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F. Jeffrey Miller Trial Continued Testimony

Thursday, February 18 2010 08:10 Written by  Allison Tussey
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As reported by Anne Mitchell, who viewed the trial:

Angela Parenza worked for Jeff Miller as the office manager for 7 or 8 years beginning in 1998. Parenza was indicted along with Miller and pled guilty to conspiracy to commit bank fraud and money laundering. Parenza testified that Miller or his contractors allegedly preferred to build all the houses in a subdivision so that he could control and influence the prices. She testified that Miller didn't like using multiple listing service because of the questions appraisers would have about the price changes and that the price increases would ‘throw up red flags' The government questioned Parenza about whether Miller built homes through affiliate builders, to which she replied that Jeff didn't build all the homes. He used Job Superintendents, they coordinated construction and then they would get a fee.

Parenza testified that it was her responsibility to keep track of which was the ‘true' price and the ‘contract' price. Several sales contracts and HUD statements were shown to Parenza, all having the sales figures stricken out.

Question: Who told you what figures to put in?

Answer: Either Jeff or Todd.

Parenza is shown an exhibit showing a canceled check in the amount of $30,330. The check is in Angela Parenza's handwriting. Parenza testified that the check represented the down payment for a buyer.

Question: The lender, NationsBank, wouldn't be aware that this wasn't the buyer's money, would they?

Answer: No, they wouldn't.

Question: Did there come a time when you became aware that Miller was being investigated by the Kansas Attorney General, the Missouri Attorney General and the Kansas Banking Commission?

Answer: Yes.

Question: Because of that, was it difficult for Miller to sell his houses?

Answer: Yes.

In response to questions about the second mortgages, Parenza testified that many represented false down payments used by the buyers and never disclosed to lenders.

Upon the completion of Ms. Parenza's testimony, the Government rested.

The Defense

Mr. Bennett, Todd Earnshaw's attorney called one witness; Alan Jennerich, a former FBI agent who was asked to research county records of 52 or 53 houses involved in this matter.

AUSA Hathaway questioned the witness:

Question: The values you used from county records was 2007. Did you pick that date?

Answer: No, Mr. Bennett did.

Mr. Hathaway introduced an exhibit pertaining to a house at 808 NE Emily, Lee's Summit, Missouri. In 1999, Miller Enterprise sold the home for $191,000. In 1999, the county assigned an market value of $129,604, in 2007 the value assigned by the county was $213,749.

Upon completion of Jennerich's testimony, Todd Earnshaw's attorney rested their case.

Defendant Brian Rouse was the next witness (and only defendant to take the stand). He testified that he was a loan officer or account executive in the mortgage business beginning in 1994 until 2005. Rouse testified that he worked for 7 different mortgage brokers over that period of time. Rouse testified that he met Miller and they became friends and at one point moved into Miller's home when he had trouble with his marriage.

Questioning by Mr. Hathaway:

Brumble, Middleton, Parenza, all convicted felons. All these people did something wrong, but you've done everything right, is that what you're telling us?

Answer: Yes, that's what I'm telling you.

Upon the conclusion of Mr. Rouse's testimony, his attorney rested their case.

Mr. Morris, Miller's attorney rested their case putting on no witnesses.

Next: Jury Deliberation

 

Allison Tussey

Allison Tussey

TusseyA.168Biography

Ms. Tussey has a unique and broad range of experience and skills, which are attributable to her ten year career as a paralegal prior to becoming an attorney.

From 1998, through 2008, Ms. Tussey worked alongside attorneys who provided counseling to thousands of individuals and organizations dealing with legal issues pertaining to workers' compensation, personal injury, wills and trusts, mortgage fraud and general civil litigation.   In the same period of time, she established Tussey Investments, LLC, a property acquisition and management company, as well as First Choice Paralegal, a paralegal services company.

In addition to working full time as an associate with Smith Dollar, PC, Ms. Tussey is an avid equestrian, competing successfully with her horse in numerous local and state jumping competitions.

Ms. Tussey attended law school while working full-time as a paralegal.

Bar admissions

  • California State Courts
  • United States District Court, Northern District of California

Education

  • Empire College School of Law, J.D.
  • Sonoma State University, B.A. English Literature

Professional associations and memberships

  • Sonoma County Bar Association
  • California Bar Association

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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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