Archives For HUD

Sergio Garcia, Sr., 46, Chicago, Illinois and Sergio Garcia, Jr., 27, Lowell, Indiana were indicted by a federal grand jury and charged with conspiracy to commit mail fraud and ten substantive counts of mail fraud.  The indictment also charges Timothy D. Greene, 29, Lansing,Illinois with submitting fraudulent information to HUD. All three were charged in connection with their part in a house flipping scheme involving HUD properties.

The indictment alleges that between January 1, 2011 and May 31, 2014,  Sergio Garcia, Sr. and Sergio Garcia, Jr. conspired with others known and unknown to the Grand Jury to engage in a scheme to defraud and to obtain money by means of false pretenses, representations and promises.

The alleged scheme involved offering to buy more than 40 HUD homes situated in the following cities or towns in Indiana:  Gary, Hammond, Merrillville, Whiting, East Chicago, Hobart, St. John, Valparaiso, and Lake Village; as well as the following cities or towns in Illinois:  Cicero, Chicago, Maywood, Alsip, Stone Park, Riverdale, Chicago Heights, Berwyn, Lansing, Stickney, and Evergreen Park.  The conspirators sought to purchase the homes from HUD and sell them the same day or soon thereafter for a profit to subsequent buyers.

The purchase contracts provided to HUD to purchase the properties stated that the conspirators or one of their businesses were purchasing the properties as investors and would pay with cash or use other financing not involving FHA.  To support their claimed financial ability to pay for the homes, the conspirators mailed fraudulent letters purporting to show that they or their company had access to the funds needed to complete each purchase.  Many of the letters purported to be written by a private venture capital business and falsely stated that a conspirator or their business held a line of credit of up to $500,000.00, when in fact, as the conspirators well knew: these letters were altered, forged and counterfeited; the lines of credit referenced therein did not exist; and the signatures thereon were forged and unauthorized.

The alleged scheme further involved the conspirators placing their own “for sale” signs at the HUD homes before their purchase from HUD had occurred.

When the conspirators could not find a subsequent purchaser to buy the homes, they allowed their purchase contracts with HUD to expire.  The conspirators filed false liens on many of the HUD homes after their purchase contracts expired.  The false liens hindered HUD from selling the homes to subsequent purchasers.  The conspirators requested money from subsequent purchasers to release the false liens.

The indictment also alleges that on or about February 13, 2012, Timothy Daniel Greene provided a fraudulent letter to HUD stating he held an approved line of credit with a venture capital business and that he did so for the purpose of influencing HUD to approve a purchase offer he had submitted for a property in Chicago, IL.

The indictment was announced by United States Attorney David A. Capp.  The case is being investigated by the Federal Bureau of Investigation and the Department of Housing and Urban Development, Office of Inspector General.  The case is being prosecuted by Assistant United States Attorney Jill R. Koster.

Cynthia Wallace, 45, Chicago, Illinois was charged with posing as a federal housing representative to scam homeowners out of cash.  Wallace was charged with one count of falsely assuming and pretending to be an officer of the United States.  Last month Wallace posed as an official from the “Federal Housing Authority” and “H.U.D.” in numerous phone calls she placed to Chicago-area homeowners, according to a criminal complaint and affidavit filed in U.S. District Court in Chicago.  During the calls, Wallace said the federal government would foreclose on the victims’ homes unless they wired money to a location determined by Wallace.

One of Wallace’s intended targets was a 79-year-old woman from the West Side of Chicago, the complaint states.  Two other targets – a husband and wife from south suburban Harvey – wired more than $3,500 to Wallace, according to the complaint. Continue Reading…

Michael Yant, 40, Lexington, South Carolina, was sentenced to five months of incarceration, to be followed by five months home confinement,  in connection with a mortgage fraud scheme.   Yant also was ordered to pay almost $270,000 in restitution to the U.S. Department of Housing and Urban Development.

Evidence presented at the change of plea hearing established that between November 2011 and December 2013, Yant and others committed mortgage fraud on approximately fifteen Federal Housing Administration (FHA) loans. Specifically, Yant engaged in a prohibited rent-to-own scheme.  Yant collected rent from future buyers and used those funds for the buyer’s down payment at closing. Further, Yant added buyers to other people’s credit accounts as authorized users to enhance the buyer’s credit scores

Yant admitted to falsifying and submitting bank statements of buyers, paying off buyers’ debt and collection accounts, as well as falsifying buyers’ vehicle bills of sale in an effort to forge the origination of the buyer’s down payments. Also, Yant provided forged W-2’s and paystubs for buyers, as well as prepared false employment verifications to conceal the buyer not being an employee of certain businesses.  Further, Yant secured FHA loans for buyers who would not otherwise qualify by paying off the buyers’ debt and collection accounts to increase the buyers’ credit scores.

The case was investigated by the United States Department of Housing and Urban Development, Office of the Inspector General, and the United States Postal Inspection Service.  Assistant United States Attorney Winston Holliday of the Columbia office prosecuted the case.   The sentenced was announced by United States Attorney Bill Nettles.

Michael Barnett, real estate developer, pled guilty to conspiring to defraud lenders and make false statements to HUD in connection with his development of Vineyard Commons, a luxury residential complex in Ulster County, New York.

According to Barnett’s admissions in court during his plea allocution and the allegations made in the Superseding Indictment:

Barnett, who was the developer of Vineyard Commons, sought kickbacks and investments from subcontractors and vendors on the project and made false statements to the project’s lender so that he could draw down on the project’s line of credit. Barnett arranged with two executives of a vendor who provided rough carpentry and lumber supplies on the project (the “Lumber Company”) to have the Lumber Company pay Barnett a kickback in exchange for Barnett’s award to the Lumber Company of the Vineyard Commons contract, as well as future business on other developments Barnett was planning. To raise funds for the kickback, Barnett and the two Lumber Company executives agreed that the Lumber Company would inflate its bid for labor and materials by approximately $865,000. Continue Reading…

Jason Pond, 38, Spring Hill, Florida, pled guilty to making a false statement in an application to obtain a HUD loan.

According to the plea agreement, on September 28, 2010, Pond purchased his home in Spring Hill, Florida, for $110,000.  Along with his wife, they received a loan of $49,650 from HUD’s Neighborhood Stabilization Program, as a second mortgage on the home.  This loan program would not have required Pond to repay the loan if he lived in the home for 15 years.

In an application to participate in the program, Pond provided false and incomplete information related to his debts, assets, employment, income, and tax returns. One example of a debt that he failed to disclose was a loan that he had received from another government program to obtain a different home. He also did not disclose income he earned from his DJ business, or that he owned certain assets, including two cars and a boat.

Pond faces a maximum penalty of five years in federal prison. A sentencing date has not yet been scheduled.

The guilty plea was announced by United States Attorney A. Lee Bentley, III and investigated by the HUD Office of Inspector General and the Hernando County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Adam M. Saltzman.


The United States filed a civil suit against the Rainy Day Foundation, Inc., a purported charitable “counseling fund,” together with its associated business entities and principals.  The case was filed federal court in Central Islip, New York and has been assigned to United States District Judge Joseph F. Bianco.

The complaint alleges that in at least 865 instances, the Rainy Day Foundation, together with five Eastern District of New York-based mortgage lenders and their principals, defrauded the United States and various banks insured by the Federal Deposit Insurance Corporation (“FDIC”), resulting in millions of dollars of mortgage losses, and requiring the United States to pay over $5,605,237 in false claims. Continue Reading…