.

The District Attorney said that the investigation began in August 2007 when Queens resident Aurora Solano received notice in the mail indicating that a mortgage for $589,000 had been issued in her name and that a monthly payment of over $5,000 was due on September 1, 2007. Solano, who did not apply for a mortgage or authorize anyone to use her personal identification, reported the incident to the police.

District Attorney Brown said that, according to the trial testimony, Solano provided her personal identification information to Salazar and Garcia in early 2007 for a loan application for a property in Queens. The deal subsequently fell through and the sale did not go forward. According to testimony, Solano was initially contacted by Garcia and Salazar before July 31, 2007, and offered $10,000 to go to a closing to sign for a property for which Garcia was the realtor. The property, in Brooklyn, was being purchased by a man named Aquilino Sanchez, who had bad credit but had the money to make mortgage payments.

Solano said that on July 31, 2007, both Garcia and Salazar came to her home and spent hours, again, trying to convince her to attend the closing for the $589,000 house located at 328 Euclid Avenue in Brooklyn. Solano again refused to attend the closing.

According to testimony, Garcia and Salazar were several hours late for the closing. They arrived with a woman who purported to be Solano – defendant Olga Espinal. The scheme unraveled when the mortgage bill was sent to Solano’s home instead of to the Euclid Avenue address, which is where Sanchez said Garcia told him it would be sent. Salazar received a commission of $10,000 for her role in the sale and Garcia received more than $20,000.

The investigation was conducted by Detective Raymond Phillips of the110th Precinct Detective Squad under the supervision of Sergeant Eugene Marcadia and Lieutenant Anthony Mottola. Detective Oniell Miller of the NYPD’s QDA Squad, under the supervision of Captain John M. Zanfardino, and Detective Jerome D. Pugh, of the District Attorney’s Detective Bureau, under the supervision of Lawrence J. Festa, Chief, and Albert D. Velardi, Deputy Chief, assisted in the investigation.

Assistant District Attorney Allison Wright, of the District Attorney’s Economic Crimes Bureau, prosecuted the case under the supervision of Assistant District Attorney Gregory C. Pavlides, Bureau Chief, and Christina Hanophy, Deputy Bureau Chief, and the overall supervision of Executive Assistant District Attorney for Investigations Peter A. Crusco and Deputy Executive Assistant District Attorney Linda M. Cantoni.

2:45PM

New York appraiser indicted in fraud and witness tampering allegations

Andrew T. Baxter, United States Attorney, Rene Febles, Special Agent in Charge, United States Department of Housing and Urban Development, Office of Inspector General, John F. Pikus, Special Agent in Charge, Albany Division of the Federal Bureau of Investigation, Patricia J. Haynes, Special Agent in Charge, Internal Revenue Service, Criminal Investigation Division (New York Field Office), and Robert Bethel, Inspector in Charge, United States Postal Inspection Service, announce that Michael Cassadei, age 53, of Schenectady and Galway, New York, was arrested today following the unsealing of a five-count indictment by a federal grand jury in Albany

The indictment alleges that defendant Michael Cassadei doing business as AAA Allstate Appraisal Services, violated Title 18, United States Code, Sections 1344(1), (2) and 2 by participating with others in a complex mortgage fraud property-flipping scheme by making and causing to be made materially false and fraudulent misrepresentations to a federally-insured financial institution with regard to, among others, certain loan applications, down payments, seller-held second mortgages, and HUD-1 forms, and by using his own appraisal business to generate misleading appraisals in support of the residential properties he sold through nominees, and through whom he obtained the bulk of the proceeds of the resulting mortgage loans. All of the properties, which were located in Albany and Schenectady, went into foreclosure and caused significant losses to the financial institutions which held the mortgages.

The indictment further charges that defendant Michael Cassadei doing business as AAA Allstate Appraisal Services, tampered with a witness by instructing the witness to lie to a federal agent who participated in the investigation. An indictment is merely an accusation and the defendant is presumed innocent unless and until proven guilty.

If convicted, Michael Cassadei doing business as AAA Allstate Appraisal Services faces a maximum sentence of up to thirty years of imprisonment, a period of up to five years of supervised release, and fines of up to one million dollars on each of the four counts of bank fraud in the indictment, and up to twenty years of imprisonment, a period of up to five years of supervised release, and a fine of up to $250,000 on the witness tampering charge.

Michael Cassadei doing business as AAA Allstate Appraisal Services was arraigned today on the charges before United States Magistrate Judge David R. Homer in Albany, and was released with conditions.

The case is being investigated by the Office of the Inspector General of the United States Department of Housing and Urban Development, the Albany Division of the Federal Bureau of Investigation, the Internal Revenue Service, Criminal Investigation Division, the United States Postal Inspection Service, the New York State Police Special Investigations Unit, and the New York State Banking Commission. It is being prosecuted by Assistant United States Attorney Joshua S. Vinciguerra.

1:40PM

Flushing (NY) man charged with attempted larceny and forgery 

In the following press release Queens District Attorney Richard A. Brown today announced that a Flushing man has been charged with second-degree attempted grand larceny, second-degree criminal possession of a forged instrument and other charges for allegedly forging the signature of a man whose home had been foreclosed on in an effort to collect the surplus that resulted from a sale of the house.

District Attorney Brown said, “The defendant is accused of trying to steal a large amount of money owed to the victim in this case – and then challenging the victim in court when the scheme was uncovered. This is yet another example of the importance of vigilantly rooting out and prosecuting the growing number of housing-related frauds we are facing in this county.”

The District Attorney identified the defendant as Harry Coumnas, 50, of 25-25 126th Street in Flushing. The defendant is charged with second-degree attempted grand larceny, second-degree criminal possession of a forged instrument, first-degree falsifying business records and first-degree offering a false instrument for filing. The defendant faces up to15 years in prison if convicted. He is presently awaiting arraignment in Queens Criminal Court.

District Attorney Brown said that, according to the charges, the complainant, Leonard Lum, was the owner of a property located at 73-20 32nd Avenue in Corona, Queens, which was foreclosed upon on March 21, 2003. As a result of the foreclosure, there was a surplus of $128,044 owed to him as proceeds from the sale of his property through foreclosure action.

The District Attorney said that, on December 17, 2008, the complainant filed an action in Queens Supreme Court, civil term, located at 89-17 Sutphin Boulevard, to collect the surplus. On February 9, 2009, however, the defendant Harry Coumnas, of H.C. Sonic, Inc., allegedly filed a petition with the court in opposition of the complainant’s action, claiming that the complainant had assigned rights to the defendant to collect the $128,044 surplus in exchange for a payment of $25,000.

The District Attorney further said that the defendant allegedly hired an attorney to file papers in an effort to collect the surplus, which included filing documents bearing the forged signatures of Leonard Lum and his wife, Betty Lum, purportedly assigning the surplus of $128,044 to the defendant in exchange for $25,000. According to the criminal complaint, the complainant never assigned the right to the surplus to the defendant and did not receive the sum of $25,000 from the defendant.

The investigation was conducted by Sergeant John W. Kenna, of the District Attorney’s Detective Bureau, under the supervision of Lieutenant Robert J. Burke and the overall supervision of Chief Lawrence J. Festa and Deputy Chief Albert D. Velardi.

Assistant District Attorney Mariana Zelig, of the District Attorney’s Economic Crimes Bureau, is prosecuting the case under the supervision of Gregory C. Pavlides, Bureau Chief, and Christina Hanophy, Deputy Bureau Chief, and the overall supervision of Executive Assistant District Attorney Peter A. Crusco and Deputy Executive Assistant District Attorney Linda M. Cantoni of the Investigations Division.

It should be noted that a criminal complaint is merely an accusation and that a defendant is presumed innocent until proven guilty.

11:31AM

Former NYC Police Commissioner pleads guilty to 8 counts including a mortgage fraud

In the following press release PREET BHARARA, the United States Attorney for the Southern District of New York, JOSEPH M. DEMAREST, JR., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and PATRICIA J. HAYNES, the Special Agent in Charge of the New York Field Office, Criminal Investigation, Internal Revenue Service (“IRS”), announced today that BERNARD B. KERIK, [pictured below] former Commissioner of the New York City Police Department and the Department of Corrections, pleaded guilty in White Plains federal court to eight felonies, two of which were separately charged in an Indictment in the District of Columbia.


KERIK pleaded guilty before United States District Judge STEPHEN C. ROBINSON to: one count of obstructing and impeding the due administration of the internal revenue laws from 1999 to 2007, one count of aiding in the preparation of a false tax return (for the 2000 tax year), one count of making a  false statement on a loan application, and five counts of making false statements to the federal government. Two of the false statement counts – the two counts that KERIK also agreed to transfer to White Plains from Washington, D.C. – relate to materially false statements that KERIK made to White House officials vetting him for the position of Secretary of the United States Department of Homeland Security.

 Indictment [Page 23 contains the reference to mortgage fraud]

At today’s plea hearing, KERIK admitted, among other things, that in 1999 and 2000 he received substantial renovations to his Riverdale apartment through Interstate (a metropolitan area-contractor) and conceded that Interstate paid approximately $255,000 for the renovations. KERIK also admitted that around the same time, he contacted New York City regulators concerning Interstate. KERIK further admitted that he failed to report the value of the renovations he received through Interstate on his federal tax returns. And KERIK admitted that he made false statements to the White House concerning the renovations he received on his Riverdale apartment and his relationship with Interstate when he was being vetted for the position of Secretary of the United States Department of Homeland Security.

“It is a sad day when the former chief law enforcement officer of New York City pleads guilty to eight federal felonies,” said United States Attorney PREET BHARARA. “But no one is above the law. And this Office will not hesitate to pursue any public official who violates his oath and betrays the public trust.”

KERIK, 54, faces a statutory maximum sentence of 61 years. KERIK has agreed to pay restitution in the amount of $187,931 and is also subject to additional fines. The statutory maximum penalties for the eight federal felonies to which KERIK pled guilty today are outlined in the attached chart.

Judge ROBINSON scheduled KERIK’s sentencing for February 18, 2010 at 10 a.m. Mr. BHARARA praised the investigative work of the IRS Criminal Investigation Division and the FBI. Mr. BHARARA also thanked the New York City Department of Investigation, the Bronx District Attorney’s Office, the New Jersey Division of Gaming Enforcement, and the United States Attorney’s Office for the District of Columbia for their assistance.

Assistant United States Attorneys ELLIOTT B. JACOBSON, PERRY A. CARBONE, and MICHAEL S. BOSWORTH are in charge of the prosecution.