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P R E S S   R E L E A S E


August 23, 2011


ALBUQUERQUE Today in federal court, Robert Frank Hayes, also known as "Frank William Bauman," 46, of Corrales, New Mexico was sentenced to a five-month term of imprisonment to be followed by five months of home confinement with electronic monitoring for his federal wire fraud conviction. After concluding his home confinement, Hayes will be on supervised release for five years. Hayes also was ordered to pay $192,059.62 in restitution to the victims of his fraud. Hayes is required to surrender to a federal correctional institution to be designated by the U.S. Bureau of Prisons.

United States Attorney Kenneth J. Gonzales said that, on March 24, 2010, Hayes was charged in a two-count indictment alleging that he devised a scheme for obtaining money from mortgage companies by making false and fraudulent representations. According to the indictment, between November 29, 2005 and December 31, 2005, Hayes made false representations to Pulte Mortgage, LLC, in a loan application and those misrepresentations were relied upon to facilitate the wire transfer $12,905.65. Among other misrepresentations, Hayes falsely represented that there were no outstanding judgments against him, that he was not obligated to pay alimony or child support, and that he had been employed by a specific company for more than 10-years. Also, between March 1, 2006 and April 30, 2006, Hayes made false representations to the First Horizon Home Loan Corporation in a loan application and that the misrepresentations were relied upon to facilitate the wire transfer of $100,299.06.

On March 3, 2011, Hayes entered a guilty plea to Count 2 of the indictment charging him with wire fraud. In the plea agreement, Hayes admitted making materially false statements in residential loan applications as alleged in the indictment. Specifically, although Hayes represented that there were no judgments against him in the applications, county clerk records reflected that there were more than $250,000.00 in civil judgments against Hayes. Hayes also admitted that, despite his claim that he had been employed by Lightstorm Construction, Inc. for ten years in the 2005 application and eleven years in the 2006 application, that company was not incorporated until October 2004. Hayes further admitted that he falsely claimed that he was not obligated to pay either spouse or child support when in fact he was required to pay child and spouse support in the amount of $9,000.00 a year. In pleading guilty, Hayes acknowledged that he knowingly made these false statements as part of a scheme for obtaining money, and with the knowledge that the interstate wire communication facilities would be used to facilitate his unlawful scheme.

The case was investigated by the U.S. Secret Service, U.S. Department of Homeland Security, and was prosecuted by Assistant United States Attorney Paul H. Spiers.

Source: United States Attorney's Office for the District of New Mexico

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