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9 Indicted For Scheme Involving 13 Properties

Friday, July 11 2008 01:48

Joy Johnson, 33, Vacaville, California, Cory Whalen, 33, Solano County, California, Elizabeth Carrion, 38, Vacaville, California, Lenin Galeano, 32, Vacaville, California, Carmen Galeano, 30, Vacaville, California, Angelito Evangelista, 39, San Francisco, California, Clarisa Ang, 43, Elk Grove, California, Cris Ang, 46, Elk Grove, California and Lydia Ang, 71, American Canyon, California, were indicted in connection with a mortgage fraud scheme involving the purchase of 13 real estate properties in Solano County, California in 2006. Each of the defendants was previously charged in a Criminal Complaint filed June 18, 2008, which complaint coincided with the Nationwide "Operation Malicious Mortgage" takedown. Several of the defendants are scheduled to be arraigned tomorrow afternoon before United States Magistrate Judge Edmund F. Brennan.

According to Assistant United States Attorney Courtney J. Linn, who is prosecuting the case, the indictment charges Elizabeth Carrion, Angelito Evangelista, Clarisa Ang, Cris Ang, and Lydia Ang with mail fraud arising out of their involvement in the fraudulent purchase of 11 real estate properties between May 2006 and September 2006. The indictment further charges Lenin Galeano, Carmen Galeano, Cris Ang and Clarisa Ang with making false statements to a financial institution in connection with the purchase of two additional real estate properties in April and May of 2006. Finally, the indictment charges Elizabeth Carrion, Angelito Evangelista, Cris Ang, Clarisa Ang, Cory Whalen, Lydia Ang, and Joy Johnson with engaging in monetary transactions involving more than $10,000 in criminally derived property.

The scheme involved purchasing properties at prices substantially higher than the list price without the lenders knowledge. They were entirely financed with so called 80/20 loans. The difference between the list price and the inflated sales price was then credited at the close of escrow to fictitious businesses controlled by the defendants and others. The defendants and others then used the credited funds mainly to make mortgage payments on the properties and for their own living expenses. In addition, the loan applications contained false information about income, personal assets, and intent to occupy the property as a primary residence. Most of the loans that were secured by the properties have either been foreclosed upon or are in default.

The maximum penalty for mail fraud is 20 years in prison, a fine of up to $250,000, or both. The maximum penalty for making a false statement to a financial institution is 30 years in prison, a fine of up to $1,000,000, or both. The maximum penalty for engaging in a monetary transaction involving criminally derived property is 10 years, a fine of up to $250,000, or both. However, the actual sentence will be determined at the discretion of the court after consideration of the Federal Sentencing Guidelines, which take into account a number of variables, and any applicable statutory sentencing factors.

This case is the product of an extensive investigation by the Federal Bureau of Investigation, the Internal Revenue Service-Criminal Investigation, and the California Department of Real Estate.

The charges are only allegations and the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

5 comments

  • Comment Link tony Wednesday, April 27 2011 02:00 posted by tony

    It looks like back to the drawing board for the prosecution. One of the Defendants was in the philippines when this was happening.

  • Comment Link Michael Andrew Thompson Sunday, July 13 2008 10:34 posted by Michael Andrew Thompson

    13 properties. What a joke! I know of a man who sold 130 properties in the St Joseph county of Indiana in a single year and he's not even the one doing the most frauds! At one point I went through the first 21 houses held by Wells Fargo bank in this county and 15 of them I know were repoed do to this fraud. The astounding thing is that I can't get Wells Fargo, or Deutsche bank for that matter, to return phone calls or certified letters.

    www.MichaelAndrewThompson.com

  • Comment Link Austin Mortgae broker Saturday, July 12 2008 11:55 posted by Austin Mortgae broker

    If found guilty, these frauds should be made example of to the fullest extent of the law.

  • Comment Link Austin Mortgae broker Saturday, July 12 2008 11:52 posted by Austin Mortgae broker

    If found guilty,these frauds should be mdae an example of to the fullest extent of the law!

  • Comment Link Austin Mortgae broaker Saturday, July 12 2008 11:49 posted by Austin Mortgae broaker

    If proven guilty. These frauds should be made example of to the fullest extent of the law!

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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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