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Archive for April, 2014

Julie Farmer, Final Crisp & Cole Defendant, Found Guilty on 7 Charges

April 25th, 2014 at 7:52am

The only defendant to take a chance at trial in the long-running Crisp & Cole prosecution has been found guilty on seven counts related to her activities at the firm.

Julie Farmer was originally a bookkeeper and eventually became their operations manager. The jury found her guilty on single counts of conspiracy to commit wire fraud, mail fraud and bank fraud and two counts each of committing wire fraud and conspiracy to launder money. Farmer had maintained her innocence before and during the trial and said she was only following orders.

The jury acquitted Farmerr on single counts of wire fraud, mail fraud and conspiracy to launder money.

The remaining 15 defendants, including owners David Crisp and Carl Cole, all took plea deals, avoiding trials.

Read the original article in Bakersfield Now.

Speaker Arrested at Financial Seminar for Elder Financial Abuse

April 25th, 2014 at 7:44am

Jose Carbajal, a certified financial advisor, was arrested at a financial seminar in Downey where he was present as a guest speaker.

Los Angeles County sheriff’s officials said an elderly woman reported that while managing her investment account, Carbajal, 45, had taken some of her money. This was because a large transfer from her investment account had triggered a $125,000 tax bill from the IRS.

He is also under investigation for possibly taking money from a Baptist church and other persons.

Charges were filed against Carbajal by the District Attorney’s Elder Abuse Section for elder abuse.

Read the original article in the Long Beach Press Telegram.

Real Estate Developer, Attorney and Bankers Indicted for Loan Fraud

April 18th, 2014 at 5:32am

Four men have been indicted by the office of U.S. Attorney Melinda Haag for loan fraud involving failed Sonoma Valley Bank.

Bijan Madjlessi, 58, of Mill Valley; attorney David Lonich, 59, of Santa Rosa; former Sonoma Valley Bank President Sean Cutting, 44, of Sonoma; and former Chief Loan Officer Brian Melland, 45, of Santa Rosa were arrested and later freed on $250,000 bond each.

Madjlessi is a real estate developer who defaulted on a $30 million loan he obtained from a different financial institution for his development called Park Lane Villas East in Santa Rosa. After defaulting, he and Lonich are alleged to have applied for a loan with Sonoma Valley Bank under a false name. According to the indictment, Cutting and Melland knew the loan was being submitted using a straw buyer name and still urged SVB’s loan committee to approve the loan, the purpose of which was for Madjlessi to buy back his defaulted loan.

The four men are charged with 22 counts, including one count of conspiracy to commit wire and bank fraud, one count of bank fraud, six counts of wire fraud, one count of conspiring to make false statements to a bank, one count of conspiring to launder money and 12 counts of money laundering. U.S. District Judge Susan Illston will be the trial judge.

Read the original article in CBS Local.

Scathing Criticism of Fannie Mae and Freddie Mac by FHFA-OIG

April 8th, 2014 at 9:04am

The Office of the Inspector General (OIG)  for the Federal Housing Finance Authority (FHFA) says the two agencies allowed fraud in the inspections of its foreclosed properties (REO fraud).

The OIG noted that both Fannie Mae and Freddie Mac did not provide proper oversight of the vendors conducting inspections. It sited once instance where an inspection report appears to have been copied from another one. Other red flags were property photos that did not match property descriptions and blurry photos.

My simple (and obvious) solution to the vendors engaging in fraud: a permanent ban from REO property assignments and a claw-back of the fees they earned by dishonesty. It will never happen, of course, just as the Fannie Mae and Freddie Mac employees in charge of oversight will keep their jobs and move on to new promotions without so much as a mark on their personnel records.

Read the original article on HousingWire.

Walnut Creek Man Indicted for Real Estate Investment Fraud

April 4th, 2014 at 8:50am

Benny Chetcuti Jr. was indicted last week by a federal grand jury on two counts of wire fraud, according to the office for U.S. Attorney for Northern California Melinda Haag.

Chetcuti’s business, which began in 1998, was buyer, renovating and reselling homes. He financed his business by obtaining private loans from investors.  According to prosecutors, however, he defrauded the investors by overstating how much debt was secured by the properties. He also in some cases did not record deeds of trust on the properties, which would have protected the interests of the investors in those properties.

Read the original article in the San Ramon Express.

Short Sale Fraud Still Pays as Judge Goes Easy on Defendants

April 4th, 2014 at 8:30am

Rejecting the recommendations of Assistant U.S. Attorney Gregory DammU.S. District Judge Jennifer Dorsey gave two former real estate agents only one day in custody of the U.S. Marshals Service and ordered them to pay restitution to the lenders they conned in a short sale fraud. Judge Dorsey did “sentence”  Cynthia Hosbrook, 41, and Robert Hosbrook, 52, to five years of supervised release and ordered them to pay fines of $10,000 each.

The losers here are taxpayers, who footed a trial that probably cost several hundred thousand dollars.

The Holbrooks lied to Wells Fargo and Fannie Mae, claiming they needed to do a short sale of their home due to hardship. They “sold” the Las Vegas house to Cynthia Hosbrook‘s mother for cash and continued to live in it, causing a $170,000 loss to the lenders. Unmentioned is that they got a write-down of their mortgage and a reduced property tax basis, so their fraud still appears to have paid-off.

In their plea agreement last November to one count of bank fraud each, they admitted they had committed short sale fraud in the sale of two other Las Vegas homes in 2008 and 2009.

Read the original article in the Las Vegas Review Journal.

Crisp & Cole Defendant David Crisp Gets 17+ Years in Prison

April 4th, 2014 at 8:12am

David Crisp, the figurehead in the largest mortgage fraud conspiracy in Bakersfield’s history, has been sentenced to 17 1/2 years in federal prison. He had pleaded guilty in December 2013 to conspiracy to commit mail, wire and bank fraud.

Just prior to sentencing Crisp, the judge called him a “fiscal predator.” The judge did show mercy to Crisp’s wife, Jennifer Crisp, who despite admitting to mail fraud and wire fraud, received only five years probation because the judge didn’t want their 10 year-old son to have both parents in prison.

David Crisp‘s business partner, Carl Cole, also received the same sentence in February and most of the defendants, who were relatives and employees, have been sentenced.

The only defendant to have not accepted a plea deal is Julie Farmer, who is awaiting trial. She began her career as Crisp & Cole’s bookkeeper and eventually became the operations manager.

Read the full article on Bakersfield Now.

A synopsis of all the players in this case can be found by clicking on this link of an earlier article on Bakersfield Now.

Charles Keating, Face of 1980s S&L Fraud, Dies

April 3rd, 2014 at 9:28am

Charles Keating, the banker who became one of the symbols of the last great mortgage crisis, has died at age 90.

Keating bought Irvine-based Lincoln Savings & Loan in 1984. It and other savings and loan institutions went bust in the late 1980s following the policies of President Reagan, who strongly advocated deregulation and letting the “free market” work. As with the banking crisis of the past eight years, the “free market” was anything but free, costing homeowners and stock investors billions in losses in the devastating savings-and-loan crisis. It also stuck taxpayers with $500 billion in bail-out costs.

Long after the damage was done, federal regulators pursued a $1.1 billion civil racketeering and fraud lawsuit against Keating. Among other things, they accused him of using the money from Lincoln’s depositors for himself and his family and to finance his failed political campaigns. Ultimately, he was sentenced to 12 years in seven months in prison but lucked out after his conviction was overturned on a technicality and served only 50 months of the sentence.

Charles Keating‘s involvement in politics exposed the relationship between bankers and politicians as Senator John McCain and former Senator Dennis DeConcini, both of Arizona, were accused along with three more senators of improperly acting on his behalf by intervening with the federal regulators. Those senators became known as the “Keating Five“.

Another famous family was caught up in the S&L scandal: Neil Bush and Jeb Bush, sons of President George H. W. Bush. Click here to read about their roles.

Read the original article in USA Today.

© Copyright 2007-2018 Monique Bryher

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The information and notices contained on The California Real Estate Fraud Report are intended to summarize recent developments in real estate fraud, mortgage fraud, short sale fraud, REO fraud, appraisal fraud, loan modification scams, loan modification fraud and other real estate related crimes occurring in Los Angeles and California. The posts on this site are presented as general research and information and are expressly not intended, and should not be regarded, as legal advice. Much of the information on this site concerns allegations made in civil lawsuits and in criminal indictments. All persons are presumed innocent until convicted of a crime. Readers who have particular questions about real estate fraud, mortgage fraud and appraisal fraud matters or who believe they require legal counsel should seek the advice of an attorney.

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