A real estate company owner who obtained over $4 million in mortgage loans through fraudulent means has pleaded guilty to his role in the scam. Michael I. Striker of Minnetonka, Minn., was the president and sole owner of U.S. Equities of Minnesota, a real estate company that entered into 21 real estate loans with Associated Bank from March 2003 to September 2003, according to Frank J. Magill, U.S. attorney for the District of Minnesota. A co-defendant was a construction loan officer at the bank who processed and approved the loans, which totaled more than $4 million. Striker admitted those loans were approved based on false and misleading information he submitted. In total, Striker obtained more than $724,000 in cash back at the closings on the loans. Although the loans were purported to be for construction rehab projects, Striker admitted he used some of the loan funds for unrelated expenses and debts. Furthermore, Striker paid more than $100,000 in brokerage fees to a mortgage brokerage company even though it did not broker any of the loans. U.S. District Court Judge Joan Ericksen will determine his sentence at a future date.

AARMR Vendor Awards Partner Firms August 13, 2009

ComplianceEase has awarded four technology partners its highest certification level in recognition of their ability to help their customers prepare loan data for transmission electronically to state regulators through RegulatorConnect.org, the ComplianceEase automated compliance system selected by the American Association of Residential Mortgage Regulators to help improve oversight of the mortgage business. Lender Processing Services, Lender Support Systems, Mortgage Banking Systems and ProLender Solutions received the Platinum Partner Certifications at AARMR’s annual conference in Savannah, Ga. Compliance Ease, a provider of compliance and risk management tools, introduced the certification program earlier this year to help lenders adapt to the new automated residential mortgage examination initiatives introduced by AARMR and the Conference of State Bank Supervisors. The certification requires recipients to provide its users with secure, one-click export of 100% of the loan information necessary for the examinations while also offering up-to-date, seamless loan-level compliance audits through Compliance Analyzer, another ComplianceEase platform.
SAFE Act Adopted in 48 States August 13, 2009

In what is being hailed as practically warp speed for legislation, all but two states have now acted to implement provisions of the federal Secure and Fair Enforcement for Mortgage Licensing Act. Signed by President Bush on July 30, 2008, the SAFE Act gave states one year to pass laws requiring the licensing of loan originators according to national standards and start participating in the National Mortgage Licensing System. As of Aug. 8, 48 states and the District of Columbia have done so. California is expected to comply this month or next, leaving Minnesota as the lone holdout. The states have been aggressive, Bill Matthews, president of the Conference of State Bank Supervisors’ subsidiary which runs the NMLS, said at the American Association of Residential Mortgage Regulators’ annual conference in Savannah, Ga. “You tell me anytime in history that all states have acted so quickly? This is a huge lift,” he said. AARMR Secretary Rod Carnes of North Carolina’s Department of Banking and Finance, agreed: “I think this speaks volumes for the states.” Mr. Matthews said CSBS is now in the process of adding “functionality” to meet the SAFE Act’s other requirements, including a streamlined renewal component and consumer access.

Two Are Convicted in Fraud Scheme But One May Appeal August 12, 2009

A federal jury has convicted Lila Rizk of Trabuco Canyon and Kyle Grasso, formerly of Santa Monica, of conspiracy, bank fraud and loan fraud charges for their roles in a scheme that led to more than $40 million in losses at federally insured depositories. According to a report in The Orange County Register, Grasso, a real estate agent, also was convicted of three counts of money laundering. The duo were part of a scheme that obtained inflated mortgage loans on luxury houses, with Grasso earning commissions and other payments and Rizk, an appraiser, earning fees. Donald Marks, an attorney for Rizk with Marks & Brooklier in Century City, said, “We are very disappointed in the jury verdict. We think our case was very defensible. We think we raised reasonable doubt, and we think she is not guilty. We will continue fighting on her behalf.” Mr. Marks said he would appeal the verdict. A lawyer for Grasso was not immediately available for comment. Eight others involved previously pleaded guilty.
Sentencing Pending for Former Judge After Guilty Plea August 12, 2009

A former Florida appeals court judge who pleaded guilty to defrauding a bank that loaned him money to purchase a residence in Hawaii is awaiting assignment of a sentencing date. According to A. Brian Albritton, U.S. attorney for the Middle District of Florida, Thomas E. Stringer of Tampa pleaded guilty to one count of bank fraud before Magistrate Judge Mark A. Pizzo. Stringer falsified his mortgage application for the residence by claiming that he had borrowed none of the money he was using for the downpayment, when in fact he had borrowed funds from a third party. The U.S. intends to seek forfeiture of $222,362, the amount of the proceeds from the fraud. A sentencing date has not been set.

Consent Order for Allied August 11, 2009

Allied Home Mortgage Capital Corp., Houston, has entered into a consent order with the Georgia Department of Banking and Finance over allegations it transacted business in the state with a person who was unlicensed or unregistered. Back in June, the Department sought to revoke Allied’s license and served cease and desist orders on company co-owners Jim Hodge and Kathy Hodge. This consent order settles those charges. The order calls on Allied to provide “an appropriate level of supervision” to its employees, perform background checks on new employees no later than 10 days after hiring and give $1,000 to State Registry LLC, to support the Nationwide Mortgage Licensing System. State Registry LLC is a subsidiary of the Council of State Bank Supervisors, which operates NMLS along with the American Association of Residential Mortgage Regulators. A call to Allied for comment was not returned by press time.

Colonial Faces Justice Department Criminal Probe August 7, 2009

Colonial BancGroup Inc. said it is the target of a U.S. Department of Justice criminal investigation relating to its mortgage warehouse lending business. The Montgomery, Ala., company said it is cooperating with the investigation which concerns accounting irregularities on more than one year’s audited financial statements and regulatory financial reports. The company also revealed it has provided documents to the Special Inspector General for the Troubled Asset Relief Program and the Securities and Exchange Commission. A Justice Department spokesman said the agency is not commenting on Colonial. Colonial also said its bank subsidiary received notice that the Alabama State Banking Board will meet on Aug. 12 at which time Colonial Bank will be asked to consent to the appointment of the Federal Deposit Insurance Corp. as receiver or conservator if and when the state regulator deems necessary. This news wraps a bad week for Colonial as it reported the death of its recapitalization deal with Taylor, Bean & Whitaker, a $606 million second quarter loss, and a raid by the TARP IG on its warehouse office in Orlando as well as the abrupt closing of TBW.

Missouri Couple Admit to Mortgage Scheme August 6, 2009

Joseph Silvestro and his wife Julie Silvestro pleaded guilty before U.S. District Judge Ortrie D. Smith to their roles in a mortgage fraud scheme. According to Matt J. Whitworth, acting U.S. attorney for the Western District of Missouri, the Silvestros defrauded mortgage lenders by obtaining larger loans from lenders than the actual sale price associated with a particular property. These loans were based on material false and fraudulent representations, and by concealing material facts. The Silvestros arranged for mortgage documents that often included payment of fictitious and fraudulent invoices to their company, Taylor Investments, as part of the settlement statement. The plea agreements cite three properties — two in Kansas City, Mo., and one in Kansas City, Kans. — in which the Silvestros fraudulently claimed invoices for Taylor Investments, ranging from $20,000 to $37,000. The government believes that the loss attributed to the Silvestros totaled more than $567,000, though the defendants have reserved the right to contest the amount of loss at their sentencing hearings, which will be scheduled after the United States Probation Office completes its pre-sentence investigation. Under federal statutes, the Silvestros are each subject to a sentence of up to five years in federal prison without parole, plus a fine up to $250,000 and an order of restitution.
Pennsylvania Man Pleads Guilty to Mortgage Fraud August 5, 2009

Robert Ratkovich of New Castle, Pa., pleaded guilty before Senior U.S. District Judge Gustave Diamond in federal court to fraud and money laundering charges connected to his scheme to defraud a bank and affordable housing entity. The board of directors of Affordable Housing of Lawrence County hired Ratkovich as a consultant to advise the board of which properties that it should purchase and at what price, according to Mary Beth Buchanan, U.S. attorney for the Western District of Pennsylvania. Rather than do a diligent search, Ratkovich advised the board to purchase seven properties that were all owned or associated with an individual known to the U.S. attorney. To purchase the properties, Affordable Housing of Lawrence County received a loan from First Commonwealth bank to finance the purchase. Ratkovich and others allegedly made misrepresentations to First Commonwealth Bank regarding the financial status of Affordable Housing of Lawrence County and submitted fraudulently inflated appraisals. Judge Diamond scheduled sentencing for Oct. 28.

Two California Men Sentenced for Real Estate Fraud August 5, 2009

Howard Edwards and John Foster, both formerly of Rancho Cucamonga, Calif., were sentenced to 20 years, four months in prison and 10 years, four months in prison, respectively, for real estate fraud crimes. The two defendants befriended unsuspecting victims on an Internet chat line. Their personal information was used to obtain loans on luxury cars and real estate in Fontana, Calif. The victims were then liable for these loans. The loan proceeds were transferred to a phony escrow company. The defendants falsified several real estate deeds and forged the signatures and stamps of several notary publics. The defendants then sold a house in Gardena, Calif., without the owner’s permission and knowledge for an additional $560,000. The victims, who had been living at the residence since 1971, first found out about it when a lending institution attempted to foreclose on the property. The defendants used the personal information of a man living in Massachusetts to obtain the loans. Edwards and Foster were extradited from Georgia and Illinois, respectively, in 2008. The San Bernardino County District Attorney’s Real Estate Fraud Unit investigated, prosecuted and provided the information about this case.

Mr Madoff told senior employees of his firm on Wednesday that “it’s all just one big lie” and that he was “finished”, according to a criminal complaint filed on Thursday night by the US Attorney’s office and the Federal Bureau of Investigations (FBI).

He allegedly went on to say that the business was “a giant Ponzi scheme” – a reference to Charles Ponzi, one of the greatest swindlers in US history – and estimated that the scheme had lost investors $50bn over many years – which would make the hedge fund one of the biggest frauds in history.

“There is no innocent explanation,” Mr Madoff said, according to the criminal complaint. He told the agents that it was all his fault, and that he “paid investors with money that wasn’t there”, according to the complaint.

He allegedly told his employees that he had, for years, been paying returns to certain investors out of the cash received from other investors.

Mr Madoff, 70, was charged with a single count of securities fraud and faces up to 20 years in prison and a fine of up to $5m if found guilty.

The criminal complaint was accompanied by a separate civil lawsuit filed by the US Securities and Exchange Commission (SEC), which accuses Mr Madoff of defrauding clients of his firm and seeks emergency relief for the victims.

“Our complaint alleges a stunning fraud – both in terms of scope and duration. We are moving quickly and decisively to stop the scheme and protect the remaining assets for investors,” said Scott Friestad, the SEC’s deputy enforcer.

The complaint details that as of Jan 7, 2008, Madoff’s investment advisory business had assets of $17.1bn, serving up to 25 clients.

Although Mr Madoff is thought to have few direct British links, he did open a London office in 1983, with Madoff Securities International becoming one of the first American members of the London Stock Exchange.

Stephen Raven, chief executive of Madoff Securities International said: “We only became aware overnight of the news relating to our Chairman, Bernard Madoff. Our business in London is not in any way part of Bernard L Madoff Investment Securities LLC. His major shareholding in our firm is a personal investment. Our business activities are not involved in any way with the US asset management company with which the reported allegations appear to be concerned. We do not have any further information beyond what is already in the public domain.”

In 2000, his market-making business BMIS partnered with Goldman Sachs and Merrill Lynch to the form the new Primex Trading platform, one of the early rival electronic exchanges to the main bourses which eventually fell by the wayside following a partnership with NASDAQ.

BMIS is also credited with ending the old practice of quoting New York Stock Exchange-listed securities in eighths of a dollar in 1997, instead listing them in sixteenths.

Mr Madoff began BMIS with just $5,000 of savings from jobs lifeguarding at Rockaway Beach and installing sprinkler systems.

The firm grew to become a leading market maker, with brother Peter, nephew Charles, niece Shana, and sons Mark and Andrew all involved in the business at some stage in recent years.

His firm’s website claims that BMIS ranks among the top one per cent of US securities firms, and states that “clients know Bernard Madoff has a personal interest in maintaining… high ethical standards.”

Mr Madoff’s lawyer, Dan Horwitz, called his client “a person of integrity” and said he intends to fight the charge. “We will fight to get through this unfortunate set of events.” His client was released on a $10m bond secured by his New York apartment.