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South Carolina Broker Indicted for Embezzling Loan Proceeds

Friday, September 14 2007 03:01

Raymond Barrineau, 58, Hanahan, South Carolina, was charged in a 4-count Indictment with bank fraud, a violation of Title 18, United States Code, Section 1344. The indictment alleges that Barrineau, a mortgage broker, obtained access to construction loan proceeds being held in an attorney trust account by agreeing to monitor construction and disburse the funds to complete construction. Instead, Barrineau released the funds on at least three loans to himself for personal use. Barrineau embezzled more than $70,000 from Branch Banking and Trust from December 2003 through April 2004.

The maximum penalty that Barrineau could receive is a fine of $1,000,000 and/or imprisonment of 30 years. The case was investigated by agents of the Federal Bureau of Investigation and has been assigned to Assistant United States Attorney Rhett DeHart of the Charleston office for prosecution.

2 comments

  • Comment Link M. Adam Gess, Esq. Wednesday, January 02 2008 08:26 posted by M. Adam Gess, Esq.

    Ken, attorneys (in South Carolina at least) are not allowed to grant a third party, or anyone else for that matter, access to money held in the attorney's trust account. South Carolina law requires that the disbursement of proceeds on a loan secured by a mortgage instrument of any type be handled by an attorney. My guess is that the attorney who allowed this to occur has been, or soon will be, disbarred, and may also be a target of the Federal investigation in this case.

  • Comment Link Ken Cook, Director of Operations Friday, September 14 2007 09:13 posted by Ken Cook, Director of Operations

    Wow, I didn't even think it was legal for an attorney to allow access to a trust account to a third party like that. This is good cautionary information. I wonder what recovery BB&T has from the attorney if any? It will make me more cautious about where loaned funds are trusted on construction lending.

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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.
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