We left off last week discussing certain excerpts from the grand jury transcript from the Plantation Cop's mortgage fraud case, let's take another look at those excerpts...
With respect to this particular Indictment, we’re talking about the first count, which is a conspiracy count. It’s a conspiracy to commit mail fraud, wire fraud, and filing of false statement with a Government agency, the Department of Housing & Urban Development.Filing a false statement with a government agency, specifically the Department of Housing & Urban Development? The loans in question weren't FHA or government insured, so why in the world would anyone think that the HUD-1's for the loans in question were filed with HUD?
In case there was any confusion, the prosecutors presented the grand jury with testimony from one of the agents working the case who confirmed that indeed the HUD-1's in question were filed with the Department of Housing & Urban Development...
Q. And the department or agency to which the HUD-1 is submitted is the Department of Housing & Urban Development?Isn't that nice? The obvious problem with these statements is that their flat out WRONG! The prosecutor presenting the case to the grand jury knows so little about the intricacies of mortgage and real estate transactions that he makes this obvious misrepresentation, to add insult to injury he brings in an agent to testify who knows just as little about the subject at hand as he does. Fabulous.
A. Yes.
Here's something else to consider, could it be possible since grand jury proceedings are secret, that the prosecutor took some liberties with the truth? Take a look at the same two excerpts from the grand jury transcripts, this time without the obvious misrepresentations...
With respect to this particular Indictment, we’re talking about the first count, which is a conspiracy count. It’s a conspiracy to commit mail fraud, wire fraud, and filing of false statement with aAnd...Government agency, the Department of Housing & Urban Developmentlender.
Q. And theDoesn't that sound completely different? Somehow allegedly lying to a lender (or bank) sounds less damning than lying to a "government agency, the Department of Housing & Urban Development". The question that remains is why would the prosecutor and the case agent in question lie to the grand jury? Was the case too weak to go forward based on the truth? Did the prosecutors need this extra bit of "spice" to push the grand jury to indict or could the prosecutors and agents who worked the case actually know so little about the case that they were prosecuting that they made an innocent mistake? I doubt it. I'm more inclined to believe that this misrepresentation of the facts was designed solely to paint the subjects of the indictment in as bad of light as possible before the grand jury in order to guarantee an indictment. Simply saying the defendants lied to bank wasn't strong enough but alleging that they committed wire and mail fraud by lying to a government agency is a whole different animal.department oragency to which the HUD-1 is submitted is theDepartment of Housing & Urban Developmentlender?
A. Yes.
The worst part of all this? All the grand jury proceedings are secret. More tomorrow.