Monday, September 28, 2009

The outcome of the David Rodriguez, Nestor Camacho, Jose Delgado, Monica Zuluaga case.

Sorry about not posting yesterday boys and girls, I was observing Yom Kippur, the holiest day of the years for people of my background. Alrighty then, I've tried my best to find out what happened with all four defendants in the Mortgage Fraud Task Force's case against Camacho, Delgado, Rodriguez and Zuluaga that we discussed earlier. For those of you who don't remember, this is where Mr. Camacho was going to buy a condo from a retired cop with a fraudulent mortgage brokered by Mr. Delgado and a closing and cash back scheme officiated by attorney David Rodriguez and his closer Mrs. Zuluaga. Here's what we've been able to find on how that case ended:

Nestor Camacho- charged with Organized Scheme to defraud and Grand Theft, the organized scheme to defraud charge got a nolle pros and the Grand Theft charge where he tried to steal $100,000, Mr. Camacho was given an adjudication withheld and probation. FANTASTIC!

Jose Delgado- I haven't been able to find the outcome of his case.

Monica Zuluaga- charged with Organized Scheme to defraud and Grand Theft,the organized scheme to defraud charge got a nolle pros and the Grand Theft charge where she put together fake hud-1 statements, fake affidavits stating that there was going to be $100,000 worth of work done to the condo that Mr. Camacho was buying, on that charge she was rewarded with an adjudication withheld with 3 years of probation! EXCELLENT!

Last but not least, the remaining defendant, Attorney David Rodriguez, you all remember him right? This would be the attorney that told the retired cop that was selling the condo that he couldn't reflect that actual sales price on the HUD-1 because the bank wouldn't approve the loan and then went on to negotiate a discount with an undercover cop posing as the sellers accountant! Can it get worse than that? YES IT CAN! Remember even before the police got involved, the two checks that were made out to Mr. Rodriguez's trust account by Mr. Camacho as deposits for the condo purchase were returned as NSF! Mr. Rodriguez and his firm neglected to mention that to the seller and the bank that was financing the fraudulent purchase. Once again we must ask ourselves, CAN IT GET WORSE THAN THIS?! YES IT CAN! Even worse than officiating the fraudulent transaction, worse than negotiating a discount for the seller with an undercover cop for the income tax implications for the seller that may arise because of the $100,000 kickback, Mr. Rodriguez (according to the arrest affidavit and records from his trust account statements from Transatlantic Bank) PAID OFF THE SELLERS MORTGAGE 3 WEEKS BEFORE THE CLOSING EVER HAPPENED USING FUNDS THAT THE BANK GIVING THE MORTGAGE TO MR. CAMACHO HAD SENT TO THE CLOSING ATTORNEY'S TRUST ACCOUNT! ZOINKS! So what happened to Mr. David Rodriguez after he got arrested and charged with organized scheme to defraud and grand theft? As far as I can see NOTHING! Based on what's available in the public record, there isn't even a hint of Mr. Rodriguez getting in trouble, except for that pesky press release with his name and photo as well as his name all over the arrest affidavits for the co defendants in this case.

Can someone explain this to me? It's obvious that Mr. Rodriguez had a master of a defense attorney who cut a deal and then got the records expunged. Fantastic for him, but why did was Sgt. Davis's slam dunk case end up like this? We know from reading the arrest affidavit that Mr. Camacho and Mr. Delgado pretty much admitted to everything and told the state exactly what had happened. Mrs. Zuluaga with her prior arrests for multiple grand theft charges, petit larceny, uttering a forged instrument, etc, why the hell was she afforded such a sweat heart deal? After all, from what we're told in the arrest affidavit, she's the one that did all the legwork under the direction of the attorney, why did she get let off so easily? Considering that at least two of the defendants admitted to committing mortgage fraud in obtaining the fraudulent mortgage, why weren't more charges brought against them? According to the arrest affidavit, at least two of the defendants spilled the beans, why the hell would you cut a deal with the other two? WTF?

Besides the wrong doing by the attorney in this case, why wasn't the attorney disciplined by the Florida Bar? As per the Florida Bar website, Mr. Rodiriguez is eligible to practice in Florida with no history of disciplinary action by the bar. What gives? This case was in the media, why doesn't the bar know about the hijinks that went on here? Ultimately the outcome of this case runs contrary to the mission statement of the Mortgage Fraud Task Force. The defendants were slapped on the wrist then sent on their way, the attorney in the middle of this scheme went on with his life and law practice totally unharmed. Who knows what really happened, one thing that did happen for sure is that Sgt. Davis's slam dunk case got flushed down the toilet.

Tomorrow, a confession to the Straw Buyer from one of the defendants.

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