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 Federal Court Database Search

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We have hundreds of pages of information on Technology, Cybercrime, Federal Fraud claims and recent developments in Federal Courts and News.

Tampa Federal Defense Attorney

Federal Defense Attorney on Search and Seizure of Electronic Devices

Tampa Federal Criminal Defense Attorney has reviewed Government policies on Search and Seizure of Electronic Devices at borders. The U.S. Department of Homeland Security’s (DHS) policy is to treat computers, laptops, and other electronic devices like suitcases and backpacks in terms of border searches. It appears under current DHS policy, Customs and Border Protection (CBP) agents believe they are not required to provide justification or a reason for these electronic searches.

In a response to a recent Freedom of Information Act (FOIA) request, CBP disclosed the following: Electronic devices that were searched included laptops, USB thumb drives, hard drives, cell phones, digital cameras, and even DVD disks . From October 2008 through June 2009, CBP officials searched over 1,500 electronic devices belonging to travelers.

Cell phones were the most often searched and seized devices between October 2008 and June 2009. From July 2008 to June 2009, and Border Protection (CBP) transferred electronic files found on travelers’ devices to third-party agencies almost 300 times. More than 80 percent of the transfers involved the CBP making copies of travelers’ files. Over half the time, these unknown agencies asserted independent bases for retaining or seizing the transferred files.

As a defense attorney, it appears that the best strategy when traveling is to leave electronic devices at home.

Border Search? Tell Me Your Story Toll Free 1-877-793-9290. Sources: http://www.informationweek.com/news/government/security/showArticle.jhtml?articleID=219500468 http://www.nefafoundation.org/miscellaneous/FeaturedDocs/DHS_ForeignTravelThreatAssessment.pdf http://www.aclu.org/print/national-security/customs-and-border-protection-cbp-first-production-documents Federal Defense Attorney on Search and Seizure of Electronic Devices

White Collar Sentencing in Federal Court

White Collar Sentencing in Federal Court Crackdown noted by Tampa Federal Criminal Defense Attorney, W.F. ''Casey'' Ebsary, Jr. - The Eleventh Circuit Court declared a sentence illegal when a white collar defendant was not sent to prison. The trial court has repeatedly placed the defendant on the federal equivalent of probation. The United States Attorney has repeatedly appealed the below guidelines sentence, and the appeals court has repeatedly reversed.

The court concluded "it is difficult to imagine a would-be white-collar criminal being deterred from stealing millions of dollars from his company by the threat of a purely probationary sentence, regardless of how much probation that person received."

The complete decision is available here:

Opinion of the Appeals Court

White Collar Financial Fraud Defense? Tell Me Your Story Toll Free 1-877-793-9290 .

Note: This office did not represent any parties in this case.

Source: http://www.ca11.uscourts.gov/opinions/ops/200814712.pdf

White Collar Sentencing in Federal Court

Florida Mortgage Fraud Federal Prosecution - Tampa Federal Defense Attorney

Tampa Federal Criminal Defense Attorney continues a series of reports on Federal Mortgage Fraud Prosecution in the Middle District Court on the West Coast of Florida. The latest numbers confirm our earlier reports. Here are the latest numbers from Lawyers at the Department of Justice.

Case Summaries:

100 defendants
$400 million in loans
700 properties.

Number of Defendants / Prosecutions By Locale:

Ft. Myers - 32;
Tampa - 30;
Orlando - 19;
Jacksonville - 24.

Additional Information from the FBI DOJ website is available here:

http://tampa.fbi.gov/dojpressrel/2009/ta110409.htm

Under Investigation or think you might be? Tell Me Your Story Toll Free 1-877-793-9290 .

Florida Mortgage Fraud Federal Prosecution - Tampa Federal Defense Attorney

Computers in Criminal Court Seminar

Tampa Federal Criminal Defense Attorney presents an outstanding discussion by experts in the field on Electronic Discovery and Evidence in Criminal Actions. Free download of seminar is here. The materials discussed in the presentation are available here.

Faculty includes a Judge and DOJ Official. Discussion of target letters, subpoenas, and computers. Preservation and destruction of digital evidence issues are addressed.

Acknowledgement: Thanks to Nancy J. Erickson at BNA - legaledge.bna.com .

When Computers Come to Court - Tell Me Your Story Toll Free 1-877-793-9290 .

Computers in Criminal Court Online Seminar

Federal Sentencing in Computer Related Crimes

Tampa Florida Federal Criminal Defense Attorney, Lawyer W.F. ''Casey'' Ebsary notes that Computer crimes draw stiff sentences in Federal Courts. However, at a United States Sentencing Commission (USSC) hearing in Chicago, a Judge said it would give him comfort in affirming below-guideline sentences in child porn cases to see data showing there are lots of below guidelines sentences. There is such data.

In the first three quarters of 2009, judges sentenced below the guideline range in 503 of 1195 cases (42%) and the government moved for a below-guideline sentence in another 128 cases (10.7%), 101 of which were for reasons other than 5K1.1, that is, for reasons under 3553(a). See USSC Preliminary Data Report, Table 5.

The complete Report is at the link below:

If you have a computer problem in Federal or State Court - Tell Me Your Story Toll Free 1-877-793-9290.

Source: http://www.ussc.gov/sc_cases/USSC_2009_Quarter_Report_3rd.pdf.

Tampa Federal Defense Attorney - Sample Target Letter

Tampa Federal Criminal Defense Attorney has just returned from additional training on defending wire and bank fraud charges. As previously noted, these types of investigations are numerous and ongoing in the Middle District of Florida.

Below is the text of a typical target letter sent by Federal Prosecutors prior to seeking indictment of a "target." A target has been defined as: "a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant." United States Attorney's Manual § 9-11.151. Proceed cautiuosly if you have received one of these letters.

Sample Target Letter:

Re: Grand Jury Investigation, USAO No. 20XXXXXX

Dear Target:

This letter is to advise you that you are now a target of a Federal Grand Jury investigation in this District involving your activities with others related to [Charges and Activities] fraudulent mortgage transactions, in violation of the conspiracy, wire and bank fraud statutes [Statutes Here](Title 18, United States Code, Sections 371, 1343 and 1344), as well as other possible violations of federal criminal laws. The United States is prepared to proceed before a Federal Grand Jury to seek charges against you.

Should you desire to discuss the matter with us before we proceed to bring formal charges against you, please have your attorney contact Assistant United States Attorney [Name Here] (813) 555-5555, so that we may schedule an appointment. If you do not have an attorney and would still like to discuss the matter, please contact Special Agent [Name] at (813) 555-5555 to arrange an appointment. If we do not hear from you or your attorney on or before [Deadline Date], we shall assume that you do not wish to discuss the matter and will proceed accordingly.

Sincerely,

Assistant United States Attorney

If You have received a letter like this, we can help. Get advice from an expert - Call Toll Free 1-877-793-9290.

Tampa Federal Criminal Defense Lawyer

Tampa Federal Criminal Defense Attorney Listens in Florida

Tampa Federal Criminal Defense Attorney writes, "We Can Help in Federal Court, we can provide solutions. Tell us your story." Board Certified Criminal Trial Lawyer, W.F. ''Casey'' Ebsary practices extensively in the Federal Court in the Middle District of Florida.

If it is more convenient for you, we respond quickly to your call for help via our Call For Help web submission. They are sent to us wirelessly. We are constantly checking and responding, and will quickly get back to you via telephone or email.

Stop Worrying. Call us today at 1-877-793-9290 for a free initial consultation.

Tampa Criminal Defense Attorney Selected for 2009 Super Lawyers

W.F. "Casey" Ebsary, Jr., was again selected for inclusion on the Florida Super Lawyers list for 2009. Only five percent of Florida attorneys have been named to the list. He was selected through an extensive process of peer nominations, blue ribbon panel review and independent research.

Tampa Federal Criminal Defense Lawyer

Federal Criminal Defense Attorney on Federal Criminal Complaints

Federal Criminal Complaints are used by Federal Agents before indictments are sought. A typical complaint can be found here: Federal Criminal Complaint

W.F. ''Casey'' Ebsary, Jr. is a specialist in criminal trial law and is available Toll Free to help with these types of allegations. 1-877-793-9290.