Daniel C. Bomar, 36, Ocean Springs, Mississippi, James B. Wright, 55, Ocean Springs, Mississippi, and Brett T. Immel, 35, Chicago,  Illinois, were indicted by a federal grand jury on April 14, 2016, and charged with conspiracy to commit bank fraud and conspiracy to commit money laundering in the Eastern District of Texas.

According to the indictment, from 2010 to 2012, the defendants are alleged to have conspired to defraud and obtain money from Prime Lending, a mortgage lending company in Dallas, and from Federal Savings Bank, a mortgage lending company in Overland Park, Kansas.  Both companies are insured by the Federal Deposit Insurance Corporation (FDIC).   Continue Reading…

Dionysius Fiumano, also known as “D,” 43, Irvine, California, was found guilty in Manhattan federal court of orchestrating a massive mortgage modification scheme through which he and his co-conspirators defrauded more than 30,000 American homeowners out of a total of approximately $31 million.  Fiumano was convicted of one count of conspiracy to commit wire fraud and one count of wire fraud, each of which carries a statutory maximum sentence of 20 years in prison.

According to the Indictment other filings in Manhattan federal court and the evidence presented at trial:

Fiumano was the general manager of sales at Vortex Financial Management, Inc., a/k/a Professional Marketing Group, a/k/a Professional Legal Network (“PMG”), an Irvine, California, company that offered purported “mortgage modification” services, that is, assistance persuading the homeowner’s lender to agree to a modification to the terms of the homeowner’s mortgage to make it more affordable.  In that capacity, Fiumano oversaw PMG’s sales staff of approximately 65 telemarketers and managers. Continue Reading…

Avalon, Betts-Gaston, 47, Naperville, Illinois, a disbarred Illinois lawyer, was sentenced to more than four years in federal prison for her role in a mortgage fraud scheme that bilked lenders and vulnerable homeowners out of more than $725,000.  Betts-Gaston contrived fraudulent real estate transactions to defraud homeowners and financial institutions.  She and a co-defendant, Dimona Ross, arranged for the submission of materially false information on mortgage loan documents in four Cook County, Illinois, real estate transactions worth more than $725,000.

A federal jury last year convicted Betts-Gaston on two counts of wire fraud.  In addition to the 57-month prison term, U.S. District Judge Charles R. Norgle  ordered Betts-Gaston to pay restitution in the amount of $239,550.48. Continue Reading…

Gary Hughes, 36, San Diego, California, pled guilty to one count of mortgage fraud conspiracy involving bank fraud. He faces a maximum penalty of 30 years’ imprisonment.

According to the plea agreement and court proceedings, in 2005, entities controlled by co-conspirators entered into a contract to purchase The Arbors, an apartment complex in Hillsborough County, Florida. The new owners of The Arbors then engaged in a plan to convert the complex from rental to condominium units. Continue Reading…

Sergio Roman Barrientos, 62, Poway, California, was indicted by a federal grand jury in a six-count superseding indictment that charged both Barrientos and Zalathiel Aguila, 42, Fairfield, California.

According to the indictment, Barrientos, Aguila, and Omar Anabo, 53, Vallejo, California, engaged in a foreclosure rescue fraud scheme that began in September 2004 and continued to February 2008. Barrientos and Aguila are charged with conspiracy to commit and the commission of wire fraud affecting a financial institution, bank fraud, and conspiracy to make and making false statements on loan applications. On January 15, 2016, Anobo pleaded guilty to conspiring to make false statements on loan applications (case number 2:16-cr-001 GEB). He is scheduled for sentencing on November 4, 2016. Continue Reading…

Ian Resnick, 41, Abescon, New Jersey was sentenced to 18 years in prison for his role in a $3 million conspiracy to scam customers by offering phony consulting services to owners of timeshares through the New Jersey-based Vacation Ownership Group LLC.  Resnick was previously convicted in September 2013 of one count of conspiracy to commit mail and wire fraud, three counts of mail fraud and three counts of wire fraud. He was convicted following a seven-week trial before U.S. District Judge Noel L. Hillman, who imposed the sentence in Camden, New Jersey, federal court.

According to documents filed in the case and the evidence presented at trial: Continue Reading…

Garry Christopher Forsythe, 42, Hendersonville, Tennessee, was sentenced to 33 months in prison to be followed by two years of supervised release and ordered to pay $2,249,294.80 in restitution and to forfeit the proceeds of his crime.

Forysthe pleaded guilty to one count of wire fraud in December 2015 in connection with a scheme involving escrow funds held by his real estate closing company, Forsythe Title and Escrow. During the sentencing hearing, evidence established that the company’s escrow accounts developed shortages of more than $2.2 million because Forsythe made inflated or unsupported transfers of funds from the escrow accounts to the company’s operating accounts. Testimony during the hearing also established that, contrary to Forsythe’s position, the escrow shortages were not inadvertently caused by the failure to deposit checks or by bank errors. The evidence demonstrated that, in one instance, funds were transferred from an escrow account at Forsythe Title & Escrow and used for the down payment on a boat purchased by Forsythe.  Evidence also demonstrated that the escrow shortages resulted in bounced checks, delays in scheduled real estate closings, and instances in which borrowers were left with two mortgages because Forsythe Title & Escrow failed to pay financial institutions with funds that had been provided for that purpose.

U.S. District Court Judge Aleta A. Trauger imposed the sentence and it was announced by David Rivera, U.S. Attorney for the Middle District of Tennessee.  The case was investigated by the FBI and the IRS-Criminal Investigation. The case was prosecuted by Assistant U.S. Attorneys William F. Abely and Cecil W. VanDevender.

Gary Blankenship, 45, St. Petersburg, Florida, was sentenced to eight months in federal prison for conspiracy to commit wire and bank fraud. He pleaded guilty on February 4, 2016.

According to his plea agreement, in 2005, entities controlled by co-conspirators entered into a contract to purchase The Arbors, an apartment complex in Hillsborough County, Florida. The new owners then engaged in a plan to convert the complex from rental apartments to condominium units.

Blankenship’s co-conspirator, Brendan Bolger, aided the developers in the sale of numerous condominium units through his company, Capital Management Guarantee, LLC. In order to induce buyers to purchase units, Bolger created an addendum to the purchase contract offering buyers various incentives, such as rental supplements, money to defray maintenance costs, and a design credit to upgrade the units’ amenities. When the buyers cancelled the design credit within 10 days of signing the addendum, Bolger paid them a kickback from his company’s bank account for the amount of the design credit. Blankenship’s role in the conspiracy as a realtor consisted of marketing The Arbors units by promising buyers undisclosed incentives. In this manner, Bolger, Blankenship and other co-conspirators failed to disclose material facts to buyers’ mortgage lenders about the financing of the condominium sales.

Blankenship was sentenced by U.S. District Judge James S. Moody. The case was investigated by the Federal Bureau of Investigation and the Federal Housing Finance Agency, Office of Inspector General. It was prosecuted by Special Assistant United States Attorney Chris Poor and Assistant United States Attorney Jay Hoffer.

Aruna Kumari Chopra, 66, of Modesto, today to one year and one day in prison, to be followed by a year of home confinement, for her mail fraud conviction in connection with a mortgage fraud scheme

According to court documents, in 2008, Chopra purchased property on Dale Road, Modesto, California, that she intended to develop into a shopping center to be called “The Plaza at Dale.” She defrauded lenders by filing documents with the Stanislaus County Recorder’s Office that contained forged signatures in an attempt to conceal liens on the property from her lenders. The loans made by the defrauded lenders on the property totaled approximately $8.9 million. Chopra pleaded guilty on November 30, 2015. Continue Reading…

Ligia Sandoval Spafford (Sandoval), 48, Roseville, California, was sentenced  by U.S. District Judge Troy L. Nunley to two years and three months in prison for a scheme to defraud distressed homeowners Sandoval was ordered to self-surrender on June 9, 2016.

Sandoval paid $115,065.00 in restitution, the full amount of restitution ordered by the Court, to compensate the victims for the losses that they incurred as a result from this fraud scheme. In February 2015, Sandoval and her then husband, Martin Wayne Flanders, 51, Roseville, California, pleaded guilty to mail fraud for the fraud scheme. On October 29, 2015, Flanders was sentenced to six years and five months in prison.

In sentencing, Judge Nunley stated: “She knew what was going on and enticed these people to become part of this scheme. They trusted her. … She ruined some peoples’ lives. That she paid restitution does not do anything to take away from the anxiety and fear they [the victims] had at the time that this was occurring. These victims were devastated.Continue Reading…