Tuesday, December 28, 2010

It's all connected...

We left off on Christmas eve with an insurance fraud scheme executed by some of the dumbest criminals in Miami Dade county, but what if any link is there to our tales of mortgage fraud?  A simple Google search of some of the names involved yields a treasure trove of information, let's pick a name from the very first page of the police report, Jason Cuza.


YIKES!  From the FBI's page...
United States v. Bryan A. Guarch, et al., Case No. 09-20627-CR-Moreno.

On July 23, 2009, thirteen (13) defendants were charged in a 15-count Indictment for their participation in a mortgage fraud scheme that resulted in approximately $4 million in fraudulent loans. Charged in the Indictment were defendants Bryan A. Guarch, 29, Richard Pi, 27,  Edwin Garcia, 30, Carlos Martinez, 29, Wayne Bermudez, 29, Oscar Quintero, 28, Sunsy Garcia, 29, Ryan Barouh, 27, Jason Cuza, 30, Anthony Silverio, 26, all of Miami, Rafael Jaramillo, 32, of Hialeah Gardens, Mario Estrada Mora, 25, of Miami Beach, and Vanessa Negron, 27, of Boiling Springs, South Carolina.
According to the Indictment, defendants Guarch and Pi organized the scheme and identified eight properties to be used to defraud mortgage lenders. Guarch and Pi used defendants Edwin Garcia, Rafael Jaramillo, Carlos Martinez, and Wayne Bermudez, to recruit  straw buyers to submit fraudulent loan applications to mortgage lenders. Among the straw buyers recruited in this way were co-conspirators Oscar Quintero, Mario Estrada Mora, Sunsy Garcia, and Vanessa Negron.
After submitting fraudulent loan applications to the lenders, Pi and Guarch paid-off loan officers, defendants Ryan Barouh and Jason Cuza, to facilitate the approval of the loans. Guarch and Pi caused the title company closer, defendant Anthony Silverio, to approve and submit to the lender a fraudulent HUD-1 Settlement Statement with an inflated purchase price. In an effort to conceal the fraud, Silverio provided a second HUD-1 Settlement Statement to the sellers reflecting the actual, much lower purchase price of the property. At closing, Guarch and Pi kept more than $1 million in loan proceeds, representing the difference between the inflated purchase price and the price actually paid to the seller for the property. After closing, Guarch and Pi used those loan proceeds to pay off their co-conspirators and to fund their lavish life styles. After each of the closings, the straw buyers defaulted on the loans, causing each of the properties to go into foreclosure and resulting in possible losses to the lenders of more than $2.6 million.
The Indictment includes charges of conspiracy to commit wire fraud and substantive wire fraud. Mr. Sloman commended the investigative efforts of the Federal-State Mortgage Fraud Strike Force, with special commendation to the U.S. Secret Service, U.S. Postal Inspection Service, the Miami-Dade Police Department, and the State of Florida Office of Financial Regulation. The case is being prosecuted by Assistant U.S. Attorney Peter A. Forand.
What are the chances?  Look at the ring leaders in this Federal indictment who were charged with orchestrating straw buyer schemes, they just happened to be involved in the bogus Exotic Car rental business that we discussed last week.  More coming...

14 comments:

  1. There is an even more egregious aspect of straw buying that is associated with foreclosures.

    LAWYERS WHO FILE FORECLOSURES SHOULD BE INVESTIGATED http://chn.ge/eU2zAm

    Scores of homeowners do not contest foreclosures because:
    1. They don't have knowledge of the law in order to recognize which aspects of foreclosure are legally challengeable or even fraudulent.
    2. Even those who identify wrongdoing, lack funds to pay for attorneys to represent them.
    3. Homeowners are told to come to foreclosure auctions with money that they do not have, so they stay away from foreclosure auctions.

    These homeowners are oblivious about sometimes "straw buyers" and sometimes lawyers in charge of foreclosures, obtaining illegal ownership of people's homes, and pay literally nothing through "credit bids;" and that those recorded deeds from such auctions are Null! For these very reasons, there needs to be a probe of lawyers who file foreclosures.

    Also, the average lay person doesn't know about legal requirements of "standing" that prevents their homes from being repossessed via non-existent lenders, or via lenders who have no ownership of promissory notes.

    Yet, courts are supposed to enforce "standing" and compliance with established laws! Illegal, defective, fraudulent foreclosure causes useless deeds for property sales; title insurance denials –and more.

    Further, after certain foreclosure auctions (via simulation) result in fraudulent –NOT lender acquisitions, by lawyers or straw buyers, the common scenario becomes property flipping, neighborhood blight, rodents, and so on!

    *Sample of fraudulent foreclosure acts:

    -Deliberately use defunct lenders, lenders without "standing" for false civil and bankruptcy foreclosure proceedings
    -Create and conceal malpractice foreclosure delays and engineer billable litigation
    -Orchestrate sham foreclosure auctions; property never acquired by lenders, but 'straw buyers'
    -Commit actionable wrongs (unfair debt collection, fraud, various torts) that create lawsuits
    - Foreclosures naming defunct lenders, illegally recorded property deeds, flipping, blighted communities
    -Unconscionably create false deficiency judgments against property owners after straw buyers acquire homes for pennies on the dollar
    -Intentionally false Bankruptcy court "Motion to Lift" and "Proof of Claim" on behalf of non-existent lenders which conceals fact of a "non-secured" mortgage debt
    -Involved in fraudulent collection of property damage insurance, as well as mortgage-default insurance
    - Fraudulent foreclosures abet loss of property taxes to city revenue, and invites rodents, vagrants
    - Thousands of families made unlawfully homeless from null foreclosure proceedings

    Foreclosure lawyers are officers of the court. Lawyers are required to know applicable laws and civil procedure. This knowledge is not required of mortgage lenders, nor loan servicers.

    *more @ Request for Congressional Foreclosure Panel to Examine Foreclosure Lawyers
    http://www.change.org/petitions/view/request_for_congressional_foreclosure_panel_to_examine_foreclosure_lawyers#

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  2. Bryan Guarch was a low life who never did anything legit. That lavish lifestyle he lived was ripping the banks off and putting things under other peoples name. I one time saw this guy driving a brand new BMW 6 Series in a plum color with matching rims. A $100k for a guy who didnt even graduate high school. I knew then he was up to no good. Then he had vip tables, a cigarrette boat and all these toys for a guy who didnt even know how to balance a checkbook. Now he will pay the price having to put on every application for the rest of his life that he has a felony and was incarcirated for millions of dollars in mortgage fraud. I guarantee he will land back in the slammer.

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  3. Stay tuned for an update on Mr Guarch, I promise it's gonna get your blood boiling!

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  4. so whats the update on the duche bag bryan guarch???

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  5. i guess no update.....

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  6. He's ratted out a few low level drug dealers and got his sentence drastically reduced. He's about to get out of jail.

    Jason Cuza is already out.

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  7. wow! that seems shadey. so they all just got slapped on the wrist. Whats with the prosecution these days??.....

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  8. must be "connected"

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  9. where can i find the court records and the final judgements ? on this mortgage fraud case in florida

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  10. the one involving anthony silverio part of the mortgage scam.
    On July 23, 2009, thirteen (13) defendants were charged in a 15-count Indictment for their participation in a mortgage fraud scheme that resulted in approximately $4 million in fraudulent loans. Charged in the Indictment were defendants Bryan A. Guarch, 29, Richard Pi, 27, Edwin Garcia, 30, Carlos Martinez, 29, Wayne Bermudez, 29, Oscar Quintero, 28, Sunsy Garcia, 29, Ryan Barouh, 27, Jason Cuza, 30, Anthony Silverio, 26, all of Miami, Rafael Jaramillo, 32, of Hialeah Gardens, Mario Estrada Mora, 25, of Miami Beach, and Vanessa Negron, 27, of Boiling Springs, South Carolina.

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  11. yes i would like to see court records and the final judgements aswell..

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