Previous: « $1.7M Provided to Arizona to F... | Next: Maryland Announces Results of ... »

Superseding Indictment After Delaware Mistrial

Wednesday, January 25 2006 06:42
Grand Jury Reindicts Freebery on Seven Counts

A Delaware grand jury issued a superseding indictment on the wire fraud charges against Sherry Freebery, a former chief administrative officer of New Castle County, Delaware. Last week, a federal judge declared a mistrial after a federal jury hung, 10-2 in favor of conviction, and was unable to reach a verdict.

Freebery is accused of failing to disclose a $2.3 million loan in connection with mortgage applications concerning two separate properties. Freebery's lawyers claim that the money was actually a gift from DuPont heiress Lisa Dean Moseley - even though Freebery signed a promissory note and made two interest payments on the alleged loan.

The seven count superseding indictment includes five counts of wire fraud, one count of mail fraud and one count of making false statements to a federally insured financial institution. The superseding indictment specifically addressed many of the problems alleged by Freebery's lawyers to exist within the original indictment and issues brought to the attention of prosecutors by jury members after the mistrial was declared.

The superseding indictment comes after Freebery's motion for an acquittal based on the jury's failure to reach a verdict. If the judge grants Freebery's motion for acquittal, the charges related to the loan fraud will terminate and the government will not be able to retry Freebery on the charges.

2 comments

  • Comment Link Richard Pollak Sunday, March 15 2009 18:39 posted by Richard Pollak

    Actualities; real-time statement starkly contradicts December 16, 2005 Final’ loan history’s recorded date, because Homeside Lending received loan November, 2001 and November 5, 2001 exacts $1,289.85 Escrow transferred, then Escrow reduced by $637.22 to $652.63, accrediting Principal $253.34, accrediting Interest $383.88, accrediting Escrow $175.26, recoiling back-to overall Escrow balance $175.26 action’. November 28, 2001 loan update highlighted Escrow’s $652.63 balance only’, the erroneous Escrow reduction then vanished before December, 2001, because December, 2001 Principal, Escrow and Interest received “pencil shading” without digit accreditation, mirrored on all loan updates, both’ 2002 requested Escrow Summaries, including Final’ loan history that intentionally covertly omitted first 28’, November, 2001 Day’s, add $336.00 Escrow returned, figure Curtailment and Curtailment’s loan Re-terming’ adjustment, equates the $1,148.48 April, 2002 to May, 2003 $102.99 Escrow Shortage, perfecting the irreconcilable pretzel logic that created the phantomlike December, 2001 unsubstantiated, unaccredited void that blocked outside refinance, with twelve $102.99 Escrow shortage’s, reflecting Homeside Lending used “Mindbox” Data Repository’ and Loan Manager used it’s editing, point and click “Soap” Program’, augmenting date’s to protect stolen Escrow, with historic recreation faltering. Blocking outside refinance by erroneous Credit Repository reporting, Also’ loan manager thwarted’ Washington Mutual’s letter promising loan history production, by releasing Bankruptcy “Stay” selfishly knowing loan history concealment protected Principal Curtailment and missing Escrow Reduction whose production would-have eliminated forced Bankruptcy’, adverted Bankruptcy’, forced Bankruptcy’ reversal, Foreclosure was desired solution, release of Bankruptcy Stay action’ was required, because Bankruptcy protected manager from case-load accountability review, additionally’ Washington Mutual’s inherent case-load accountability review, Fear’ protectively circumvents Justice’ by reimbursing’ half of all “Court appointed Attorney” fee’s’ across Texas, Lobbying courtroom participant’s, insuring prosecution protection!

    Curtailment defined {“liken-to lopping off Horse’s tail” Curtailment = covert’ prepayment deception, Breach of commitment, of accountability, of relationship, emphasizing intentional Breach of Chartered License, here repeated to mask’} Curtailment abandoned December, 2001 and November 5, 2001 Escrow reduction intended Curtailment replacement, evaporated {liken to “Escrow Curtailment” defined = Anti-trusted} diligent loan history harboring became required’ to protect Homeside Lending Data Repository’ “Mindbox” problematic “point & click” power editor “Soap” extremely assessable Program’s’ limitless historic editing ability’s finality from caseload review. Loan Manager testified’ Homeside Lending used {INNUS} Credit Repository, pondering in-house. Prior to release of Bankruptcy Stay’ all loan histories reported December, 2001 unaccredited, requested Escrow Summaries and November 16, 2004 Final’ loan history report, covertly omitted’ the “first 28, November 2001 day’s” following loan transfer, compelling deception intent, in actuality both {Curtailment-theft’s} relates double standard when prosecuting Violent armed bank robbery thief’s’, theft’ and these isolated matter’s expanded universally, damaging unreported multitude’s.

  • Comment Link Richard Pollak Sunday, March 15 2009 18:37 posted by Richard Pollak

    Bank One N.A. moved-in March, 2001 {15 Year, 6.5 fixed, never seconded} Loan Transferred to Homeside Lending November, 2001 all posted payment’s achieved timely conformation from April, 2001 to March, 2002, twelve month old timely paid loan was demanding twelve $102.99 Escrow Shortage monthly’s from April, 2002 to March, 2003. Assistance Filing “Proof of Claim” against Washington Mutual’s Bankruptcy is needed before 3/31/2009 deadline.

    November 19, 2004 Washington Mutual requested patience’ promising loan history production’ relating “The Comptroller of the Currency” and “Better Business Bureau” involvement relative to second’ ignored R.E.S.P.A. “Qualified Written Request” telephonically on December 15, 2004 loan management conversed, that Bankruptcy STAY’ was released and loan history was transferred to Washington Mutual archive department in Chicago. Archive department instantly e-mailed unclenched’ loan histories, ending loan manager’s “48 month” covert “Principal Curtailment” concealment, and erroneous Escrow reduction missing fund’s concealment, the Better Business Bureau then removed Washington Mutual’s chief arbitrator chair, expelling for three year’s, “speaking retrospect-fully’ acquiring Credit Report in 2002’ would-have averted Foreclosure Theft’ nothing else!” Case Number 02-44178-H3-13 including Core Adversary Trial’s Appealed award, from at 4541 County Road 138A Alvin Texas 77511, now at Richard j Pollak 100 Patterson ave Carnegie Pa. 15106 fer4sur@yahoo.com

    December 2007’ Washington Mutual returned $7,515.98 loan payment funds to Bankruptcy Trustee without Arbitration, Explanation or Accountability, as a precursor to July, 2008 Foreclosure’, Mooting Judgment Ruling’ by equating yet’ another fault admittance, self assessing, while grossly underestimating actual damage, ignoring commitment clauses Contractual damage, accrued damage’s, Interest and accrued Interest.
    Specifically’ “Deed” commitment damage’s clause, By the Rights granted’ by Benjamin Franklin and The Founding Fathers, in their leading’ Statute’ of the very First Amendment {SCIENTER or Science of the Contract - Anti-trusting’ exacting Lending Institution’s’ while including certain Contractor’s “stating” Contractor must contractually abide the universal forwarded stipulations of contract offered, cemented with binding Mutual’ Signature’ requirement} Loan Originator and Loan Manager Both’ protectively harbored $778.34 “Principal Curtailment” {evading’ shouldered $10,286.25 Contractual Commitment’s damage Clause’} Also’ protectively harbored the unaccredited $637.22 Escrow reduction {later claimed’ as November, 2001 erroneous Escrow reduction intended for December, 2001 payment} concealing Both’ by protectively harboring loan History for Four Year’s “Principal Curtailment’s” self defining and $637.22 Escrow Reduction’s definitively “Escrow Curtailment” intentionally coveted from loan statement’s by “pencil shading” Void without digits, December, 2001 payment accountability Box’, then stealthy omitting’ from requested, received 2002 Escrow Summaries and Final’ loan history the first “28” November, 2001 after’ loan transfer Day’s, Also’ returning $336.00 Escrow to progress “Escrow in shortage” for preplanned future $175.26 Escrow reduction, claiming the $637.22 I.R.S 1098 without 2001 fund’s received’ Re-taxing, Credit Repository deception, forcing Bankruptcy, releasing Stay, and Foreclosure Theft.

    Washington Mutual Executive Response Center formal December 16, 2005 report’ admitted discovery “Bank One 2001 credited, then suspended, then “Curtailed” $778.34 monthly payment, crediting loans overall Principal only” then transferred loan to Homeside Lending that reduced “Escrow” $637.22 (“claiming” November 28, 2001) explaining’ erroneous misapplication attempt at reversal of “Principal Curtailment.” Loan Management admitted Escrow reduction while denying it vanished unaccredited, singularly defending monthly’s progression.

Leave a comment

Make sure you enter the (*) required information where indicated.
Basic HTML code is allowed.

  • del.icio.us: frauddiva
  • Facebook Page: 202080166468810#!
  • FeedBurner: MortgageFraudBlog
  • Linked In Group: 2104121
  • Google Reader: 562472456
  • Technorati: rdollar
  • Twitter: FraudDiva
  • YouTube: FraudDiva
Quick Links
Get our newsletter
Enter your Email


Preview | Powered by FeedBlitz
Resources
 

Rachel Dollar Rachel Dollar, the editor of Mortgage Fraud Blog is an attorney and Certified Mortgage Banker who handles litigation for lending institutions and secondary market investors.
Read more about Ms. Dollar

Most Read Articles
Most Commented Articles