South Carolina mortgage fraud system - SC reviews for criminal lawyers, lawyers and law firms

Mortgage fraud is a problem that has reached a fashion rate in the United States (USA) and South Carolina (SC) in general. White-collar practitioners need to recognize that mortgage fraud is generally being investigated by the US Federal Bureau of Investigation (FBI), but other organizations regularly recruit FBI. Other federal agencies investigating mortgage fraud crimes for criminal prosecution include IRS-CID, US Postal Inspection Service (USPIS), US Secret Service (USSS) (HUD - OIG), the Federal Deposit Insurance Corporation (FDIC - OIG) office, the US Food and Drug Administration (FDA), the US Food and Drug Administration (DVA - OIG) Veterans Office and the US bankruptcy management committee I will.

FBI works extensively with Financial Crime Execution Network (FinCEN). FinCEN is a US Treasury Department established in 1990 and collects and analyzes information on financial transactions to fight financial crime such as mortgage fraud, money laundering and terrorist financing. The FinCEN network is aimed at sharing information between law enforcement agencies and regulators and other partners in the financial community in order to deal with complex criminal financial transactions such as mortgage fraud and money laundering, It is a means of connecting information with people. South Carolina lawyers can delay mortgage misconduct by visiting the FBI and FinCEN related websites.

In South Carolina state, mortgage fraud is generally prosecuted by federal lawyers. The US Lawyers Office (USAO) and the US Department of Justice Department (DOJ) Criminal Fraud Office deal with criminal prosecution of mortgage infringement lawsuits. In South Carolina's USAO there are approximately 50 applicants in the state and there are offices in Charleston, Columbia, Florence and Greenville. In the investigation stage, a potential mortgage fraud potential or a person involved may be deemed to be a witness, subject, or subject in the investigation. The subject generally targets those claiming to have committed a crime such as mortgage fraud and public prosecutors have substantial evidence to support criminal prosecution. Criminal prosecution of mortgage fraud criminal proceedings is usually initiated through the federal major grand jury process. At least 12 grand jureies from 23 grand jury federal grand juries from 16 people suspected of criminal activity by federal prosecutors with the help of a law enforcement agency (usually an FBI special representative) , We must agree with indictment prosecuting mortgage fraud. A criminal lawyer in South Carolina State can not enter the grand jury at any time and lawyers rarely be prosecuted after filing a lawsuit in the grand jury.

In many cases, the target of mortgage fraud prosecution is called by the prosecution to testify in front of the grand jury utilizing grand jury procedures. Normally, a criminal lawyer in South Carolina must not admit designated targets of the Federal Criminal Court fraud investigation as they testify before the grand jury. Subjects and witnesses of mortgage fraud prosecution are often summoned by the applicant to testify in front of the grand jury. Criminal lawyers should also generally advise witnesses or defendants not to test whether any part of the testimony probably infringes the client. As for federal mortgage fraud investigations, criminal attorneys experienced by citizens when they receive letters, subjects or subpoenas to testify in front of the grand jury or special lawyers of the FBI, South Carolina state law enforcement officials We must consult at once. One of the biggest mistakes a mortgage fraud subject, a defendant or a witness can do is to testify in front of a grand jury or to talk to a criminal investigator before consulting with a criminal defense attorney. In Article 5 of the Constitutional amendment, any person, including the subject of the mortgage fraud, the accused, and the witness, shall not commit itself. Interestingly, there is no protection of the fifth revision to corporations. Clearly, experienced SC mortgage fraud lawyers should immediately discuss when defendants are arrested and arrested by the South Carolina federal mortgage fraud crime.

An important exercise tip for a South Carolina lawyer on behalf of a client who decided to testify before the grand jury is to take the client to the grand jury court. Although not accepted at the grand jury, the lawyer can wait outside the court and the client can consult a lawyer for questions asked by a lawyer or grand jury. This is an effective way to help minimize the possibility of damages by clients and is a great way to learn the focus in the case of prosecutors. This approach makes it much easier to gain insights from clients as a question asked during the grand jury. Rather than reporting to the client after a long lasting question and answer session that may last many times,

South Carolina white-collar criminal lawyers need to be aware of the type of mortgage fraud prevalent in the state in order to effectively identify and represent customers involved in mortgage fraud. Consumers need to be conscious of changes in mortgage lending fraud and not to become part of a scheme to unwittingly mislead lenders supported by banks and federal government. South Carolina's federal mortgage fraud crime is punished by federal prison sentences of up to 30 years or a fine of $ 1,000,000, or both. It is illegal to do false statements about matters of your income, assets, debts or identity, or intentionally overestimate by filing loans or loans for the purpose of affecting any land or property It is fraudulent. The behavior of financial institutions supported by the federal government

Some applicable federal criminal laws that may be charged for mortgage fraud accusations include, but are not limited to:

• 18 USC § 1001 - general statement or entry
• 18 USC § 1010 - HUD and federal housing management transactions
• 18 USC § 1014 - general loan application and credit application
• 18 USC § 1028 - fraud related to identification cards and related activities
• 18 USC § 1341 - Email fraud and fraud
• 18 USC § 1342 - false name or address
• 18 USC § 1343 - wire fraud
• 18 USC § 1344 - Bank fraud
• 18 USC § 2 - aid and assistance
• 18 USC § 371 - conspiracy
• 42 USC § 408 (a) - fake social security number

USAO, DOJ, DOJ in California, Florida, Georgia, Illinois, Indiana, Michigan, New York, Ohio, Texas, Utah, Arizona, Colorado, Maryland, Minnesota, Missouri, Nevada, North Carolina, Tennessee and South Carolina State. The number of mortgage fraud cases prosecuted by FBI has increased substantially.

In South Carolina, an unbalanced number of mortgage fraud cases are occurring in coastal areas. There are counties in South Carolina State where there are many mortgage fraud and bank fraud gatherings such as Horley County, Florence County, Georgetown County, Charleston County, Berkeley County, Dorchester County, Beaufort County, Colton County, Jasper County and so on. In South Carolina there are cities where mortgage fraud and bank fraud are concentrated, such as Little River, North Myrtle Beach, Myrtle Beach, Mulleth Inlet, Georgetown, Awendo and Mountain Lodge. There are Charleston, North Charleston, James Island, Palms Island, Sullivans Island, Folly Beach, Kiawa Island, Hollywood, Ravel Nell, Beaufort, Bluffton and Hilton Head Island. The reason for the increase in criminal prosecution of mortgage fraud and bank fraud in these fields is due to the occurrence of many real estate projects such as condominiums, condotels and townhouses. These real estate developments are popular in areas close to the waterfront, and lenders at banks have lent funds at a vigorous pace due to intense demand.

South Carolina white-collar criminal attorneys and various institutions, deliverables and service to bring out mortgage fraud and band fraud which consumers must know well. Typical mortgage scams or intrigues generated in South Carolina and the United States are as follows.

Air loan. The air loan mortgage fraud system is a loan acquired for a property that does not exist or for a non-existent borrower. Professional fraudsters often work together to create a chain of fake titles with fake borrowers of nonexistent property. They then get a title and property insurance binder to present to the bank. Scammers often set up fake phone banks and mailboxes to create fake employment confirmation letters, W - 2, home addresses, and borrower phone numbers. They can establish an account for payment and maintain an escrow custodian. Telephone banks are used to disguise employers, appraisers, credit institutions, law firms, accountants, etc. for bank confirmation purposes. The air loan fraudster gains the loan's profits, the property has not been traded so far, and the bank has no outstanding loans that have never been pledged.

Appraisal fraud. Review fraud is often an integral part of many mortgage fraud frauds and occurs when an unfair appraiser unfairly evaluates real estate by inflating its value. In most cases, after receiving the selling fee, the seller will pay a rebate to the expert opinion as a deduction for fake appraisal. In most cases, the borrower has not paid the loan, and the house and property are seized.

Equity skimming In the equity skimming / mortgage fraud system, investors often use straw buyers, fake revenue documents, and false credit reports to acquire mortgage loans under the name of a straw buyer. After closing, the straw buyer abandons all rights to the real estate and does not guarantee the rights, signs the real estate to the investor in the request for tort. Investors do not pay mortgage payments and lease the property until a foreclosure takes place in a few months. Equity skimming will pay off rental income from real estate for personal gain, paying taxes and other real estate-related expenses, after the cheaters purchase the mortgage real estate owning the mortgage.

Flipping. A flipping scheme occurs when a seller mistakenly expresses the value of real estate in order to allow buyer's purchase. Changing fraud in a mortgage usually involves a fraudulent assessment and a significantly expanded selling price.

Foreclosure plan. Fraudsters in foreclosure schemes are at risk of losing their homes at the expense of those with financial problems. Housing owners may get in touch with the fraudsters that they can remove their debts and rescue their homes at a pre-paid fee that the crooks will disappear. In a similar foreclosure plan, homeowners are approached by fraudsters who will allow them to refinance their loans. The homeowner is fraudulently guided to sign a so-called "refinancing" document and later learns that they will face retreats after actually transferring the title to the con artist.

Nominee loan / straw buyer. One of the most frequent types of mortgage fraud arises when "straw buyers" are used to hide the identity of true borrowers that are not subject to mortgage loans. Straw buyers or nominee buyers generally have good credit. The fraudster usually fills out a loan application for the straw buyer and forges the straw buyer's income and net assets to be eligible for financing. These fraud frauds became popular due to the emergence of "fixed income" loans that did not require a borrower to prove actual income and net assets - the bank recognized income and net assets "stated" in the loan application form Did. Straw buyers are often deceived to think that they may invest a real estate to rent by renting a rent, and pay nominal rent at the time of closing. In most cases, no payment is made and the lender deducts the loan. Sometimes straw buyers are actually caught up in fraud and get a cut in the procedure.

Silent second In the silent second mortgage fraud scheme, the buyer borrows a prepayment for property purchase from the seller through the execution of the second mortgage not disclosed to the lending bank. The loan bank is fraudulently believed that the borrower actually invested his own funds for the prepayment he borrowed. The second mortgage is not recorded to further hide the status from the first lending bank.

Mortgage fraud is normally reported to the FBI by a financial institution that was misbehaved. Based on the Bank Secret Act of 1970 (BSA), banks are dubious about FinCEN if customer actions indicate that customers are violating federal criminal laws such as washing money or committing Activity Report (SAR) Housing Loan Fraud. See 31 CFR § 103.18 (a). Banks must submit SAR by 30 days after the first detection day of the bank of facts that is the basis for submitting the SAR unless there is a suspect identified on the detection date first. It may take up to 60 days to submit the SAR to the bank. See 31 CFR § 103.18 (b). When FinCEN analyzes the information contained in the SAR, if criminal activity occurs, it will be handed over to FBI, DOJ or AUSO for investigation and prosecution. The FBI SARs report on mortgage fraud increased from about 2,000 in 1996 to 25,000 in 2005. Of the 2005 SAR reports, 20,000 are involuntary fraud, 7,000 are related to broker fraud, and 2,000 are related to appraisal fraud.

The FBI has identified several indicators of mortgage lending fraud that South Carolina criminal white-collar attorney must recognize. This includes expansive valuation, monopolistic use of one appraiser, increased awards and bonuses for brokers and appraisers, prizes (outings or settlements) paid for paid services, customary fees, applications for borrowing Counterfeit of a buyer, a request to a buyer a request for an empty loan application, a fake loan document submitted, a request to sign a blank employee form, a bank form or other form, refused as a refinancing loan Loans, re-guaranteed investors, purchase of real estate, investors who have paid a fixed interest rate on the sale or sale of real estate, and when using multiple "holding companies" to raise real estate value.

One of the first largest mortgage fraud cases in South Carolina province occurred in the 1990s in the Charleston division. It included candidates borrowers and straw loans made by Citadel federal savings and loans. More than 10 straw purchasers have been tempted by real estate loans by getting a payment fee to sign up for a loan. They did not put their money as part of the deal, and when the loan became rough, the bank had upside-down wealth. In other words, real estate was worth less than the amount of the loan. Some bank internal parties were part of the system and convicted on related roles.

The scope of advocacy factions represented by SC criminal lawyers in typical mortgage fraud cases includes straw borrowers and nominee borrowers, real estate brokers, developers, appraisers, mortgage brokers, possibly closed lawyers and bankers . Bankers are often ignoring the appropriate bank loan requirements and protocols to earn more money, as they are often receiving rebates from borrowers or paying loans' bonuses Therefore, when analyzing potential customer mortgage fraud cases, it is necessary to give close routines to bank loan applications, valuations, HUD - 1 financial statements, borrowers W - 2, tax return declarations Yes.

Federal judges who declare mortgage fraud usually rely on US judgment guidelines. US v. Booker It distinguis between uppercase and lowercase letters. The Federal Court calculates a specific guideline scope by evaluating the criminal record of confidentiality obligations, the applicable basic liability limit, the actual or intended loss amount. Section 2 B1.1 of the USSG lists a loss table that increases the basic liability level according to the amount related to mortgage fraud. Generally, as the amount of money lost in the mortgage fraud fraud is larger, the sentence concerning the defense will become larger. In some cases, defenders may receive strengthened punishment. This means that defenders receive larger sentences. If you judge that the court is the organizer, supervisor, or recruiter, or if you trust the status using sophisticated means to mitigate the crime, or target the vulnerable victim It is something like a disabled person or an elderly person if it is made. However, federal judges should promote the nature and circumstances of duties, the history and characteristics of defense, the discretion of court judges, the discretion of court judges, respect for law, punishment for damages, appropriate for criminal acts Necessity of deterrence, need for protection of citizens from further crimes of defendant, need to provide defendant with necessary education and voluntary training, medical and other orthodontic treatment in the most effective way, available In order to avoid sentences, sentences recommended by criminal instruction guidelines and applicable guidelines or policy statements within them, end disparities and the need for refund.

An accused who is the subject of a mortgage fraud requires an important strategic decision. Defendants and lawyers should seriously consider the consequences of convictions if they actually commit a crime. Mortgage fraudulent defendants can descend to three levels in order to convict. A criminal lawyer representing a mortgage fraud defense may also file a deviation to the court and / or a petition for a litigation factor to support the additional reduction of the defendant's text. Mortgage fraud criminal lawyers need to scrutinize the situation of the case and the background and criminal history of the defendant to help minimize the time offered. Useful tips for attorneys representing South Carolina's criminal mortgage fraud defenders include disparate sentences, 5K lost for cooperation, abnormal behavior, real estate value, family relations, special rehabilitation, declining mental capacity, special It is considered possible justification for less sentences than repayment.

South Carolina white-collar criminal attorney needs to understand the basis of mortgage fraud in order to properly represent customers who have been prosecuted or accused of breach of mortgage fraud. Recognizing the difference in the status of a target, subject, or witness can have a significant impact on the handling of the case. White-collar bank fraud and mortgage fraud criminal crime can change your life for defense convicted on the same thing. Persons with confidentiality charged with federal crimes of fraud should consult a knowledgeable SC criminal lawyer on the type of fraud, how to implement fraud, the law enforcement process and the grand jury process Applicable federal dismissal guidelines and approaches applied to minimize substantive laws on mortgage fraud, potential budget deficits.

© 2010 Joseph P. Griffith, Jr.

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