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US v. Miller, et al

Tuesday, December 09 2008 18:29 Written by  Staff
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Tuesday, December 9, 2008

Continuing Testimony: Steve Brown, Court Ordered Business Monitor

The Government introduced the transaction of 415 Regency Cove (an $800,000 home in Four Seasons, MO). Although under the monitoring agreement ordered by the Court, Miller mentioned this transaction after it was under contract to purchase and flip and three days prior to close. Brown testified that Miller mentioned the pending transaction at a meeting but failed to forward documents pursuant to the monitor agreement. Miller also told Brown that the property was being traded, therefore it didn't fall under the monitoring agreement. Further, Miller had signed no documents regarding this transaction; it was to be a 'flip'. Hallie Irvin was on the deed, however Miller was the guarantor of the loan.

The Government then introduced exhibits bearing Miller's signature. The Regency Cove home closed on September 30. 2006. There was a Deed of Trust and a Promissory Note, each bearing Miller's signature.

The Government moved to introduce real estate transactions with Jeffrey Miller's brother. Mr. Bradshaw objected.

Identifying the Assets

Meara, Welch & Brown worked with Miller and Abby Powers in an attempt to identify the assets of the various companies. Brown testified that he questiones Miller; 'How do you know who owes who what?' Miller's answer; 'I just know.'

In December, 2006, Meara, Welch & Brown approached the US Attorney's Office with concerns over the court ordered monitoring agreement. The firm needed more personnel to sort through records they termed, 'in disarray'. The court ordered a new monitoring agreement.

The Government introduced a sales contract between Miller and Irvin/Vanatta for the sale of a 45 foot Sea Ray.

Cross Examination by Atty. Bradshaw (Miller)

Mr. Bradshaw asked the witness whether this was a 'considerable forensic engagement'. The witness agreed. Mr. Brown testified that to date, Miller had paid his company $480,000 to comply with the court's monitoring agreement.

Mr. Brown testified that they had compiled a database of over 10,000 documents. They have detailed 146 transactions. Of the transactions monitored, 96 were approved 'without objection'.

Recess

Upcoming Witness: Angela Parenza (former Miller office assistant).

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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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