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First-Quarter 2011 Mortgage Litigation Index

Criminal Complaints
First-Quarter 2011 Mortgage Litigation Index
Cases involving criminal complaints.

Defendant
Plaintiff
Court
Amount
Overview
Case Title
Case Number
Date Filed Link to StoryLink to Story
Catherine L. Kissick SEC United States District Court for the Eastern District of Virginia $1,500,000,000 Kissick was in charge of Colonial Bank’s Mortgage Warehouse Lending Division. It was in that capacity that she helped former Taylor Bean chairman, Lee Farkas, and treasurer, Desiree Brown, carry out a scheme involving $1.5 billion in fraudulent mortgages. Kissick recently pled guilty for her role in the fraud. SEC v. Kissick 1:11cv215LMB/JFA 3/2/2011 oldmortgagedaily.com/LawsuitsInvestors033011.asp oldmortgagedaily.com/ColonialBankPlea030211.asp
Cheretica Mitchell n/a Shelby County, Tennessee n/a Mortgage loan processor sentenced to five months in jail for embezzling funds meant to be used for home appraisals n/a n/a 1/19/2011 oldmortgagedaily.com/litigationcriminal022111.asp
Christopher Brooks United States U.S. District Court for the Southern District of Florida n/a Brooks, a former Bank of America executive, is accused of accepting bribes ranging from $1,000 to $10,000 from Palm Beach Business Consultants owner Francis Santa and/or undercover agents. United States v. Brooks 0:11-cr-60005-JIC-COHN/SELTZER n/a http://oldmortgagedaily.com/litigationcriminal022111.asp
Crystal Spreng United States of America United States District Court for the Western District of Pennsylvania n/a Representative of Citizens Bank pled guilty to wire fraud for providing false verifications of borrowers income in connection with fraudulent mortgage scheme. United States v. Spreng n/a 6/15/2010 oldmortgagedaily.com/litigationcriminal022111.asp
DeMarco REI, Inc., OPM Group, LLC, and Anthony J. Demarco, III United States Pennsylvania Eastern District Court n/a U.S. Attorney for the Eastern District of Pennsylvania brought this action against defendants in connection with a foreclosure rescue scheme. United States of America v. DeMarco REI, Inc., et al. 2:2010cv07242 12/14/2010 oldmortgagedaily.com/LawsuitMbaVsDol011211.asp
Desiree E. Brown SEC United States District Court for the Eastern District of Virginia $1,500,000,000 The SEC alleged that Brown, the former treasurer of Taylor, Bean & Whitacker, enabled the sale of $1.5 billion in fictitious and impaired mortgage loans from Taylor Bean to Colonial Bank. Brown pled guilty on 2/24/2011. SEC v. Brown 1:11cv192-GBL/TRJ 2/24/2011 (plea) oldmortgagedaily.com/LawsuitsInvestors033011.asp oldmortgagedaily.com/ColonialBankPlea030211.aspoldmortgagedaily.com/TaylorBeanPlea022511.asp
Donald E. Dodge, Scott Farah United States U.S. District Court for the District of New Hampshire $33,000,000 Dodge received a six-year sentence for operating an unlicensed loan servicing company, C L and M Inc., which serviced all loans brokered through Financial Resources Mortgage Inc., owned by Scott Farah, who also pleaded guilty. United States v. Scott Farah and Donald Dodge 1:10-CR-44-PD-01/02, LR021837 April-10 oldmortgagedaily.com/litigationcriminal022111.asp
Francis Santa, David L. McGuire, William J. Herbert, David J. Ramoy, Alexander R. Reyes, Daniel Agudelo, Antonio Mannarino, Anthony Deppiero, Terrance T. Ward, Jeane Ward, Derek L. Nadler, Rodney J. Kahane and Daniel C. Paine, Christopher Brooks, David Mcguire United States U.S. District Court for the Southern District of Florida $10,000,000 Defendant, Francis Santa, has been indicted by the Department of Justice. Santa owns Palm Beach Business Consultants, a loan brokerage business specializing in obtaining allegedly fraudulent business loans for clients with poor credit histories. Also charged are executive officers who took bribes ranging from $1,000 to $10,000 from either Santa or an undercover agent. Among those that took bribes are Daniel Agudelo, Alexander Reyes, Christopher Brooks, Marcario Deguzman, William Herbert, David Mcguire and David Ramoy. Defendants Kahane and Paine have been sentenced to six years each for their role as employees of the company who created fraudulent files. United States v. Santa et al. 9:10-cr-80101-WJZ n/a http://oldmortgagedaily.com/LitigationCriminal022111.asp
Frank E. Mendoza United States United States District Court for the Eastern District of Washington $10,000 Defendant, a former Chase Bank servicing official, was found guilty of three counts of bank bribery and one count of unlawfully disclosing a suspicious activity report after accepting $10,000 in bribes from a borrower suspected of mortgage fraud, in exchange for Mendoza’s assistance with a possible criminal investigation related to the borrower. U.S. v. Mendoza n/a n/a oldmortgagedaily.com/MctChaseConviction011211.asp
Frederick Darren Berg United States United States District Court Western District of Washington at Seattle $100,000,000 Defendant, founder of the failed Meridian Mortgage investment funds, has been charged with money laundering and nine counts of wire fraud for defrauding investors out of more than $100 million dollars between 2003 and 2010. Defendant has pled not-guilty U.S. v. Berg CR10-310JUR 10/13/2010 oldmortgagedaily.com/MctMeridian011611.asp
Joseph Yorkus & James Bartczak Nevada Attorney General n/a n/a Mortgage scam inducing borrowers to begin making mortgage payments to Great Western Business Services instead of Bank of America by falsely informing borrowers that their mortgages had been transferred to GWBS, controlled by the two defendants. n/a n/a 3/4/2011 oldmortgagedaily.com/litigationcriminal022111.asp
Linda Sadr Department of Justice United States District Court for the Eastern District of Virginia $10,000,000 Indictment of woman running “mortgage elimination” service. Told customers that lenders acted illegally, and that woman’s business would represent customers in filing legal challenges, with proceeds of settlements going toward the balance of the mortgage. United States v. Sadr n/a 12/23/2010 oldmortgagedaily.com/litigationcriminal022111.asp
Louisa K. Dubinsky na na $1,700,000 Defendant turned self in after being featured as a “most wanted” fugitive. She reportedly wrote $1 million in bad checks. na na na oldmortgagedaily.com/LitigationCriminal022111.asp
Lynda Steel United States of America n/a $1,000,000 41-month sentence for fraud: falsely claiming she was a certified public accountant, investors lost money. n/a n/a 2/11/2011 oldmortgagedaily.com/litigationcriminal022111.asp
Marcario A. Deguzman United States U.S. District Court for the Southern District of Florida n/a Deguzma, a former vice president at Regions Bank and Am Trust Bank, is accused of accepting bribes ranging from $1,000 to $10,000 from Palm Beach Business Consultants owner Francis Santa and/or undercover agents. (related to Francis Santa case) United States v. Macario A. Deguzman 9:11-cr-80009-KLR n/a oldmortgagedaily.com/litigationcriminal022111.asp
Mark A. Connor and Clayton A. Coe United States United States District Court for the Northern District of Georgia na Connor, the former CEO of the failed Georgia FirstCity Bank, and Coe, its senior commercial loan officer, are accused of hatching a plan to deceive the bank’s loan committee with fraudulent files to generate $5 million in unlawful proceeds. 10 years to life in prison and up to $10 million fine for Connor; up to 30 years in prison and up to $1 million fine for Coe. United States v. Connor et al. n/a 3/21/2011 oldmortgagedaily.com/FirstCityFraud032311.asp
Michael J. McGrath Jr. United States of America U.S. District Court District of New Jersey $139,000,000 The defendant, the former U.S. Mortgage president and controlling shareholder, plead guilty to one count of mail and wire fraud conspiracy in connection with the company’s collapse. United States of America v. Michael J. McGrath Jr. Criminal No. 09 na oldmortgagedaily.com/USMortgagePlea061209.asp
Michael Lee Wilson Santa Barbera District Attorney n/a $14,000,000 Individual pled guilty to 20 counts of fraud in relation to Ponzi scheme involving mortgages. n/a n/a n/a oldmortgagedaily.com/litigationcriminal022111.asp
Raymond Bowman United States United States District Court for the Eastern District of Virginia $1,500,000,000 SEC alleges that Bowman, the former president of Taylor Bean, allegedly enabled the sale of $1.5 billion in fictitious and impaired mortgage loans from Taylor, Bean & Whitacker Mortgage Corp., Colonial’s biggest customer, to Colonial Bank. Bowman has pled guilty. SEC v. Bowman 1:11-cr-00118-LMB 3/14/2011 oldmortgagedaily.com/PleaTaylorBean031411.asp
Robert R. Jones, Joseph C. Penick, Douglas C. Emig and Berrong Moulton United States U.S. District Court for the Northern District of Georgia $8,000,000 Jones pleaded guilty on Jan. 20 to defrauding his employer, Community Bank & Trust, on several loans and collecting $640,000 in kickbacks. Jones was executive vice president and chief credit officer at the bank. United States v. Jones et al. n/a n/a oldmortgagedaily.com/litigationcriminal022111.asp
Robert Santiago na na na Trial scheduled for defendant who is also accussed of murder. na nan na oldmortgagedaily.com/LitigationCriminal022111.asp
Ronnie Sheppard South Carolina South Carolina Supreme Court $278,000,000 Former CEO of Homegold Financial sentenced to 20 years in prison for securities fraud. Supreme Court denied appeal to reduce sentence. n/a n/a n/a oldmortgagedaily.com/litigationcriminal022111.asp
Sheila Kilborn-Jones Idaho Department of Finance, Idaho AG’s Office, United States et al. Idaho – Fourth District $1,200,000 Defendant, a former mortgage broker associated with Vitruvian Investments and a fund manager with the Vitruvian Investment Group, pleaded guilty and was sentenced to four years in jail after admitting to using at least $220,000 of her clients’ funds for her personal use. Defendant was ordered to pay $1.2 million in restitution. n/a n/a n/a oldmortgagedaily.com/litigationcriminal022111.asp
Susan A. Curtis, Gary J. Stocking, Jr. United States U.S. District Court for the District of Connecticut $6,349,000 Curtis pleaded guilty on Jan. 20 to collecting $5.0 million by setting up vendor companies that were fraudulently paid for services. United States v. Curtis, et al. 3:10CR35(JHC) 1/18/2011 oldmortgagedaily.com/litigationcriminal022111.asp
Teresa A. Kelly SEC United States District Court for the Eastern District of Virginia $1,500,000,000 SEC alleges that Kelly, a former operations supervisor of Colonial Bank, enabled the sale of $1.5 billion in fictitious and impaired mortgage loans from Taylor, Bean & Whitacker Mortgage Corp., Colonial’s biggest customer, to Colonial Bank. SEC v. Kelly 1:11cv268LMB/TRJ 3/16/2011 oldmortgagedaily.com/LawsuitsInvestors033011.asp
Thuan Nhan Du, Cindi Gayle Kelly, James Duncan Riverside County District Attorney Riverside Superior Court n/a Two defendants accused of fraudulent mortgage investment scheme sentenced. n/a n/a n/a oldmortgagedaily.com/litigationcriminal022111.asp
Victor Cedeno United States U.S. District Court for the Middle District of Florida $1,300,000 Defendant was sentenced on Jan. 5 to five years in prison for her involvement in a short-sale scheme. Defendant was ordered to pay $1.3 million in restitution. United States v. Cedeno n/a n/a oldmortgagedaily.com/litigationcriminal022111.asp

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