Mortgage Fraud Cases - Update - Case Types

Florida Federal Criminal Defense Attorney, Lawyer W.F. ''Casey'' Ebsary recently reviewed an interesting piece on Mortgage Fraud by an experienced white collar criminal defense attorney. Angie Halim, an attorney recently published a summary called "The Current State of Mortgage Fraud Prosecution." The complete work can be found in Criminal Litigation, Fall 2009, Volume 10, Number 1, American Bar Association, Section of Litigation.

The writer defines Mortgage Fraud as “a material misstatement, misrepresentation, or omission relied upon by an underwriter or lender to fund, purchase, or insure a loan.” Although the term used is "mortgage fraud" there are several fact patterns that generate state and federal criminal cases. They are according to the white collar criminal defense attorney Halim:

Mortgage appraisal fraud

Mortgage fraud equity skimming

Straw purchasing schemes

Mortgage occupancy fraud

United States Code Sections frequently used: 

Conspiracy 18 U.S.C. § 371

Mail Fraud 18 u.s.c. § 1341 

Wire Fraud 18 u.s.c. § 1343 

Bank Fraud 18 u.s.c. § 1344 

Tax Fraud 26 u.s.c. § 7201 et seq. 

False Statements 18 u.s.c. § 1001 

False Statements in Loan Applications 18 u.s.c. § 1014. 

The FBI notes and federal criminal defense attorney Halim concurs there are some emerging trends in Mortgage Fraud prosecutions including "reverse mortgage fraud schemes, credit enhancement schemes, builder bailout schemes, condominium conversion schemes, foreclosure rescue schemes, serial property flipping, and short sales schemes." The FBI has now commenced “Operation Malicious Mortgage.” The feds will pursue lending fraud, foreclosure rescue schemes, and mortgage-related bankruptcy cases, the article notes.

Mortgage Fraud? Tell Me Your Story Toll Free 1-877-793-9290 or Click "Call Me" Above.

Source: The Current State of Mortgage Fraud Prosecution, Criminal Litigation, Fall 2009, Volume 10, Number 1, American Bar Association, Section of Litigation.


Mortgage Fraud, Tampa Federal Criminal Defense Attorneys, Tampa Federal Criminal Defense Lawyer

Florida Super Lawyers 2010 - Tampa Federal Attorney

Tampa Federal Criminal Defense Attorney, Lawyer W.F. ''Casey'' Ebsary, Jr. has once again been reviewed and named to the new list of Florida Super Lawyers 2010. The final list represents no more than 5 percent of the lawyers in the state. Casey is also Board Certified by the Florida Bar. A group that comprises less than 1/2 of 1 percent of Florida Attorneys.

''It is absolutely clear from this record that [Super Lawyer does] not permit a lawyer to buy one's way onto the list, nor is there any requirement for the purchase of any product for inclusion in the lists or any quid pro quo of any kind or nature associated with the evaluation and listing of an attorney or in the subsequent advertising of one’s inclusion in the lists.'' According to one State Supreme Court.

Source: http://www.superlawyers.com/about/selection_process.html

Florida Super Lawyers 2010 - Tampa Attorney