Builder Looking For Toys Car, motorbikes, etc. for Down Payment. New Homes avail. 913-634-**** Cell phone

This was the newspaper ad answered by a homebuyer and witness, Rick Hayes, discussed during the opening day of testimony for previously convicted homebuilder, F. Jeffrey Miller.

Witness testimony began on January 13, 2010, Topeka, Kansas. During opening arguments, Assistant U.S. Attorney, Christine Kenney told the jury that Miller and co-defendants, Todd Earnshaw, Brian Rouse and James Moser, allegedly marketed properties at grossly inflated prices. Ms. Kenney told the jurors that the government would prove that there were two sets of contracts. One contract with a price that was given to the lender and another that had the true sales price, often much higher than what had been agreed by the buyer. Realtor Todd Earnshaw allegedly helped fellow realtor, Judy Brumble, start Classic Realty as a shell LLC for Miller to continue selling real estate.

Attorney Jeffrey Morris's, attorney for F. Jeffrey Miller argued that the Government was wrong and would not meet their burden of proof. He described Miller as being 49 years old, with a wife and kids. He was a successful builder in Kansas City, building 100-200 homes per year and employing hundreds of people. Morris stated to the jury that, "not one property buyer is charged with a single thing.." , that Miller was assisting these buyers with second mortgages using his own funds:

"Jeff Miller puts skin in the game, because some of the buyers couldn't qualify for a big enough loan. So he would loan them the money to get a buyer into a home, helping out the buyers."

Todd Earnshaw's attorney opening arguments asserted that Earnshaw wasn't involved in any of his brother-in-laws companies and that the evidence will show that all the evidence will show that Earnshaw had one goal and that was to get people into homes. He further told the jury that some witnesses that the government will call have previously plead guilty in this matter, in order to receive lighter sentences and that they have changed their stories not once but sometimes twice, three or four times.

The attorney for appraiser Brian Rouse reiterated that none of the homebuyers have been charged with mortgage fraud, and that his client was ‘thoroughly professional and diligent in the performance of his duties.' He did not conspire with anyone and he is falsely accused.

James Moser's attorney explained to the jury that Moser provided services to Miller construction jobs; watching subcontractors, providing landscaping, trim and design services. In some cases, James Moser and Associates would buy the houses and lease them with options to purchase. In many cases the rent would be entirely applied to the contract price, so in a couple of years, the renter could make a loan application for a reduced sales price and since the home value would have appreciated during the rental period.

Next Up: U.S. Government Witness, Jennifer Kelly