Saturday, October 9, 2010

National City seemed like a good bank for a first time mortgage

National City seemed like a good bank for a first time mortgage. We had a checking account through them and went with a counselor that irks to get people with not the highest credit into a home. I was told our payments would be around 450 a month when I went to sign the loan papers it was 675 a month. no worries I could squeeze that out. However after a few months my daughter developed an overactive immune system and broke out constantly in hives. No daycare would keep her and I kept having to leave work early. They also started a new attendance policy where you get 2 hours of sick time a month but you have to have coverage for the full day you take off our else you loose your job. So basically it was quit or be fired. With gas prices going up and my long commute quitting was the sane option. I then worked towards opening a home day care. It is now August and I have been trying to work with national city to get a small repressive on our loan since April. They say they have hardship help yet if you are not making enough money to pay your loan amount you cannot get help. But you need the help when you can not afford to pay. They keep telling me to increase my income and lower my expenses. Well let's see when i don't have internet or cable or any other unnecessarily expense how can I lower them? I have my license but every one is set for summer daycare. hopefully I get some calls for School time day care. I get the same run around every time i call. I saw a HUD certified credit counselor who told us the game is played by lying on your applications. She stripped everything down and lied about our expenses and then sent it in. That scares me. If they would take partial payments i would be close to paid in full. But it's hard for us to get that much together at one time right now. These people stink and are very lousy to deal with. If your looking at this lender RUN AWAY!!!!!

Friday, October 8, 2010

NATIONAL CITY SHOULD BE MORE WILLING TO HELP SOMEONE

I FEEL THAT NATIONAL CITY SHOULD BE MORE WILLING TO HELP SOMEONE WHO HAS BECOME ILL AND UNABLE TO MAKE THEIR MORTGAGE PAYMENTS DUE TO THE FACT THAT THEY ARE NOT WORKING BECAUSE OF ILLNESS. THEY SHOULD HAVE MORE UNDERSTANDING AND CONTACT PEOPLE WHO ARE WILLING TO PAY BUT DO NOT HAVE ALL THE MONEY TO GET CURRENT. THEY SHOULD HAVE A WORKOUT PLAN FOR THE PEOPLE WHO HAVE SERIOUS ILLNESS. ALSO BE WILLING TO TALK TO PEOPLE ABOUT THEIR MORTGAGES AND WHAT THEY CAN DO TO GET CURRENT.

As a former negotiator in the Loss Mitigation Dept I can tell you our supervisors really never cared to get our customer truly taken care of. They were always about the numbers. They would rather the negotiators reviewed a package poorly but fast, as opposed to taking your time to make sure our customers received a fair evaluation and a quality remedy. We didn't return phone calls, because too many people would call in and the managers didn't really care unless a customer actually elevated the call to a senior manager. National City preferred to forward accounts to foreclosure as quickly as possible because in the long run they wanted you the customer out of the Loss Mit Dept arena and unto somebody else's plate. Trust me when I tell you there was a reason so many things (payments, packages, letters, pay stubs, etc) were lost and calls were not returned. The managers and supervisors knew that when people called in to say a payment was made but not properly recorded or a call was made by the customer but never returned by NCM, or dicumentation submitted but claimed never received by NCM, that the customer was usually telling the truth but they didn't care. I know I was one of the people you would call for help until my health failed and I was forced to leave. There isn't a day that doesn't go by when I don't worry about the many customers who did the right thing who will never the less lose their homes. The only thing I am always amazed about is that you the borrowers haven't come together and challenged National City Mortgage in court under a class action suit. God Bless you all, as long as you remain National City customers you will need God's blessings.

Thursday, October 7, 2010

National City told us 2 years ago when we got our loan that the payments would be 1700.00 month

National City told us 2 years ago when we got our loan that the payments would be 1700.00 month and after we purchased the home and got our payment book the payments were actually 2200.00 month and then in October they raised our payments to 2600.00 month because they didn't calculate the taxes properly they based them on the current owner. We are struggling horribly and the best part is we own a home in another state that won't sell so we have 2 mortgages with NCM and they wont do a thing to help. Phone call after phone call. They basically said we are not a hardship because we both have jobs and the 2 house payments have never been late. THEY WILL NOT HELP YOU NO MATTER WHAT!!!!!

They are calling and harassing us (at both home and work) when our payments are not late. Yes, NOT YET DUE. Payments are due on the 15th of the month for our home loan, and I am being called on the 2nd or 4th of the month by NCMC Debt Collection office demanding payment.. of a payment they ALREADY HAVE. (They do electronic check processing - I can see the payment has already cleared from my bank account.) I am lodging complaints with my state's AG and the FTC because it can't be legal to call BEFORE PAYMENT IS DUE at my place of business disturbing me during a meeting with colleagues. I regret endlessly that we have ever done business with these people. We are seeking a different lender. I heartily recommend CitiMortgage - they've been wonderful.

Tuesday, October 5, 2010

UNFAIR AND WOULD LIKE FOR SOMEONE WITH JUST A LITTLE COMPASSION AND UNDERSTANDING FOR THE WHOLE STORY TO GIVE ME CHANCE TO MEET THE MODIFICATION APPRO

I feel the foreclosure proceedings were performed way too quickly for only a couple of months behind. As far as I know, the payment track record prior to the last few months has been impeccable.

I THINK THIS IS UNFAIR AND WOULD LIKE FOR SOMEONE WITH JUST A LITTLE COMPASSION AND UNDERSTANDING FOR THE WHOLE STORY TO GIVE ME CHANCE TO MEET THE MODIFICATION APPROVAL. Around the 1st of March I had conversations with a wonderful lady in your Loss Mitigation area who offered me a modification work out and indicated to me that I would receive this information in writing from the Attorney , at that time expressed the importance of receiving this information in writing because I would be obtain a HARD MONEY LOAN and the want complete disclosure of the facts. (and are still willing to lend the money) On March 15th or so I complete the intent to cure, while still awaiting the modification information I just wanted to be sure that I didn't miss any dates. In April I was informed after contacting NCM that the sale had taken place and that I had defaulted on the modification that never received I was outraged, there was on way I would have let my entire life fall to the waste side for less that $15,000. I got further confused when I contact NCM and was told that my loan was already in the REO Department and was provided a phone number, after a day or so I got a call from a lady that to me that I needed to contact FANNIE MAE directly and provided me with DO numbers for all my loans and a phone number to Fannie Mae , as you can imagine this turned into a roller coaster rider, finally after a few day I spoke with a person who LISTEN to my complete story and knew what to do and who to contact in the REO Department at NCM (MIKE, who was been wonderful) Mike I explained the information I had gotten previously and Mike ask if he could call me back later once the source of misinformation was worked out. He called me back and directly me to Mr. Gordon, I had made several attempts to reach Mr. Gordon but he was busy, one the the customer service reps in that department Mrs. Greene took a moment to LISTEN to my story, she sent a e-mail to Mr. Gordon and he respond by requesting a new workout package on all loan, I tough that it was possible that we were all working on the same page now.... But I was wrong ....when I contacted NCM within the next two days (allowing time for my workout package to be reviewed) I was informed that the proceeding where still in foreclosure ??? I was pissed I requested to speak with a supervisor, I told the supervisor what the issue was and that I never received that figures in writing from the Attorney and that there was NO WAY I WOULD HAVE RISK LOSING 3 PROPERTIES FOR LESS THAN $15,000 IN DEFAULT. She told me that see need to look into the matter and would call me back. She called me back at my home #(not the number I gave her) and left a message for me to call her back "No Details" there is a 2 hour difference from the to here in Colorado, so I called her back 1st thing the next morning and got v/m , waited about an hour or so and called back and refused to go to v/m. The supervisor questions as to why I did not call back many more times to assure that the modifications figures were sent out , I explained that I was unsure as to the time line or of the procedures, in short I trusted that I was successful with my request for modification and that it could be maybe 7-10 days to receive via mail. The supervisor informed me that it was too late and now my only chance to save what I have worked my entire life for was at basically gone. I THINK THIS IS UNFAIR AND WOULD LIKE FOR SOMEONE WITH JUST A LITTLE COMPASSION AND UNDERSTANDING FOR THE WHOLE STORY TO GIVE ME CHANCE TO MEET THE MODIFICATION APPROVAL. I have been though every web site for HARD MONEY LENDERS that lend in COLORADO and most of then really don't have any money to lend they are lined up to place bids and acquired my properties. I have talked to every one I could and I not getting anywhere. This is not fair please see that, I would think that a company the size of NCM there has to be more that one way to skin a cat. You can call me at 720-363-0190 and leave a detailed message or e-mail me at jaymoneeivory@msn.com

Monday, October 4, 2010

National City Mortgage Co. is the absolute worst group of people to try to deal with

National City Mortgage Co. is the absolute worst group of people to try to deal with. They send out this beautiful little brochure telling you they understand unexpected, unforeseen things can happen, loss of job, divorce, illness, etc., and that they are here to help. To the contrary, they are the most rude, unworkable, and unprofessional group of people I have ever dealt with. I have been fighting with these people since 2006. I went through a divorce and was left with the marital home. I chose to try to keep it because of my young son. Soon I realized there was no way I could afford the home on a single income. So, because their beautiful brochure said to contact then in the event something happens that you are struggling with payments, I did. And it has been the most hellish nightmare ever since. I asked if they could do a remodification so that I could afford the monthly payments and be able to keep my home. They told me that because I had a deficit income, they couldn't help. I guess I just don't understand that concept. I don't have any other debt, I have a good job and HAD good credit. But nope, no help. Now, two years later after struggling, going into more debt trying to make my payments while trying to sell the home, I am at a loss and am faced with foreclosure. I again filled out a hardship assistance packet asking if they would negotiate a Deed in Lieu of Foreclosure, I was denied again. They call all the time, are rude, harassing, it's just been a horrible nightmare. I felt like I was trying so hard to keep my home and, as others have stated, they wanted me to fail. Why, with so many people going into foreclosure, would they want yet one more foreclosure added to the list? Unbelievable.


I have a construction loan with them & they arbitrarily decided that they were not going to keep funding the house since we all know the florida market is bad. They would rather cut their losses up front & have default loan for $100k & not $300k. Well, I have great credit, never miss payments but now they are calling the note & forcing me to come up with cash I dont have. I made a bad decision investing in Florida, but unfortunately was willing to make good on my end of the deal. Now I am faced with either foreclosure or bankruptcy. Thanks NCM, your company motto is exactly opposite of what you promise. I worked 10 hard years to get great credit & just started to build a nest egg & you guys have backed me into a corner & left me with no other alternatives. No one wants to buy your company b/c you preyed upon the subprime loans & when things got bad, you turned your cheek on the borrower who needs you now more than ever.

Sunday, October 3, 2010

Having the same problems

I am currently having the same problems. My wife and I were out of work for 2 months (keep in mind we were never late on a payment and have perfect credit) They began foreclosure on us and even after we have both gotten few jobs making what we were before, they still will not work with us. They dont return phone calls and are far less than compassionate. I did learn that if you call 1800-367-9305 and insist on speaking with a supervisor, you will eventually get to talk with a human. Dont take no for an answer, they say that you dont need to worry and they will be in contact with you, but every day that goes by they are charging you legal fees for the foreclosure process. One person told me that I would have to wait because my house isn't a priority yet because it's not sceduled for auction for another month! I said"What the Crap are you talking about" They wont let me make a payment or work things out but they still are sceduling an auction? She then told me that they were understaffd and needed to hire more help, like thats my fault? Just be persistent with them. Call everyday until tnhey will listen to you.

Saturday, October 2, 2010

National City is the worst Co. we have ever dealt with

National City is the worst Co. we have ever dealt with. They have forced us to take legal action. They are now violating state laws by harassing us on a daily basis with phone calls. It's never the same person that calls. We've started asking for their names and am keeping a log. We may not just have a bankruptcy case as our only case with our this terrible company. We tried working with them for months with a short sale offer. We submitted over 30 personal documents they requested. They lied about receiving them, yet we received confirmation that the faxes went through. They have lied to us on many different occasions. They were told we were advised by our attorney to no longer talk to them and they are to contact him. But they continue with the harassing and threatening calls. Their reps are un-businesslike and ignorant. My guess is they may have a GED at most!!!

Never dealt with a company who refers you to another NC employee and you end up where you started and get even more frustrated. never worked with a company that didn't know what way was up. I would never recommend anyone doing business with them, I've had it
by BoLi From Cape Coral, FL on September 10, 2007


National City Mortgage WANTS your house! They say they don't want it, but it they WILL NOT work with you! If you have an FHA insured loan they are required to accept partial payments, yet they refuse. They will not modify your loan, but will do a re-payment play which brings your payments up hundreds, which makes no sense in todays economy. People are getting behind because their payments are already to high, and they want to raise them more!! Great practices National City. Way to go! I am having their practices investigated, by government agencies as well as the attorney general. We bought a $140,000 home, making less than $40,000 a year and were easily approved. Now they are concerned with our income saying they can not help us because we don't make enough..What the hell! They take my house, they better be ready to stand in court for the next couple years!
by david hampton From Okeechobee, FL on August 09, 2007

after reading the comments there is nothing more I can say...they have done the same thing to me...I tried to work out but they refused to help me in ANY way...they want you to fail...they want your house and that is just wrong...if I can get back on track I will say goodbye to National Crappy Mortgage
by Jorge Dambakli From Hollywood, FL on August 02, 2007

I had an agreement with counsel department and tell told me I can bring current my account no more than July 31, but I got the money in July 22 and I call them to make the payment, but they told me that my house is in the foreclosure department. they trying to take my house just for 1.400 $, which I already paid.
by Anonymous From Austin, TX on July 22, 2007

I have a construction loan with National City Mortgage. The original builder left the project. National City would not accept my new builder, and decided to place my loan in default for lack of construction activity.
by Paulette Evans From New Bedford, MA on July 09, 2007

in mid of a construction loan... my builder walked off. I have sent National City Mortgage my new builder info for 90 days. no one there answers. last week; they sent me a DEFAULT notice because, get this---they say no work has been done for 90 days! I could scream. I have emailed;called and now filed complaints w/ my attorney general. I have a new lender ready to buy the note; but can't get anyone w/ authority at NCM on the phone! oh---NCM funded the fraudulent builder more than the draw budget allowed; and they take no responsibility.
by Anonymous From Springfield, OH on May 16, 2007

National City does seem to be a good company until you start to fall behind. They aren't willing to work with anyone to bring them payments current. When our house was just put into foreclosure, we were able to get over half of what their attorney told us we needed but when National City received the payment they sent it back to us saying that they couldn't accept a personal check (even though we have never bounced a check with them) and it wasn't for the full amount. My letter explained that we were more that willing to work out a repayment plan but I guess they need to drain the life out of anyone who is having problems and can't double their payments to catch up! At least when you get money from a loan shark, they let you know what you're getting into before you sign on the dotted line! I won't recommend NCM to anyone.
by Rebecca Kelly From Vida, OR on May 02, 2007

National City Mortgage set me up for failure and I don't appreciate it at all. I'm totally disabled becoming sick last Jan. That cut our income in half so I got behind on the house payment. I had asked this company before, twice a week at the least to work with a forbearance for us or a loan modification. After waiting six months I got the call this morning. They say all they can do is a repayment plan of 1350 dollars a month. My payment is normally 800 a month. I asked if I could make some form of payment with them while going through this process. Now they are saying that the house was not reaffirmed, what ever that means. I told them every call that I wanted to keep my house and National City Mortgage reassured me that I wouldn't, they could do a loan modification. They went as far as re-opening my bankruptcy. Then they let it go on for over six months stating it took that long to process the paperwork. BS They keep it open so they could set it up for them to get my house!!! Is this how they treat disabled people?? Why can't they do a loan modification?????????? I'd like to speak with someone from your office so as they can explain it to me. They kept it going just long enough, now two totally disabled people, myself and my son. SO why?????? Please call me or email me which ever you care to do. Matt Kick is the person that was working on my file. Why was I lied too??? I want this fixed ASAP, if not then I will be standing outside with a picket sign so other people don't get screwed like you have done us. Copy this to Peter Defazio's and one to Vicki Walker. I would like an explanation of why they do this to disabled people or the aged, or whomever..541-896-3446
by Michael Rawls From Indianapolis.

Thursday, September 30, 2010

3 Hardship packets, and I was rejected by National City Mortgage

I submitted a total of three(3) hardship packets, and I was rejected by National City Mortgage for a partial Claim, and a forbearance type of payment arrangements.
by Anonymous From Southaven.

by PT From Longmont, CO on June 05, 2009
This company convinced me to have my Chapter 13 bankruptcy dismissed so that they could re-negotiate my mortgage and then foreclosed us 9 days later. SIMPLY UNBELIEVABLE. Now my wife and 2 kids are looking for an apartment!!

lapse in my coverage... insurance bill was sent to the wrong address. I was in contact with NCMC during entire process. At no point was I informed they would charge me a "fee" of more than the actual policy until they started pulling it from my account. bad business practices. Do not deal with them.

I get the "poor service" comments. We are actually in good standing with NCM. When I called to do a re-fi with cash out, I got a GFE immediately, encouraging me to lock ASAP. However, when I tried to move forward, I did not hear back. Left two vm's and sent emails. Finally got a brief email explaining he was busy but would get back with me the next business afternoon. Next business afternoon came and went - late last night received another email telling me the re-fi would move forward ASAP. Asked for an updated GFE and have not heard back. I am so glad I found this website. After reading comments, we are going with another lender. NCM is losing our business and we have excellent dredit (by the grace of God) and an excellent payment history. The lack of communication is not acceptable - and I certainly don't want to risk the "cash out" payment to be held by NCM for 60m days! Thanks for all of your comments. Hopefully NCM won't read this and figure out who I am - sounds like they may lie about our payment history to discourage the next lender!

Wednesday, September 29, 2010

National City Mortgage has not been very good to deal with

National City Mortgage has not been very good to deal with. They will not take partial payments. Getting a person, not a machine, is almost impossibe. They kept my partial payment for two months before they returned it to me with a letter from their lawyers saying they were foreclosing on my home. I filed out a workout (hardship) packet and was contacted by their lawyers who basically told me they would would consider a repayment plan but they would need a down payment of at least 3,000-5,000 dollars to do so. If they had read my hardship packet, they could see I didn't have money for a down payment. Dealing with their lawyers is worse than dealing with them.

I'm currently working on my 3rd Hardship Packet with NCM. I've been denied twice advising the investor doesn't agree with modifying the terms. I've only been offered a repayment plan which would result in a higher payment of over $4k. I haven't made a payment in 11 months. I was served with the NOD in 1/09 with no sale date yet. I believe NCM hasn't received it's share of bail out money and is holding it's customers hostage until Washington pays out more.

National City is by far the worst company of any kind I have ever dealt with. They claim to be willing to help you but in reality they do not care. They wont take partial payments and the workout package is a joke. After speaking with them and giving them all the info they said I was pre approved for a loan modification as I showed a surplus of income. I called to find the status weekly and they said there was no update and it usually takes 2-4 weeks to complete but not to worry as a foreclosure sale date was not set yet. I called again after 5 weeks and got the same answer of still processing. Then, 2 days later, I get the letter in the mail saying that the loan mod was denied due to a deficit in income and my loan has been referred to an attorney for foreclosure and they will not talk to me about it anymore. I have to go thru their lawyer to get any info and that too is a joke. I have called their lawyer numerous time and left meny detailed messages with no return call. I am trying to save my house but NCM or their lawyers dont care. I really dont understand this. I would think they would rather get money from me than have to foreclose and then try to sell the house in a terrible market in Florida. They will lose money by foreclosing and that just doesnt make sense to me. My wife and I are devastated and no one cares. I would suggest that anyone considering NCM find another option if at all possible. These people plain and simply DO NOT CARE if you lose your home or not. Avoid this company at ALL costs.

Tuesday, September 28, 2010

Mortgage Market

This company needs to stand up and be accountable for the way they conduct business in the mortgage market. The loan I am reporting about is a home loan in which the only borrower is my husband. In December 2007 I contacted NCM to request a payment booklet on the loan since the December payment used the last coupon and the escrow amount would more than likely increase (property taxes & insurance premiums). I did not inquire about any information on the loan itself just simply requested a new payment booklet for the upcoming new year and I was rudely informed that they could not speak with me since my name was not listed on the loan. I explained to this rude customer service representative that I was not inquiring about the loan just requesting a payment booklet and could she please just make a note to get the booklet ordered for us, again she replied that she could not speak with me in reguards to this loan not even to request a new payment booklet. Jan 2008 still have no payment book so again I called and was giving the same response. Feb called again and was told the same thing. So I had been making the payments without a coupon and at the old payment amount. March same deal they could not speak with me. So I did not make a march payment in hopes they would contact my husband in reference to his missed payment and they did so only they contacted him on his company work phone and left an urgent message for him to return their call which he did when he returned home from work that same day, and during this call he requested a new payment booklet and had explained they we had been requesting this booklet since december 2007 and she indicated that there was no record of this request, he gave her verbal permission to speak with me and I gave her the exact dates and times in which I called and whom I had spoken with and she indicated they because I was not listed on the account that no notation would be made of the calls or the request but that she would put the order for a new payment booklet in immediately. So I in turn went a made another payment in March, April and May without coupons since the payment booklet never was received until June and it indicated that the payment has been reduced by 87 cents a month which was no big deal until the following days mail ran and I received a notice from the homeowners insurance company which we have had for the last 12 years indicating our home was no loger insured due to non- payment of premium, which I could not understand since we had an escrow account and this money had been collected the previous year for the payment of this expense. I contacted the insurance company to be informed they had infact sent 3 different notices to NCM on this premium due and they received no payment and no response. Calls to NCM were not returned so again I did not make a June, July, August payment hoping they would again call us since they would not return our call and we did not receive a call but we were tracked down by a process server at a property which my husband is the beneficiary to in another city than were we live to be served with foreclosure papers and here is the clincher I was also served with papers on this mortgage which my name does not even appear and it is my former name prior to the marriage of my husband which I have not used for over 19 years. We turned the documents over to our Attorney who contacted the Attorney representing NCM and he had no type of loan information and it took him until October 2008 to receive the documentation we requested from the bank and we were shocked to also receive a new payment booklet from NCM in October while this was already in court on foreclosure with payment amounts increasing from 720.90 a month to 795.00 a month so with this we are informed that NCM Attorney does not know why a new payment booklet was issued on a foreclosure but that the increase in payment was due to mortgage insurance premium and he forwarded a copy of the loan history and I would discover that they allowed the premium on the homeowners policy to lapse for failure to pay the $456 premium but a month later had picked up a homeowners policy from their company with a premium of $804 and that was why the increase in payments but took them 3 months to notify us. In October our Attorney had us go to the bank and attempt to make the missed monthly payments from June to October including late fees but on separate checks for each month which I did and even paid the November payment early and they did except all the payments no questions ask. The payments cleared my bank also. Both Attorney's were amazed that the bank accepted the payments and they continued to workout the remaining issues. NCM is slow about providing documents needed to get this resolved and numerous request with the court for the hearing dates to be extended have been filed. In March 2009 we are informed that the payments we have made since october 2008 to Feb 2009 have been setting in a suspense account and never applied to the loan. NCM wants the payments paid at the payment booklet amount which was set in Oct and not the June rate and they will recalculate the payment amount when the case is settled and we pay the Attorney fees the incurred to file the foreclosure. They are also adding additonal late fees which they want paid. I understand the error on my part of not making the payments without a payment booklet but I also feel they NCM were in error of not getting a payment booklet out when the first request was made due to the fact they could not speak with me on the loan then they also should not have the power to file or list me on a foreclosure. And then the error of not using the escrow money in the manner it was being paid to be used for is outrageous and then to let our policy lapse and to pickup a policy for double the premium they should be prosecuted for fraud on this matter. This information was not giving to the Attorney filing the foreclosure by NCM but was issured to him from our Attorney. Now a new problem has come up I am waiting to file my income tax return because NCM has not issued us a 1098 mortgage interest statement for 2008 and when checking with the Attorneys we have been told we need to get that from NCM on our own. Which we have spoken with them and have been informed that the only interest applied to the account was from the payments made Jan to May 2008 and the remaining payments are still in the suspense account and no principle or interes will be applied to the loan until the etire case is completed. But we need to continue making the increased payments until this is refigured.

Monday, September 20, 2010

Robbery of Bank of the West Branch in Oklahoma City

OKLAHOMA CITY—James E. Finch, Special Agent in Charge of the Federal Bureau of Investigation in Oklahoma, announced the robbery of the Bank of the West, 1600 S.W. 89th Street, Oklahoma City, Oklahoma.

At approximately 9:22 this morning, an unknown male entered the bank and showed the teller a note demanding money. The note also indicated the unknown male had a firearm but one was not seen. The robber gathered the money and exited the bank traveling on foot in an unknown direction. No one was injured in today’s robbery.

The robber was described as a Native American or Hispanic male, 5’9” to 6’0” tall, approximately 200 to 220 pounds, black hair with gray in it gathered in a ponytail. The robber wore a red in color baseball-style cap, blue jeans, and a dark colored T-shirt.

The robbery is being investigated by the FBI and the Oklahoma City Police Department.

Anyone with information regarding this robbery should contact the FBI at (405) 290-7770 (24-hour number). You may remain anonymous.

Tribal Cigarette Wholesaler Pleads Guilty to Obstruction of Justice

New York Company Pays $1 Million for False Declarations in Smoke Shop Forfeiture Case

A Perrysburg, New York company pleaded guilty and was sentenced last week in U.S. District Court in Seattle to obstruction of justice. The plea resolves criminal charges brought against the owner, Arthur Montour, and an agent, Peter Montour, of Native Wholesale Supply (NWS), a New York based cigarette supplier, in connection with a contraband cigarette scheme in the Western District of Washington. Under the terms of the plea agreement, the corporation NWS, will forfeit $1,000,000 to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

In the plea agreement, Native Wholesale Supply admits that it filed false information with the court in connection with a civil forfeiture action. The United States was seeking to forfeit more than $50,000 in proceeds of sales of contraband cigarettes. The cigarettes were purchased from Native Wholesale Supply, by the operators of the Blue Stilly Smoke Shop near Arlington, Washington. Native Wholesale Supply now admits information filed with the court claiming it had not done business with the Blue Stilly Smoke Shop was untrue.

Native Wholesale Supply is a corporation chartered under the laws of the Sac and Fox tribes of Oklahoma. The corporation sells tobacco products from its main offices on Seneca Nation Territory in upstate New York. As part of its sentence, NWS was placed on five years of probation, required to comply with all federal and state laws regarding any future importation of cigarettes into the State of Washington, and ordered to forfeit $1,000,000 to the AFT. In addition, under the terms of the plea agreement, NWS agrees not to contest a 30-day suspension of its importer’s permit by the Alcohol and Tobacco Tax and Trade Bureau (TTB).

On March 16, 2009, three members of the Stilliguamish Tribe were sentenced to prison for their scheme to profit by selling contraband cigarettes without paying the applicable Washington State tax. Edward Leverne Goodridge Sr., 60, and Edward Goodridge Jr., 33 both of Arlington, Washington, and Sara Lee Schroedl, 40, now of Prescott, Arizona, pleaded guilty in November 2008, to Conspiracy to Traffic in Contraband Cigarettes and Engaging in Monetary Transactions involving criminal proceeds. The three tribal members were on the tribal council when they set up a corporation to run the Blue Stilly Smoke Shop for their own personal profit. The Goodridges were each sentenced to 14 months in prison and 2 years of supervised release. Schroedl was sentenced to 8 months in prison and 2 years of supervised release.

Evidence gathered from the searches of Blue Stilly and various cigarette suppliers revealed that between March 2003, and May 2007, the Blue Stilly had ordered and illegally sold in excess of 1.8 million cartons of cigarettes and generated more than $55 million in revenues from the illegal sales of cigarettes. The four conspirators personally profited $15 million, which they used for their own benefit and did not pay any cigarette tax to the State of Washington. The $50,000 being sought for forfeiture represents payments made by the Blue Stilly Smoke Shop to Native Wholesale Supply.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the Internal Revenue Service Criminal Investigations (IRS-CI), and the Washington State Liquor Control Board. The case was prosecuted by Assistant United States Attorneys Mary K. Dimke, J. Mark Parrent, and Richard E. Cohen.

ATF National Response Team Activated to Investigate Cheyenne Motel Fire

CHEYENNE, Wyo. — The National Response Team (NRT) from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) along with agents from the ATF Denver Field Division have been activated by request from the Cheyenne Fire and Police Departments to investigate a fire involving the Hitching Post Inn, 1700 W. Lincolnway Avenue, Cheyenne, Wyoming. The fire occurred on Sept. 15. The team is led by Denver Field Division (FD) Assistant Special Agent in Charge (SAC) Doug Dawson and Acting Team Supervisor Nicholas Leathers, Arson and Explosives Programs Division (AEPD). The NRT will conduct an assessment of the fire scene and formulate an investigative plan with state and local investigators.

Marvin Richardson, special agent in charge, ATF Denver Field Division, said the estimated loss of the structures is in excess of $2 million. This is the first deployment of the NRT to Wyoming.

ATF’s NRT has brought definitive expertise and an array of state-of-the-art equipment to the investigation of major fire incidents since 1978. Since its inception, the NRT has partnered with federal, state and local investigators in meeting the challenges faced at these significant fire scenes. Investigators from the Cheyenne Fire Department, as well as the Cheyenne Police Department, will jointly investigate with the NRT. The NRT works alongside its partners in reconstructing the scene, identifying the origin of the fire, conducting interviews, and sifting through debris to obtain evidence related to the fire. This is the 26th NRT activation in fiscal year 2010.

The NRT is organized into three geographic regions covering the United States. The team can respond within 24 hours to work jointly with state and local law enforcement/fire service personnel in onsite investigations. In addition to investigating hundreds of large fire scenes, the NRT has also been activated to scenes such as the 1993 World Trade Center bombing, the Oklahoma City Murrah Federal Building bombing and the 9/11 Pentagon crash site, as well as explosions at explosives and ammunition manufacturing plants, legal fireworks factories and illegal explosive device manufacturing operations. The NRT is also deployed to support the safety and security of major sporting events in the United States, presidential inaugurations, national political conventions and major international conferences. Since its inception, the NRT has been activated more than 700 times.

The responding NRT component typically has 13 to 18 members, including veteran special agents who have post blast and fire origin-and-cause expertise; forensic chemists; explosives enforcement officers; fire protection engineers; accelerant detection canines; explosives detection canines; intelligence support, computer forensic support and forensic audit support. Further complementing the team’s efforts are technical, legal and intelligence advisors. A fleet of fully equipped response vehicles strategically located throughout the United States provides logistical support.

ATF is the federal agency with jurisdiction for investigating fires and crimes of arson. More information on ATF can be found at http://www.atf.gov/.

Sunday, September 19, 2010

Asset Forfeiture Auction Information, Updated September 17, 2010

A General List of Auctions in September 2010 - This link will take you to a non-government website with specific information on forfeited assets that are schedule for auction by Bid4Assets, an authorized contractor that auctions forfeited property for the U.S. Marshals Service.

Greensboro, NC - 5.78 +/- Acres of Vacant Residential Land
Minimum Bid: $42,900
Auction Dates: September 20, 2010 - September 22, 2010

Granite City, IL - .2088 +/- Acres of Vacant Land
Minimum Bid: $13,650
Auction Dates: September 20, 2010 - September 22, 2010

Candler, NC - .78 +/- Acres of Vacant Land
Minimum Bid: $5,000
Auction Dates: September 21, 2010 - September 23, 2010

Roy, WA - 5.08 +/- Acres of Vacant Land
Minimum Bid: $65,000
Auction Dates: September 21, 2010 - September 23, 2010

2000 Mercedes SL Class SL500
Minimum Bid: $7,050
Auction Dates: September 27, 2010 - September 29, 2010

2007 Buick Lucerne CX
Minimum Bid: $6,050
Auction Dates: September 27, 2010 - September 29, 2010

Williamsville, NY - Single Family Home
Minimum Bid: $126,750
Auction Dates: September 27, 2010 - September 29, 2010

2002 Infiniti Q-45
Minimum Bid: $5,650
Auction Dates: September 27, 2010 - September 29, 2010

Trion, GA -
92 West Halls Valley Road
Minimum Bid: $10,000
Auction Dates: September 28, 2010 - September 30, 2010

2003 BMW 745Li Sedan
Minimum Bid: $11,400
Auction Dates: September 28, 2010 - September 30, 2010

2009 Honda Pilot EX-L
4 Wheel Drive
Minimum Bid: $13,300
Auction Dates: September 28, 2010 - September 30, 2010

2006 Buick Lucerne CXS
Minimum Bid: $6,025
Auction Dates: September 28, 2010 - September 30, 2010

DryFork, WV - 7 +/- Acres of Land with Structures
Minimum Bid: $17,500
Auction Dates: October 04, 2010 - October 6, 2010

Trion, GA - Single Family Residence
Minimum Bid: $10,000
Auction Dates: September 29, 2010 - September 30, 2010

Rock Falls, IL - 801 Avenue A
Minimum Bid: $5,000
Auction Dates: October 04, 2010 - October 6, 2010

Rock Falls, IL - 606 Avenue C
Minimum Bid: $26,650
Auction Dates: October 05, 2010 - October 7, 2010

Grover, NC -
116 Meadow Lark Lane
Minimum Bid: $1,500
Auction Dates: October 11, 2010 - October 13, 2010

Canton, NC - 8.47 +/- Acres of Land
Minimum Bid: $39,100
Auction Dates: October 11, 2010 - October 13, 2010

Forest Park, GA - Single Family Residence
Minimum Bid: $10,000
Auction Dates: October 11, 2010 - October 13, 2010

Friday, September 17, 2010

OPERATION MONEY FISH: Florida Mafia Crew Dismantled

In Operation Money Fish, the Bonanno crew manufactured counterfeit payroll checks.

Members of the New York-based Bonanno crime family were making millions of dollars in South Florida cashing counterfeit checks, running telemarketing scams, defrauding Medicare, and stealing and selling people’s identities. But when they hooked up with a shady businessman to help them launder all that money, they got more than they bargained for.

The businessman with supposed connections in the banking industry was really one of our undercover agents, and he infiltrated the mafia crew for nearly a year. The evidence he gathered, along with intercepted phone calls and other electronic surveillance, was enough to put the entire 11-member operation out of business and behind bars.
  
“The mafia has always been in South Florida,” our agent explained. “Each of New York’s five families has crews that operate here. They make a lot of money and send part of it back to the main guys up north.”

The Bonanno family’s criminal enterprise in South Florida—led by Tommy Fiore, the nephew of reputed Bonanno capo Gerry Chili—was wide ranging. In addition to the scams mentioned above, the crew also participated in arson, extortion, drug trafficking, and buying and selling stolen cigarettes, TVs, and other ill-gotten goods.

Operation Money Fish began in the summer of 2008, when our agent—who was known as Dave Stone—met Fiore. The Bonanno crew was manufacturing counterfeit payroll checks from large companies and needed help cashing them. They would copy a legitimate check, change the account numbers and the amount, and get Dave Stone to use his banking connections to turn the bad paper into cash. Dave and the crew then split the profits. (In reality, since we controlled the operation, no businesses were actually defrauded.)

The crew’s most lucrative scam, though, came from “boiler rooms”—bogus telemarketing operations that are rampant in South Florida. A dozen people working the phones out of someone’s condo can generate big profits. A popular pitch now involves the resale of time share properties. The criminal telemarketers claim they will help people resell their time share, or the fee charged will be refunded in full. Unsuspecting victims on the other end of the line—mostly older people unable to sell the properties on their own—send in the $5,000 or $6,000 fee, and that’s the last they ever see of their money. No services are rendered, and none were ever intended to be.

With the overwhelming evidence against them, the Bonanno crew all pled guilty to racketeering and other charges. “It was a good feeling to bring these guys down,” our undercover agent said. “They were getting away with a lot of crimes. There’s no telling how many people they had hurt or swindled before we got involved.”

But “Dave Stone” and his colleagues on the FBI’s organized crime squads understand that while you can disrupt the mafia’s activities in South Florida and elsewhere, it’s only a matter of time before the bosses in New York establish other crews.

“Absolutely they will try to start up again,” the agent said. “The Bonanno family in New York—like the other families—has to have somebody down here making money because the guys at the top don’t do anything. They rely on the crews to support them. But if they do show up again,” he said, “we will be ready.”

Former Nexus Technologies Inc. Employees and Partner Sentenced for Roles in Foreign Bribery Scheme Involving Vietnamese Officials

Company Ordered to Turn Over Assets to Court, Cease All Operations

WASHINGTON—Three former employees and a partner of Nexus Technologies Inc. (Nexus), a Philadelphia-based company, were sentenced late yesterday for their roles in a conspiracy to bribe officials of the Vietnamese government in exchange for lucrative contracts to supply equipment and technology to Vietnamese government agencies, in violation of the Foreign Corrupt Practices Act (FCPA), announced Assistant Attorney General Lanny A. Breuer of the Criminal Division and U.S. Attorney Zane David Memeger for the Eastern District of Pennsylvania.

The president and owner of the company, Nam Nguyen, was sentenced to 16 months in prison and ordered to serve two years of supervised release following the prison term. His sibling, An Nguyen, was sentenced to nine months in prison, followed by three years of supervised release. His other sibling, Kim Nguyen, was sentenced to two years of probation and ordered to pay a $20,000 fine. Joseph Lukas, a former partner with Nexus, also was sentenced to two years of probation and ordered to pay a $1,000 fine.

Nexus; Nam Nguyen, 54, of Houston and Vietnam; Kim Nguyen, 41, of Philadelphia; and An Nguyen, 34, of Philadelphia, were charged in a superseding indictment on Oct. 30, 2009, with conspiracy, violations of the FCPA, violations of the Travel Act in connection with commercial bribes, and money laundering. Nexus pleaded guilty on March 16, 2010, to all the charges filed against the company in the superseding indictment, and agreed to cease operations and dissolve.

Nam and An Nguyen pleaded guilty on March 16, 2010, to conspiracy, substantive FCPA violations, violating the Travel Act and money laundering. Kim Nguyen pleaded guilty on March 16, 2010, to conspiracy, substantive FCPA violations and money laundering. Lukas pleaded guilty on June 29, 2009, to conspiracy and to violating the FCPA.

According to court documents, Nexus was a privately-owned export company that identified U.S. vendors for contracts opened for bid by the Vietnamese government and other companies operating in Vietnam to purchase a wide variety of equipment and technology, including underwater mapping equipment, bomb containment equipment, helicopter parts, chemical detectors, satellite communication parts and air tracking systems. Nam Nguyen negotiated the contracts and bribes with the Vietnamese government agencies and employees. Kim Nguyen, vice president of the company, oversaw the U.S. operations and handled finances. An Nguyen identified U.S. vendors to supply the goods needed to fulfill the contracts.

In connection with the guilty pleas, Nexus and the Nguyens admitted that from 1999 to 2008 they agreed to pay, and knowingly paid, bribes to Vietnamese government officials in exchange for contracts with the agencies and companies for which the bribe recipients worked. The bribes were falsely described as “commissions” in the company’s records. In pleading guilty, the corporation, Nexus, also acknowledged that it operated primarily through criminal means and agreed to cease operations.

The case was prosecuted by Trial Attorney Kathleen M Hamann of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Jennifer Arbittier Williams for the Eastern District of Pennsylvania. The case was investigated by the Philadelphia, Newark, N.J., and Houston field offices of the FBI and the U.S. Department of Commerce, Office of Export Enforcement.

The Justice Department acknowledges and expresses its appreciation for the assistance provided by the authorities of the Independent Commission Against Corruption of the Hong Kong Special Administrative Region.

Shelton Developer Sentenced to Six Years in Federal Prison for Corruption, Currency Structuring Offenses

The United States Attorney’s Office for the District of Connecticut announced that JAMES BOTTI, 47, of Shelton, was sentenced today by Senior United States District Judge Charles S. Haight in New Haven to 72 months of imprisonment, followed by three years of supervised release, for public corruption and currency structuring offenses. Judge Haight also ordered BOTTI to pay a fine in the amount of $25,000.

On April 1, 2010, a federal jury found BOTTI guilty of one count of mail fraud. According to the evidence presented during the trial, BOTTI used the U.S. Mail to execute a scheme to defraud the citizens of Shelton of the honest services of its public officials relating to a project that BOTTI was developing at
828 Bridgeport Avenue
in Shelton. The project was approved by the Shelton Planning and Zoning Commission on June 20, 2006. On June 28, 2006, the Shelton Planning and Commission mailed a letter of approval to BOTTI’s attorney, which notified BOTTI that the Commission had approved the
828 Bridgeport Avenue
project.

The jury was deadlocked on two additional counts in the indictment on which BOTTI was tried, conspiracy to defraud and bribery of a public official. The court declared a mistrial relating to those counts.

On November 10, 2009, another federal jury found BOTTI guilty of one count of conspiracy to structure cash transactions and one count of structuring cash transactions. The jury found BOTTI not guilty of two counts of making false statements to the Internal Revenue Service - Criminal Investigation.

According to the evidence presented during the trial, BOTTI conspired with his father, Peter C. Botti, to structure cash deposits in order to hide the existence of a large amount of BOTTI’s cash from the IRS and federal law enforcement authorities.

Federal law requires all financial institutions to file a Currency Transaction Report (CTR) for currency transactions that exceed $10,000. To evade the filing of a CTR, individuals will often structure their currency transactions so that no single transaction exceeds $10,000. Structuring involves the repeated depositing or withdrawal of amounts of cash less than the $10,000 limit, or the splitting of a cash transaction that exceeds $10,000 into smaller cash transactions in an effort to avoid the reporting requirements. Even if the deposited funds are derived from a legitimate means, financial transactions conducted in this manner are still in violation of federal criminal law.

>From approximately June 2006 through January 2007, JAMES BOTTI, or Peter Botti at JAMES BOTTI’s direction, made numerous deposits of cash in amounts less than $10,001 at various financial institutions in order to evade the requirement that financial institutions file CTRs. The cash was deposited into bank accounts in the name of either JAMES BOTTI or Peter Botti. The cash that was deposited into Peter Botti’s accounts was distributed by check for the benefit of JAMES BOTTI, to an account controlled by BOTTI, or to a person associated with JAMES BOTTI. In addition, JAMES BOTTI structured large cash payments to a credit card company.

As a result of his conviction of these currency structuring offenses, BOTTI was ordered to forfeit $120,500 to the government.

Today, Judge Haight ordered BOTTI to serve 72 months of imprisonment on the mail fraud conviction, and concurrent 60-month terms of imprisonment on each of the two structuring convictions.

On June 1, 2009, Peter C. Botti pleaded guilty to one count of structuring cash transactions. He awaits sentencing.

This matter is being investigated by the Federal Bureau of Investigation and the Internal Revenue Service - Criminal Investigation. The case is being prosecuted by Senior Litigation Counsel Richard J. Schechter and Assistant United States Attorney Rahul Kale.

Sales Agent for A&O Entities in Richmond Pleads Guilty to Misleading Investors

RICHMOND, VA—Tomme Bromseth, 68, of Blackstone, Va., pleaded guilty today to mail fraud and structuring financial transactions to evade reporting requirements in conjunction with his role as a sales agent for A&O Life Funds and various related A&O entities.

U.S. Attorney for the Eastern District of Virginia Neil H. MacBride and Assistant Attorney General Lanny A. Breuer of the Criminal Division made the announcement after the plea was accepted by United States Magistrate Judge Dennis W. Dohnal.

Bromseth waived indictment and pleaded guilty to a criminal information alleging one count of mail fraud and and one count of structuring financial transactions to evade reporting requirements. Bromseth faces a maximum penalty of 20 years in prison for the mail fraud charge and a maximum term of five years in prison for the structuring charge.

According to court documents, Bromseth admitted to making misrepresentations about the risks associated with A&O investments, as well as his qualifications to sell such investments. Bromseth sold over $3 million in A&O products to 15 investors between July 2006 and November 2007.

This continuing investigation is being conducted by the U.S. Postal Inspection Service, Internal Revenue Service, and FBI, with significant assistance from the Texas State Securities Board. These cases are being prosecuted by Assistant U.S. Attorneys Michael S. Dry and Jessica Aber Brumberg from the Eastern District of Virginia and Trial Attorney Albert B. Stieglitz Jr., of the Criminal Division’s Fraud Section.

The investigation has been coordinated by the Virginia Financial and Securities Fraud Task Force, an unprecedented partnership between criminal investigators and civil regulators to investigate and prosecute complex financial fraud cases in the nation and in Virginia. The task force is an investigative arm of the President’s Financial Fraud Enforcement Task Force, an interagency national task force.

President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.

Justice Department Settles Allegations of Disability Discrimination Against City of Satsuma, Alabama

WASHINGTON – The Justice Department today settled a lawsuit against the city of Satsuma, Ala., and the city’s Board of Adjustment, alleging housing discrimination against individuals with disabilities.   This lawsuit is part of the Justice Department’s continuing effort to enforce civil rights laws that require states and municipalities to end discrimination against, and unnecessary segregation of, persons with disabilities.

Under the consent decree, which was approved by the U.S. District Court for the Southern District of Alabama on Sept.16, 2010, the city agreed to pay $59,000 in damages to the operator of a group home for three women with intellectual disabilities and the trustees of the three residents, as well as a $5,500 civil penalty to the government.   As part of the settlement, the city also adopted amendments to its zoning laws.

“Americans with disabilities – like all Americans – have a right to live within their communities without facing discrimination,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.   “This comprehensive settlement compensates the individuals who were harmed and will prevent future housing discrimination against the city’s most vulnerable citizens.”

“Enforcing the nation’s housing discrimination laws is a top priority of the United States Attorneys Office for the Southern District of Alabama,” said Kenyen Brown, U.S. Attorney for the Southern District of Alabama.   “This settlement is not only significant for the plaintiffs in this case, but this entire region.   The terms of the settlement have created a model approach that can help prevent the kind of discrimination witnessed in this case.”

The government’s amended complaint alleged that city officials violated the federal Fair Housing Act when they refused to allow Pamela Williams to operate a single-family home for three adults with intellectual disabilities in a residential neighborhood of the city, despite the fact that the city’s zoning ordinance allows up to five unrelated persons to live together in the residential zone.   The group home residents previously resided at the now closed Albert P. Brewer Development Center, a large state-managed institution.   In Satsuma, the three women shared living space and common facilities and received professional supportive services in a home regulated by the state of Alabama.

According to the complaint, city officials told Ms. Williams that she could not operate the for-profit group home for residents with disabilities in the residential neighborhood without a business license, but city policy prohibited the issuance of business licenses for such homes in residential zones.   The lawsuit also alleged that city officials refused to make a reasonable accommodation in the city’s rules, policies, practices or services that were necessary to afford the residents an opportunity to use and enjoy their home, as required by the Fair Housing Act.  

The consent decree requires that the city maintain records relating to future proposals for housing for persons with disabilities, submit periodic reports to the Justice Department for a period of four years, and ensure that certain employees undergo training on the requirements of the Fair Housing Act.   In accordance with the decree, the city also adopted amendments to its zoning ordinance and business license law that:

•Establish a reasonable accommodation policy by which a resident with a disability, or a housing provider on behalf of a resident with a disability, may seek a reasonable accommodation from the city;
•Modify the zoning ordinance’s definition of “family” to expressly provide that persons with disabilities, including residents of group homes, will not be excluded from the definition, regardless of whether the group home is for-profit or non-profit;
•Require city officials to issue a business license when it is necessary to effectuate reasonable accommodations under the city’s new policy; and
•Include a category for “group homes” in the city’s business license law.

The case began when Ms. Williams and the three residents of the group home filed complaints with the Department of Housing and Urban Development (HUD).   HUD referred the complaints to the Justice Department, which conducted an investigation and filed the lawsuit in May 2008.

Fighting illegal housing discrimination is a top priority of the Justice Department.   The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability.   Persons who believe they have experienced or witnessed unlawful housing discrimination may call the Housing Discrimination Tip Line at 1-800-896-7743, e-mail the Justice Department at fairhousing@usdoj.gov, or contact HUD at 1-800-669-9777.   More information about the Fair Housing Act can also be found at www.justice.gov/crt/housing/fairhousing or www.hud.gov/fairhousing.

New Jersey Man Charged in $1.8 Million Bank Fraud Scheme

An indictment was unsealed today against Brian Geller charging a multi-year bank fraud scheme that netted him over $1.8 million between the summer of 2005 and the summer of 2009, announced United States Attorney Zane David Memeger. Geller was also charged with engaging in transactions over $10,000 with the proceeds of the fraud.

The 22-count indictment charges that Geller, while an employee of JPMorgan Chase Services, manipulated JPMorgan Chase Bank’s internal books and records and caused the Bank to wire transfer to his account, to accounts of his family, and to accounts in which his life partner had right, title, interest or control. The indictment claims that among the wire transfers of funds was one in 2005 for over $499,500, one in 2008 for $583,444.99, and one in 2009 for another $583,444.99.

INFORMATION REGARDING THE DEFENDANT
NAME: Brian Geller
ADDRESS: Sewell, New Jersey
AGE OR YEAR OF BIRTH: 1978

If convicted, Geller faces a statutory maximum possible sentence of 240 years in prison, a fine of $6.25 million, $2,200 in special assessments, and up to five years’ supervised release.

The case was investigated by the FBI is being prosecuted by Assistant United States Attorney Pamela Foa.

4 indicted in Washington, D.C. for MS-13 gang activities

WASHINGTON - Three alleged members and associates of the MS-13 gang have been indicted for various violent crimes stemming from a home invasion last year in the District of Columbia in which several persons were held at gunpoint. A fourth alleged member has been indicted for subsequent efforts to threaten potential witnesses in the case.

The indictment was returned Thursday, Sept. 16, 2010, in the U.S. District Court for the District of Columbia and announced by Assistant Attorney General Lanny A. Breuer of the Criminal Division, U.S. Immigration and Customs Enforcement (ICE) Director John Morton, U.S. Attorney Ronald C. Machen Jr., John P. Torres, Special Agent in Charge of the ICE Office of Homeland Security Investigations (HSI) in Washington, D.C., and Cathy L. Lanier, chief of the Metropolitan Police Department (MPD).

The indictment names Carlos M. Silva, Omar R. Aguilar, Wilfredo Mejia and Henry Sarba. The defendants previously were charged in the Superior Court of the District of Columbia, based on an investigation by ICE agents and MPD. The indictment broadens the case to reflect the serious nature of the violent gang activity that is represented in the new charges and effectively transfers the case to the U.S. District Court.

According to the indictment, Silva, Aguilar and Mejia invaded an apartment in Washington, D.C., on Dec. 11, 2009, and held five occupants at gunpoint. The indictment alleges that the purpose of the invasion was an apparent effort to steal funds from the victims to support the gang's activities. According to the indictment, a female occupant was sexually assaulted during the attack.

Silva, 28, Aguilar 20, and Mejia, 25, subsequently were arrested and originally charged in D.C. Superior Court. Sarba, 20, allegedly began calling potential witnesses sometime after the arrests and made threats.

The indictment charges Silva, Aguilar and Mejia with kidnapping in aid of racketeering, assault with a deadly weapon in aid of racketeering, weapons offenses, and other charges. Silva also is charged with assault with intent to commit first degree sexual abuse while armed and third degree sexual abuse. Sarba was indicted on charges including accessory after the fact, obstructing justice and threatening to injure or kidnap a person.

The indictment states that MS-13 is a racketeering enterprise that constitutes one of the largest street gangs in the United States. MS-13 is a national and international criminal organization, and its members have been found responsible for murders, narcotics distribution and other crimes, the indictment states. The charges carry significant penalties. The statutory penalty for kidnapping in aid of racketeering, for example is 30 years.

"Investigating and prosecuting violent gangs is among the highest priorities of the Department of Justice," said Assistant Attorney General Breuer. "We will not allow violent criminal organizations like MS-13 to terrorize our neighborhoods and communities. The Criminal Division is committed to working with its law enforcement partners to ensure that members of these organizations are brought to justice."

"MS-13 is an extremely violent criminal organization that operates in at least 20 states and the District of Columbia, as well as in Mexico, Honduras, Guatemala and El Salvador," U.S. Attorney Machen stated. "This indictment shows our determination to dismantle MS-13 and other violent gangs that threaten our community. I would like to commend the hard-working men and women who worked on this case, particularly the agents from ICE and the members of the Metropolitan Police Department."

"This indictment demonstrates the resolve of Homeland Security Investigations to aggressively pursue transnational criminal gangs like MS-13," said ICE Director Morton. "We will work with our law enforcement partners to make our communities safer by targeting criminal gang members for prosecution."

"This is the third major indictment in the last week that has involved gangs or drugs," said MPD Chief Lanier. "The message to gang members and other criminals should be clear. We will not tolerate this violence and intimidation in our city."

-- ICE --

12 arrested in ICE-led, multi-agency anti-gang operation

Actions part of agency's national gang enforcement effort -- Operation Community Shield
                       
SANTA MARIA, Calif. - Twelve Mexican nationals with ties to a violent street gang in Santa Maria, Calif., are facing federal criminal charges or deportation following an enforcement operation involving U.S. Immigration and Customs Enforcement's (ICE) Office of Homeland Security Investigations (HSI) and several local law enforcement agencies, including the Santa Maria Police Department.

The arrests are the culmination of a two-month investigation targeting members of the
West Park SureƱos street
gang carried out as part of ICE HSI's ongoing national anti-gang initiative Operation Community Shield. Under this initiative, ICE HSI partners with other federal, state and local law enforcement agencies across the country to target the significant public safety threat posed by transnational street gangs.

In addition to the Santa Maria Police Department, ICE received substantial assistance with the operation from the police departments in Lompoc and Guadalupe; the Santa Barbara and San Luis Obispo county sheriff's departments; the Santa Barbara District Attorney's Office; the Santa Barbara County Probation Department; California State Probation and Parole; the FBI; and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The 11 men and one woman arrested as part of the enforcement action all have criminal histories, including prior arrests and convictions on charges ranging from drug and weapons violations to robbery and domestic violence. With one exception, they were taken into custody over the course of the last two days.

The exception, Jose Diaz-Diaz, was arrested Sept. 7 at his Santa Maria residence. The previously deported Mexican national, whose criminal record includes past convictions for assault with a deadly weapon and obstructing a peace officer, is being prosecuted for re-entry after deportation, a federal felony violation that carries a maximum penalty of up to 20 years in prison.

While Diaz-Diaz faces criminal charges, the other individuals arrested during the operation were taken into custody on administrative immigration violations. They will be detained by ICE and scheduled for a deportation hearing before an immigration judge.

"This operation shows our shared resolve to fight back against the street gangs that are threatening our neighborhoods," said David Wales, resident agent in charge of the ICE HSI Office that oversees the agency's operations in Santa Barbara County. "For too long, street gangs here and elsewhere have used violence and intimidation to hold communities hostage to fear. As this operation makes clear, now it's the gang members who should be afraid."

"I want to express my appreciation to all of the agencies involved in this operation, particularly Homeland Security Investigations," said Santa Maria Chief of Police Danny Macagni. "By pooling our resources, intelligence and expertise, we've taken a number of dangerous individuals off of our streets and helped make this a safer environment for everyone."

Since Operation Community Shield began in February 2005, ICE agents have arrested more than 18,900 gang members and gang associates nationwide. That figure includes nearly 400 individuals arrested this fiscal year alone in the seven-county ICE HSI jurisdiction that encompasses the Santa Maria area.

Under Operation Community Shield, ICE HSI is using its powerful immigration and customs authorities in a coordinated, national campaign against criminal street gangs across the country. As part of the effort, HSI's National Gang Unit identifies violent street gangs and develops intelligence on their membership, associates, criminal activities and international movements to deter, disrupt and dismantle gang operations.

Transnational street
gangs have significant numbers of foreign-born members and are frequently involved in human and contraband smuggling, immigration violations and other crimes with a connection to the border.

To report suspicious activity, call ICE's 24-hour toll-free hotline at: 1-866-347-2423 or visit www.ice.gov.

-- ICE --

Owner of North Attleboro Seafood Dealer Pleads Guilty to $7 Million Bank Fraud

BOSTON, MA—The owner of Ocean Fresh Seafood, Inc. was convicted in federal court late yesterday of engaging in a scheme to defraud Wells Fargo Business Credit, Inc., a division of Wells Fargo Bank NA, of at least $7 million.

United States Attorney Carmen M. Ortiz; Richard DesLauriers, Special Agent in Charge of the Federal Bureau of Investigation - Boston Field Division; and William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation - Boston Field Office announced that ROBERT COUTU, 59, of Cumberland, Rhode Island pleaded guilty before U.S. District Judge Nancy Gertner to conspiracy to commit bank fraud, bank fraud, and money laundering.

At the plea hearing, the prosecutor told the court that Coutu was the owner of Ocean Fresh Seafood, Inc., headquartered in North Attleboro, when he orchestrated a scheme to defraud Wells Fargo. Since 2002, Wells Fargo had extended a line of credit to Ocean Fresh, secured by Ocean Fresh’s accounts receivable and inventory. Coutu, with the assistance of other Ocean Fresh employees, falsely inflated Ocean Fresh’s receivables and inventory balances in order to borrow millions of dollars more than his actual business activity would have permitted. To accomplish the scheme Coutu, and others, created false invoices and wired funds from Ocean Fresh’s bank account to accounts managed by affiliates and friends of Coutu to give the appearance that Ocean Fresh was buying and selling much more product than it actually was. Ocean Fresh’s former Controllers, Christopher Day and Cynthia Larose were indicted for conspiracy to commit bank fraud, along with Coutu. Larose has pleaded guilty and is awaiting sentencing. Day is awaiting trial.

Judge Gertner scheduled the sentencing hearing for January 19, 2011. Coutu faces up to 30 years’ imprisonment, to be followed by five years’ supervised release and a $1 million fine on the bank fraud charge; up to 10 years' imprisonment, to be followed by three years’ supervised release and a $250,000 fine on the money laundering charges; and five years’ imprisonment, three years’ supervised release and a $250,000 fine on the conspiracy charge.

This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service’s Criminal Investigation. It is being prosecuted by Assistant U.S. Attorneys Sarah E. Walters and Vassili N. Thomadakis of Ortiz’s Economic Crimes Unit.

Former Wethersfield Resident Admits Operating $100 Million Ponzi Scheme

David B. Fein, United States Attorney for the District of Connecticut, and Kimberly K. Mertz, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, announced that MICHAEL S. GOLDBERG, 39, formerly of Wethersfield, waived his right to indictment and pleaded guilty today before United States Magistrate Judge Holly B. Fitzsimmons in Bridgeport to three counts of wire fraud stemming from his operation of a $100 million “Ponzi” scheme that defrauded investors of more than $30 million over an approximately 12-year period.

“For 12 years, this defendant lured hundreds of investors with one false promise after another, the end result being financial misery for many of them,” stated U.S. Attorney Fein. “The U.S. Attorney’s office is committed to investigating financial fraud crimes, seeking appropriate prison terms and securing restitution for victims.”

“Michael Goldberg’s actions have devastated the financial security of hundreds of innocent investors,” stated FBI Special Agent in Charge Mertz. “The FBI, along with our law enforcement and regulatory partners will continue to police the actions of those preying upon the investing public.”

According to court documents and statements made in court, from approximately 1997 to November 2009, GOLDBERG devised and executed a scheme to defraud numerous investors by soliciting millions of dollars of funds under false pretenses, failing to invest the investors’ funds as promised, paying existing investors with new investors’ money, and misappropriating and converting investors’ funds to GOLDBERG’s own benefit and the benefit of others without the knowledge or authorization of the investors. Initially, GOLDBERG transacted with investors in his own name. Beginning in September 2005, GOLDBERG received investments through Michael S. Goldberg, LLC, which at times did business as Acquisitions Unlimited Group.

GOLDBERG’s scheme to defraud investors involved principally two different types of misrepresentations. First, GOLDBERG solicited individuals to invest money in “diamond contracts.” In order to induce individuals to invest money, GOLDBERG represented that he would use investors’ money to purchase diamonds at extremely low prices from vendors in New York City, and that he would then resell those diamonds immediately at a substantial profit. GOLDBERG represented that the profits from the resale of the diamonds would enable him to pay investors a 20 to 25 percent return on investment every 60 to 90 days.

However, the vast majority of GOLDBERG’s fraud involved his solicitation of individuals and organizations to invest money in the purchase of distressed assets from JP Morgan Chase Bank (“Chase”). GOLDBERG falsely represented to potential investors in these “Chase asset deals” that Chase had granted him a contractual right to purchase foreclosed and seized business assets from a Chase Foreclosure Manifest, which he would then resell in prearranged transactions to large, well-known corporations. GOLDBERG represented that his purchase and resale of these foreclosed assets would enable him to pay investors a return on capital of up to 20 percent in a short period of time, typically 90 days. In addition, GOLDBERG represented that Chase would refund the purchase price of any asset that could not be resold, and that therefore there was no risk to the investor that any principal investment would be lost.

In order to induce individuals to invest in both diamond contracts and Chase asset deals, GOLDBERG typically drafted and entered into a “Business Investment Agreement Form” with each investor. In these forms, GOLDBERG set out the terms of the investment, including the amount of the return on capital and the date the return was to be paid. In many of the agreements, GOLDBERG indicated that he would be responsible for the payment of all taxes, and also included language explaining the risk-free nature of the investment.

As part of his scheme to defraud the investors, GOLDBERG also compensated other individuals (“feeders”) for locating new investors, primarily in Chase asset deals, through the payment of a “finder’s fee.”

Through this scheme, GOLDBERG induced more than 350 individuals to invest more than $100 million in diamond contracts and Chase asset deals. Certain investors have lost a total of more than $30 million as a result of the scheme.

In pleading guilty today, GOLDBERG admitted that each and every one of his representations were false.  Aside from a brief period in 1997, he did not purchase diamonds in New York City or any other location; he did not have any relationship with Chase; he did not purchase any foreclosed and seized assets from Chase; nor did he resell any foreclosed and seized assets. GOLDBERG paid the promised returns to existing investors with funds he received from new investors or reinvested funds. When an investor questioned GOLDBERG about his business relationships, either with Chase or with any other company, he often created false documents and other items to induce investors to believe that his business relationships were legitimate, including inventories and/or manifests, contracts, business checks, bank statements, business cards, and company identification cards. GOLDBERG also created domain names in the names of actual companies, including Chase, that would be listed on false documents in case an investor attempted to verify the authenticity of the documents. In addition, GOLDBERG opened actual bank accounts in the names of the companies to whom he purported to be selling foreclosed business assets, without the permission of those companies, that could also be used to create the false impression that he had a business relationship with the companies.

GOLDBERG is scheduled to be sentenced by United States District Judge Janet C. Hall on December 2, 2010, at which time GOLDBERG faces a maximum term of imprisonment of 60 years. GOLDBERG also will be ordered to pay restitution of at least $30 million. GOLDBERG is involved in two Chapter 7 bankruptcy proceedings that are currently pending the United States Bankruptcy Court in Hartford. A bankruptcy trustee has been appointed for the purpose of paying the creditors of the bankruptcy estate pursuant to orders of the United States Bankruptcy Court. Pursuant to the plea agreement entered into by GOLDBERG, the bankruptcy trustee will be the vehicle through which restitution is made to the victims of GOLDBERG’s scheme.

GOLDBERG voluntary disclosed his scheme to federal authorities in November 2009 and presented a check to the government consisting of $500,000 of investors’ money. He has been released on a $1 million bond since his arrest on November 23, 2009.

This matter is being investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney David E. Novick.

This law enforcement action is part of the work being done by President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes. For more information on the task force, visit StopFraud.gov.
Get Paid To Promote, Get Paid To Popup, Get Paid Display Banner