More
Than 30 Defendants Have Been Sentenced in the Past Five Years in Connection
with Mortgage Fraud Schemes at Versailles Development
Wifredo A. Ferrer, United States
Attorney for the Southern District of Florida; John V. Gillies, Special Agent
in Charge, Federal Bureau of Investigation (FBI), Miami Field Office; José A.
Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal
Investigation Division (IRS-CID); Paula Reid, Special Agent in Charge, U.S.
Secret Service;, Jeff Atwater, Chief Financial Officer, Florida’s Department of
Financial Services; Addy M. Villanueva, Special Agent in Charge, Florida
Department of Law Enforcement (FDLE); Linda Charity, Interim Commissioner,
State of Florida’s Office of Financial Regulation; and the Palm Beach County
Mortgage Fraud Task Force announced that defendant Juan Carlos Rodriguez, 52, a
real estate agent and mortgage broker from Weston, Florida, pled guilty today
before U.S. District Judge Kenneth A. Marra for his participation in a mortgage
fraud scheme relating to properties in the Versailles development in
Wellington, Florida. Sentencing for Rodriguez has been scheduled for July 27,
2012.
Rodriguez pled guilty to conspiracy to
commit mail fraud, wire fraud, and financial institution fraud, in violation of
Title 18, United States Code, Section 1349, and conspiracy to commit money
laundering, in violation of Title 18, United States Code, Section 1956(h).
Over the last five years, more than 30
defendants have been prosecuted for mortgage fraud schemes in the Versailles
neighborhood. Most recently, in addition to Rodriguez, eight other individuals
have pled guilty and been sentenced in four related mortgage fraud schemes that
were centered in Versailles. They are:
Defendant David Lam, 42, a real estate
agent from Parkland, Florida, pled guilty on January 17, 2012 to charges in
four separate indictments. More specifically, he pled guilty to four counts of
conspiracy to commit mail and wire fraud, in violation of Title 18, United
States Code, Section 1349, and three counts of conspiracy to commit money
laundering, in violation of Title 18, United States Code, Section 1956(h). In
sum, the schemes alleged in the four indictments involved more than $15 million
in mortgage loans on 12 Versailles properties and more than $5 million in
fraudulent loan proceeds. Lam was sentenced on April 20, 2012 by U.S. District
Judge Kenneth A. Marra to 42 months in prison, to be followed by two years of
supervised release. The court also ordered Lam to pay $7,117,000 in
restitution.
Defendant Pamela Higgins, a mortgage
broker who lived in Arizona at the time of the offense, pled guilty on November
4, 2011 to one count of conspiracy to commit mail fraud, wire fraud, and
financial institution fraud, in violation of Title 18, United States Code
Section 1349, and one count of conspiracy to commit money laundering, in
violation of Title 18, United States Code Section 1956(h). Higgins was
sentenced by U.S. District Judge Kenneth A. Marra on February 10, 2012 to 36
months in prison, to be followed by two years of supervised release. Higgins
was ordered to pay $2,141,536 in restitution.
Defendant Carl Alexander, 45, of
Parkland, Florida, pled guilty on October 5, 2011 to one count of conspiracy to
commit mail and wire fraud, in violation of Title 18, United States Code,
Section 1349, and one count of conspiracy to commit money laundering, in
violation of Title 18, United States Code, Section 1956(h). He was sentenced on
January 6, 2012 by U.S. District Judge Kenneth A. Marra to 48 months in prison,
to be followed by three years of supervised release. The court also ordered
Alexander to pay $3,576,724 in restitution.
Defendant Carol Asbury, 59, an attorney
and title agent in Lake Worth, Florida, pled guilty on September 9, 2011 to two
counts of conspiracy to commit mail and wire fraud, in violation of Title 18,
United States Code, Section 1349, and two counts of conspiracy to commit money
laundering, in violation of Title 18, United States Code, Section 1956(h).
Asbury was charged and pled guilty to charges in two indictments, both of which
alleged mortgage fraud in the Versailles development. Asbury was sentenced on
November 18, 2011 by U.S. District Judge Kenneth A. Marra to 30 months in
prison, to be followed by three years of supervised release. She was also
ordered to pay $6,510,291 in restitution.
Defendant Patrick Brinson, 34, of Miami,
Florida, pled guilty on September 7, 2011 to two counts of conspiracy to commit
mail and wire fraud, in violation of Title 18, United States Code, Section
1349, and one count of conspiracy to commit money laundering, in violation of
Title 18, United States Code, Section 1956(h). Brinson pled guilty to charges
in two indictments, one of which alleged mortgage fraud in Versailles and one
of which alleged a separate mortgage fraud scheme in Miami. Brinson was
sentenced on November 29, 2011 by U.S. District Judge Patricia A. Seitz to 78 months
in prison, to be followed by three years of supervised release. He was also
ordered to pay $1,602,250 in restitution.
Defendant Victoria Wilson, 30, a
mortgage broker from Hollywood, Florida, pled guilty on August 19, 2011 to one
count of conspiracy to commit wire fraud, in violation of Title 18, United
States Code, Section 1349. Wilson was sentenced on November 30, 2011 by U.S.
District Judge Kenneth A. Marra to 24 months in prison, to be followed by two
years of supervised release. Wilson was ordered to pay $1,655,466 in
restitution.
Defendant David Charles Miller, Jr., 44,
Miramar, Florida, pled guilty on February 3, 2012 to one count of conspiracy to
commit wire fraud, in violation of Title 18, United States Code, Section 1349.
Miller was sentenced on April 20, 2012 by U.S. District Judge Kenneth A. Marra
to 27 months in prison, to be followed by two years of supervised release.
Miller was ordered to pay $1,655,466 in restitution.
Defendant Thomas Thelusma, 41, a Miami
firefighter from Biscayne Park, Florida, pled guilty on February 2, 2012 to one
count of conspiracy to commit wire fraud, in violation of Title 18, United
States Code, Section 1349. Thelusma was sentenced on April 20, 2012 by U.S.
District Judge Kenneth A. Marra to 18 months in prison, to be followed by two
years of supervised release. Thelusma was ordered to pay $1,035,000 in
restitution.
According to court documents, in all
four of the recent Versailles-related indictments, the defendants used “straw
buyers” to submit false documentation to various mortgage lenders substantially
inflating the purchase price of the properties. As part of the conspiracy,
duplicate HUD-1 Settlement Statements were prepared. One set, listing the real
price, was provided to the seller; another set, with the inflated price, was
provided to the lender. The difference between the real price and the inflated
price was either made to appear as if it were a debt owed to business entities
controlled by the defendants and their co-conspirators or was made to appear as
profits to the seller. The fraudulent loan proceeds were then laundered through
multiple accounts to conceal the source and distribution of the money and were
ultimately used for the benefit of the defendants and their co-conspirators.
Mr. Ferrer commended the investigative
efforts of the FBI, IRS-CID, U.S. Secret Service, Florida’s Department of
Financial Services and Office of Financial Regulation, FDLE, and the Palm Beach
County Mortgage Fraud Task Force. The cases are being prosecuted by Assistant
U.S. Attorneys Stephanie Evans, Ellen Cohen, Carolyn Bell, and Armando
Rosquete.
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