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NJ AG’s office charges six people in three separate, unrelated mortgage fraud cases June 30, 2009

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Mortgage fraud cases continue to heat up in New Jersey.  I have predicted this and I predict that it will continue.  Anyone associated with the mortgage business that even thinks that they may be a target should contact an attorney ASAP. 

Since it is a press release and rather detailed, I figured I’d just copy the whole thing.

TRENTON – Attorney General Anne Milgram announced today the indictment of six people charged in three separate, unrelated mortgage fraud cases, including two women charged with spearheading a conspiracy to use stolen identities to obtain more than $1 million in unauthorized mortgages, lines of credit and credit cards.

“The conduct charged in these indictments is unconscionable. It is the kind of greed-driven fraud that is harmful not only to those who were directly victimized but, ultimately, to consumers and legitimate businesses throughout the industry. We are committed to identifying, investigating and prosecuting this type of crime,” said Milgram.

Charged in a 17-count State grand jury indictment with conspiracy, eight counts of theft by deception, seven counts of identity theft and one count of money laundering are Yi Feng Reid, 48, of Closter, Bergen county, and Yu Jane Chen, 42, whose last known address was Philadelphia.

Charged in the same indictment with one count each of conspiracy, theft by deception and identity theft are George Liu, 33, and Ji Gang Chen, 53. Both men once lived in New York, and now reside in China.

According to Division of Criminal Justice Director Deborah Gramiccioni, defendants Reid and Yu Jane Chen both were involved in the mortgage and small business loan industry in the Bergen County area, and unlawfully used the identities of other people to obtain mortgages, other types of loans and unauthorized credit card accounts from 2004 through mid-2007.

Gramiccioni said some victims of the alleged identity theft gave Reid and Yu Jane Chen their personal and financial information in the process of seeking, and ultimately obtaining, a loan. In other cases, victims provided their personal information while beginning the loan process, then changed their minds and elected not to seek a loan.

Those who provided Reid and Yu Jane Chen with identifying information later learned their names had been used to secure unauthorized mortgages, loans and credit cards.

Reid and Yu Jane Chen are accused of being the principal co-conspirators. With their help, co-defendant George Liu allegedly obtained two mortgages on a family member’s house totaling $314,000 by using that relative’s identity, along with false tax returns and phony employment information. Co-defendant Ji Gang Chen, also assisted by Reid and Yu Jane Chen, allegedly obtained four mortgages on a family member’s house totaling $446,000 by using the family member’s identity, as well as false employment and wage information.

In all, the four defendants are charged with obtaining seven mortgages totaling $850,000 by using stolen identities and false information. In addition, 13 bank-approved loans and credit accounts worth a total of more than $300,000 were opened using stolen identities. Numerous banks in Pennsylvania, New Jersey and New York were defrauded.

Among other things, Reid and Yu Jane Chen allegedly used checks, credit card transactions and cash proceeds from their unlawfully-obtained accounts to make ATM withdrawals, and to buy goods at supermarkets, gas stations, toy stores, jewelry stores and other retail outlets. Other credit and cash proceeds were allegedly used to pay for ponies to entertain Reid’s child, to pay Reid’s nanny, to pay for the EZ Pass account of a Reid family member and to pay the expenses of Reid-operated businesses.

Yu Jane Chen allegedly used credit and cash proceeds to make a variety of jewelry purchases, and to pay the expenses of several businesses in which she was involved. Thousands of dollars also went to pay a spiritual adviser shared by both Reid and Yu Jane Chen. In some cases, proceeds from the unauthorized loans were used to make payments on other fraudulently-obtained credit accounts.

Most offenses charged in the Reid/Yu Jane Chen indictment are second-degree.

In an unrelated indictment, commercial loan broker Ramon Coscolluela, 30, of Union, was charged by a State grand jury with one count each of theft by deception (second degree) and attempted theft by deception (second degree).

Coscolluela, owner of Templar Group LLC of Newark, allegedly falsified five loan applications submitted to Commerce Bank in 2007 and 2008 on behalf clients who paid him fees ranging from $1,000 to $6,000.

Four of the loan applications were rejected, but a fifth loan request for $100,000 was granted. When the borrower defaulted on the loan, it prompted a bank review of the other four applications Coscolluela had submitted.

Each of the applications was allegedly found to contain inflated or false information not supplied by Coscolluela’s clients. Applications submitted by Coscolluela on behalf of his clients typically contained false information about the liquid assets they possessed, the value of their homes and/or the net worth of their businesses.

Coscolluela’s clients were never refunded the fees he charged them.

In a third mortgage-fraud indictment, Terrance Givens, 32, of East Orange, was charged with one count of theft by deception (second degree.)

According to Criminal Justice Director Grammicioni, Givens lied about his employment history on a mortgage application in 2005. Specifically, he falsely listed his employer as Wall Designs, Inc. of Newark, a business founded by a relative that, for all intents and purposes, never existed.

In addition to misrepresenting his employment history to the New Century Mortgage Company, Givens allegedly submitted false W-2 forms for the years 2002, 2003 and 2004 showing annual wages of between $67,000 and $72,000.

On the basis of the false information he provided, Givens was approved for, and received, a $200,000 mortgage loan which subsequently went into foreclosure.

An indictment is merely an accusation. All defendants are presumed innocent until proven guilty. Second-degree crimes carry a penalty of between five-and-10 years in prison and fines ranging from $150,000-to-$500,000 per offense.

Madoff gets 150 years but I’m still confused June 29, 2009

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I’m still shocked by the whole Madoff situation.  I really don’t understand why he didn’t fight this.   I’m hoping someone can explain to me how this makes sense.  At his age, just about any sentence would have been a life sentence.  Due to his age, his life expectancy would be much shorter in prison.  I know his lawyer said 13 years so they were hoping for 12, but I don’t think that he would have survived a 12 year sentence. 

 There have been some studies published on how prison rapidly ages everyone, especially an elderly convict but most lawyers don’t make this argument.  As a result, most judges are reluctant to except it.  However, in this case, I guess it doesn’t matter.

As an attorney, I also fail to understand 100+ year sentences.  Just for fun, I would file an appeal and ask for 120 years.  Why not a million years? It is all such a bunch of nonsense.

The other nonsense part of this is that the sentence was so high so it will deter others.  This is another thing that has no rationale basis behind it but it is a cornerstone of just about every sentencing scheme.  

In my opinion, the only person this will deter is someone else who thinks about taking a plea instead of rolling the dice at trial.  But again, that is the big thing that totally confuses me on this.  At his age, why plea out?  Why not drag this out for every last second so that you can stay out of prison as long as possible?  

I try to let my clients do what they want even if it is against my advice as long as they understand it.  However, unless Madoff has a great reason for throwing his life away, I would get his head examined before I would even allow him to do this.

Anyone have any thoughts?

New firm website June 27, 2009

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Check out our new firm website at www.tomsriverattorney.net

www.redbankdivorcelawyer.com

www.princetondivorceattorney.com

www.newbrunswickdivorceattorney.com

I am still ironing out a few bugs on the site so please excuse any errors that may exist.

Fake attorney needs a real one June 25, 2009

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The Monmouth County Prosecutor alleges that Laurie Rieger of Chester, NJ formed a bogus company named PSL Consultation Group, LLC in the spring of 2005 and began accepting retainers. Even though she lived in Chester, her office was in Matawan.  If you are going to pretend to be an attorney, why would you give yourself a big commute?

She is also alleged to have identified herself as an attorney in private meetings and in court documents. She is also alleged to have appeared on behalf of clients in at least one municipal court in Monmouth County and at a child support hearing in the Monmouth County Superior Court in Freehold. 

She was arrested and charged with practicing law without a license,  a fourth-degree crime and theft by deception charge, a third degree crime.  I really don’t buy the theft charge right now.  I would have to see more information. 

Story is here.

From witness to suspect June 24, 2009

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I’ve been working hard on one of my latest white collar crime cases and I thought I’d share a conversation I had with a law enforcement official.  I can’t get too much into the details of the case, but my client isn’t charged with anything at all.  However, law enforcement is performing an investigation and my client is part of it one way or another. 

Like usual, I did some great work right away and I actually knew more than this detective than what was going on; at least in one aspect of the case.  She wanted to speak with my client and she assured me that he was just being looked at as a witness.  However, after further questioning, she did admit that my client could go from a witness to a suspect depending on what he said.

So I’m suppose to sit there and let him talk while I hope for the best?  I of course questioned her even further.  I learned that there was no prosecutor on the case yet.  Thus, she can’t promise me a damn thing.  What if she thinks that my client is just a witness but then this unknown prosecutor thinks otherwise?  I then asked, if my client is just a  witness, why not draw up an immunity agreement?  Of course, there was no real response to that one.

In the end, the prep work that I had already done on  the case took the focus off of my guy for now.  We’ll see how it pans out.

This is why you should have an attorney that knows what he or she is doing.  The fact that she expected me to just walk my client in there and have him dig a huge hole for himself tells me that most attorneys just go with it, otherwise she wouldn’t ask.  Of course, you also can’t have an attorney that tells the cop to take a hike.  After all, you can do that on your own right?  Instead, a plan needs to be developed and executed to protect you and your family.  That is what I do for my clients.

Instructor charged with tampering with boating safety course records June 23, 2009

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Arthur Coakley, of Hinck Drive  in Wall, New Jersey was arrested at his home Monday by state police. He is charged with tampering with public records for allegedly  improperly passing an applicant at a boater safety course. 

An undercover state trooper went to a boater safety course, held at a shop in Fairview, Cumberland County and taught by Coakley.  After the trooper paid his tuition, he was allegedly given a certificate of completion for the program which is generally an 8-hour course.  Coakley then allegedly entered the incorrect course location and date of the class in the state’s boater safety certification database.

In any case like this, the first thing I think about is an entrapment issue.  However, it is clear that the State Police were tipped off about this from someone else.  Question is, does that person want to come forward or not?  I’m kind of surprised that an arrest was made without first trying to talk to him first.  I doubt that the State Police have a clear idea as to how many people didn’t take the test.  They could either ask him or talk to everyone who he administered the test to.  I doubt he’s talking now so it seems like they don’t care about the other people that didn’t take the course.

Story is here.

Attorney Michael Rumore sentenced to 15 years in prison June 19, 2009

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I blogged about Michael Rumore several months ago.  He was sentenced today to 15 years in prison.  While state prosecutions for $4 million schemes do not take place every day, I can’t see how this 15 year sentence makes any sense.  I really don’t see how he could have done much worse at trial.  While the plea called for him to get 15 years, which is the minimum for the two charges he pled out to, I think that he could have done much better.

First of all, I would have probably held out for a better plea. Second, I would  really like to know if his attorney asked for less time.   Rumore could and probably should have got less time.  This guy had a bad addiction and while he doesn’t deserve a medal, it should mitigate the punishment here.  There is a big difference between someone who screws people over for financial gain versus someone who has a serious addiction.  I would have had Rumore evaluated by a psych with a  written report to bring down both the plea and sentence but that’s just how I do things.

New Jersey Dentist Accused of Prescription Violations June 18, 2009

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A complaint has been filed with the state Board of Dentistry by Attorney General Anne Milgram against  Gary Schneiderman for allegedly issuing1,880 doses of Percocet and 13 doses of Oxycontin to his girlfriend, who was not his patient.  Schneiderman is a former mayor of Livingston who practices in Jersey City.  He is also accused of providing the woman with blank prescriptions, knowing she would use them to obtain more of the painkillers.

This is a tough spot for Schneiderman because he wants to keep his license but at the same time, he will want to stay out of prison.  Anything he says in defense of these accusations can and will be used against him in a future criminal case.  He will need an attorney that can handle the criminal aspects of this in addition to the license issues.  It may even take two attorneys.

Story is here

Red Bank, NJ Dentist Marc Weber Charged With Fraud June 15, 2009

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Marc Weber of Red Bank, a licensed dentist, his office manager, Jennifer Barbers, of Manalapan, and Weber’s dental practice, Whitehouse Dental Office, P.A. (d/b/a Weber Dental Associates), located on Broad Street in Red Bank were charged with second-degree conspiracy and second-degree health care claims fraud, as well as Medicaid fraud, theft by deception, theft by unlawful taking, and theft of identity, all in the third-degree.

There are two sets of allegations here.  According to the press release, the first set of charges allege that:

between Jan. 1, 2004, and June 30, 2008, Weber and Barbers, who are now married to each other, stole more than $3,565 from Medicaid for services that were never rendered and/or completed. According to the indictment, Weber and Barbers regularly instructed another employee who handled the billing for the dental practice, to submit claims to Medicaid for pre-approved work prior to the completion of the pre-approved work. Barbers instructed the same employee to submit claims to Medicaid for a patient’s entire treatment plan on the patient’s first office visit, even if the patient did not return to the office to complete the treatment. She also allegedly instructed an employee to bill Medicaid for crowns and dentures on the patient’s initial visit rather than when or if the work was completed.

That part is not too bad from a defense perspective. Clearly there is an issue with an employee who is not charged.  Thus, it will be difficult to prove that this was not just a disgrunteled employee acting on her own.  Furthermore, the dollar amount is rather low.  If this was it, I would not be worried.

The second part of the case is more serious.  It alleges that:

Barbers allegedly convinced patients to take out loans for dental procedures using specific loan providers, even when the procedures were covered by insurance. She then allegedly processed the loans without the patients’ authorization, and collected payments from the loan providers even if the patients decided not to have the dental work performed. As a result of Barbers’ alleged actions, the patients were responsible for paying back the loans. According to the indictment, Barbers obtained the identifying information of three patients from the loan applications and assumed the identity of those patients in order to obtain the proceeds of the loans. It is alleged that Weber, Barbers and the dental practice fraudulently collected almost $30,000 from the proceeds of these loans.

This sounds bad, but the good thing is that it was only three people.  I am sure there is more to this story.  However, everything here is on the line so I hope they have great attorneys.  I would want to interview these patients right away.  Their testimony will go a long way in determining what happens with the case.  If there are other patients that are similarly situated but not part of the case, I would interview them as well.

Press release is here.

Mortgage insurance companies use private investigators to kick-off prosecutions June 13, 2009

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Most people realize that they are in hot water when the police call.  However, the same cannot be said when an investigator for a company calls to ask some questions.  What these people fail to realize is that every move they make going forward could very well determine whether they will spend some time behind bars even though the police know nothing about them at that moment.

As I have discussed before, most insurance fraud prosecutions start off with investigations from insurance companies and not law enforcement.  In fact, some insurance companies employ dozens of full-time investigators.  If you read some of the press releases from New Jersey’s Insurance Fraud Prosecutor, you will see that the insurance company that initiated the investigation is usually mentioned. 

Some mortgage companies are knee-deep in foreclosures and other problems due to the meltdown of the real estate market to bother you these days.  However, other companies are doing what it takes to stay alive, especially companies that provide private mortgage insurance or PMI. If fraud is suspected, the company will have an investigator attempt to put all of the pieces together.  That means that he is going to call you and ask you some questions.

Since this investigator is not a cop, anything you say to him will be used against you and there is virtually no way to keep these statements out of court.  But ignoring him won’t really help you since they could pull your PMI due to your failure to cooperate. 

The way to handle any investigation into your actions whether it be from an FBI agent, an investigator for a mortgage company or even an issue with your employer is to call an attorney before doing anything.  You need an attorney that knows how to develop a plan to move the situation forward without putting yourself at risk for prosecution. 

When clients first call me, they often ask what I will do with their case.  I tell them that there is no one way to handle every case.  In fact, my response to these cases is often unique to each case.  However, the results that can be obtained when a client hires me early on are quite often much better than they are when clients wait until their world is about to come crashing down on them.  In fact, a large number of clients that call me early enough can often avoid charges all together.  As a result, the costs to them are much lower.  Look at it this way, it is much easier and cheaper to prevent toothpaste from coming out of the tube then trying to put everything back into an empty one.

Bottom line, if you think a mortgage company or any other company, employer or law enforcement agency suspects you for fraud or any other crime, call a good attorney right away.  If it is in New Jersey, call me anytime.