California Real Estate Fraud Report

John Bui is on his way to a 41 month stay in federal prison and $3.5 million in restitution after being sentenced conspiracy to commit wire fraud, destruction of records in a federal investigation and witness tampering.

According to the U.S. Attorney’s Office, Bui wrote fraudulent loan applications for six years before he was caught.

Read the full story in the Silicon Valley Mercury News.

In a plot that has been repeated many times in the California Real Estate Fraud Report, a gang member pled guilty in federal court to operating a mortgage fraud ring that included at least 24 people. It entailed straw buyers, phony appraisals, fraudulent applications for mortgages and falsified escrow documents as well as the services of a real estate broker, Stanley Gentry, who allegedly sold access to the MLS for $10,000 / month. Estimates of the losses for the over 100 properties in San Diego County range between $20 million and $50 million.

Darnell Bell pled guilty to participating in a racketeering conspiracy involving bank fraud, money laundering and other crimes, for which he faces up to 20 years in prison. His co-conspirator, Michael Ivy, owned the Real Estate Center in La Mesa. Ivy pled guilty earlier to conspiracy and is awaiting his sentence.

Read the full story in the San Diego Union Tribune.

A real estate agent and her father are accused of money laundering, conspiracy and grand theft in Bakersfield and are wanted on outstanding arrest warrants of $1 million each.

Augustine Ramirez applied for loans for five homes in less than two months, indicating on each loan application that the homes were to be his principal residence, according to prosecutors in the District Attorney’s Office. The sellers paid Ramirez kickbacks for purchasing the homes at inflated rates, which he then allowed to go into foreclosure without ever making a payment. One of the homes Ramirez purchased was originally bought by ex-Realtor Carl Cole and his wife Rebecca for $361,500 in September 2004. The Coles sold the home to Crisp and Cole Real Estate within a few months, then to Crisp and Cole agent Justin Eddleman, who re-sold it to Ramirez for $949,000 in December 2006.

As should be obvious, the buy-and-flip schemes that Ramirez and others accused in real estate fraud and mortgage fraud were made possible by questionable property value appraisals.

Although only Augustine Ramirez’ name appears on loan documents, it is alleged his daughter was present at the time the loan documents were submitted and they both received the proceeds.

Read the full article in KGET TV 17, Bakersfield Now and the Bakersfield Californian.

Two men operating a real estate fraud scam together may have lost everything with one being charged with murdering the other.

Reginald Robinson is accused of murdering his business partner, mortgage lender Kasmir Billon, in order to avoid having to split the spoils of their combined real estate fraud and mortgage fraud. Prosecutors allege that Billon and Robinson schemed to over-appraise townhouses that would be sold to straw buyers using loans written by Kasmir Billon. Billon was found shot to death, a bullet in his heart, in his BMW 745 in April 2008.

Read the full article in the Silicon Valley Mercury News.

Kyle Grasso, a central figure in the Beverly Hills real estate fraud and mortgage fraud conspiracy that captured headlines and temporarily resulted in his enrichment at the expense of Westside property owners as well as contributing to the fall of Lehman Brothers Bank, received a sentence of only a year and a day in jail. Grasso was also ordered to repay a portion of the $13 million restitution that was determined to be the losses for the crimes he and his co-conspirators committed. Grasso was convicted of conspiracy, bank fraud, loan fraud and money laundering.

U.S. District Judge Dean D. Pregerson imposed the sentence. Inexplicable to me is how Judge Pregerson could refer to the sentencing as “difficult” because “Mr. Grasso is fundamentally a decent person. Sometimes people make stupid decisions.” Yes, Judge, but fundamentally decent persons don’t conspire to steal $13 million. It is only logical to assume that Grasso and his mortgage fraud gang would have stolen more if they hadn’t gotten caught.

No wonder there is so much real estate fraud and mortgage fraud: judges feel badly about sentencing criminals but not for the havoc their crimes wreaked on the local real estate market.

** Now for a truly macabre twist: Syd Leibovitch, owner of Los Angeles-based Rodeo Realty, sent out an announcement to Realtors two days ago that he has hired Joseph Babajian, the former partner and real estate agent who was also charged in the Beverly Hills mortgage fraud but was the only one who was acquitted of the approximately dozen charged. Why anyone would want to brag about hiring Babajian or even think it is a good idea has many of us who have remained scandal-free scratching our heads.

Read the full article on CBS News.

The Federal Financial Institutions Examination Council, aka FFIEC, is a federal interagency organization which is “empowered to prescribe uniform principles, standards, and report forms for the federal examination of financial institutions by the Board of Governors of the Federal Reserve System (FRB), the Federal Deposit Insurance Corporation (FDIC), the National Credit Union Administration (NCUA), the Office of the Comptroller of the Currency (OCC), and the Office of Thrift Supervision (OTS) and to make recommendations to promote uniformity in the supervision of financial institutions.”

The FFIEC has just updated its white paper on mortgage fraud and deterrence. Important topics for consumers and financial professions are its chapters on reverse mortgage fraud (a new addition), as well as property flipping fraud, short sale fraud, loan modification fraud and other schemes.

Read the FFIEC white paper on The Detection and Deterrence of Mortgage Fraud against Financial Institutions. There is also a link to the white paper on the blogroll to the right of this column.

To learn more about the FFIEC, click here.

The Orange County District Attorney’s Office reports that real estate losses reported to its special real estate fraud unit amount to $100 million, with over 1,000 victims. The unit, formed only last year, has had 346 referrals to it for mortgage fraud (and presumably, loan modification scams) and real estate fraud both from victims and real estate professionals.

The numbers so far:

Referrals to the DA of suspected real estate fraud: 346 +

Referrals from county Clerk-Recorder: 16

Investigations received from law enforcement agencies: 17

Filed criminal cases: 29

Cases rejected for filing: 30

Cases referred to other state or federal agencies: 12

Convictions: 14

Real estate crimes by white-collar criminals show no sign of abating. Please get multiple, independent references before giving your money to someone you do not know.

Read the full article in the Orange County Register, aka OC Register.

Sentencing is scheduled next week for former real estate agent Kyle Grasso, who was convicted for his role in a massive multi-million dollar fraud, much of which has been documented in earlier postings on the California Real Estate Fraud Report.

Grasso was convicted of criminal conspiracy, bank fraud, multiple counts of loan fraud and money laundering. Inexplicable, the U.S. District Attorney’s Office in Los Angeles is only recommending three years in prison, according, to its spokesman Thom Mrozek.

One of Lyle Grasso’s partners in crime was former appraiser Lila Rizk, who recently received a 3 year sentence.

Read the full article in the Beverly Hills Courier.

U.S. District Judge George H. King sentenced five people convicted in a foreclosure fraud scheme that victimized homeowners in foreclosure who were seeking assistance.

Judge King meted out the harshest sentence and criticism to Edward Seung Ok, who received 15 years in prison for his crimes. According to the judge, Ok fell “far short in the full acceptance of responsibility”. Among other things, Ok used the $4.6 million he stole to buy drugs and alcohol and a Lamborghini Gallardo. He violated his plea agreement by trying to hide from investigators the $1.6 million he transferred to the Bank of Nevis on the Caribbean island of St. Kitts.

Ringleader Martha Rodriguez was sentenced to 10 years and agreed to forfeit $900,000 in cash seized by the feds (see, crime does pay), interest in five homes and a truck. She spearheaded the scheme for which she was convicted while being free on bond after being charged with other real estate crimes.

Ok, Rodriguez and fellow convicted defendants Maria G. Juarez, Vladimir Stefanovic and Cynthia Valenzuela (she worked on the escrow fraud side) preyed upon homeowners in default and promised they could help save their homes by selling their homes to buyers provided by the defendants. In realty, the buyers were “straw buyers” who had no intention of purchasing the distressed properties.

Read the full article on Southern California Public Radio. More recent articles appeared in the Orange County Register and the National Mortgage Professional.

Agoura Hills-based Interthinx® has just published its 4th quarter 2009 report on the risk of mortgage fraud. For those who live in California, the bad news is that the Golden State has been rated as the highest state for the risk of mortgage fraud, followed by Nevada (a previous 5 quarter winner, just nosed-out by California in the latest survey), Arizona, Florida and Colorado. All are at the top of the list for defaults and foreclosures.

Risk of mortgage fraud consists of several metrics. As reported in CNNMoney, the occupancy risk index rose 16 percent since the 3rd quarter measurement. Occupancy fraud is the term for when a borrower states on his or her loan application that s/he will be occupying the home. Owner-occupied homes are known by lenders to be less likely to go into default and therefore receive more favorable interest rate quotations. Non-cash buyers who “flip” properties often commit loan fraud / mortgage fraud on their loan applications in order to receive the lower interest rates. But - and here’s the catch - many lenders are now performing random drive-bys of properties for which the applicant owns more than one home in order to determine whether the applicant lied, in which case the legal and financial repercussions for defrauding the lender could be severe.

Another risk factor that is up sharply is property valuation fraud. Although appraisers are now bound by the Home Valuation Code of Conduct, aka HVCC, Interthinx® found evidence of schemes with both short sale and REO properties in which the the property valuation has been compromised.

Interthinx®, a subsidiary of Verisk Analytics, provides risk mitigation (risk reduction) and regulatory compliance tools for the financial services industries.

Read the full article on CNNMoney. The Interthinx® report can be found at The Mortgage Fraud Risk Report.