Tuesday, May 31, 2011

Pure bullshit.

.


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?

A. Yes.
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.


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 a Government agency, the Department of Housing & Urban Development lender.
And...
Q. And the department or agency to which the HUD-1 is submitted is the Department of Housing & Urban Development lender?

A. Yes.
Doesn'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.


The worst part of all this?  All the grand jury proceedings are secret.  More tomorrow.

22 comments:

  1. Another lying prosecutor. Are we supposed to be surprised?

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  2. Imagine how the falsely charged cops feel? The crooked broker already admitted that they lied on the forms without the cops knowledge because it was easy and they made more money, but hey give them another free pass so a year from now they can start another scam.

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  3. The Judge in this case need's to over turn the ruling to -NOT GUILTY!!!

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  4. Not Guilty? John Velez is totally guilty. Joe Guaracino is the biggest scam artist of them all and he is totally guilty, and will be found so. Joe Guaracino is a liar and would do anything to get what he wants, no matter what, even if it's not legal.

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  5. Seems kinda like the pot calling the kettle black to me...

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  6. Anonymous must know John Velez? oh wait ! he can't know him, or he would know he is NOT GUILTY !!!!

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  7. Actually the HUD-1 would be subject to scrutiny by a federal agency under any number of regulations. Especially if the lender was a federal depository institution. And I do believe that the HUD-1 or an attachment always contains the "1010" warning which warns someone that lying on the form amounts to a federal offense.

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  8. So the title company filling out the form and forging the signatures of hundreds of borrowers walked away with no charges..... even more interesting..

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  9. Strawbuyer what's up with part two of the trial?

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  10. And all the time the jury sleeps

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  11. explain this to me 4 witnesses in the 1st trail and the 2nd trail had been dupped by the mortgage brokers with the same false stuff on their loans and are brought to trail to testify to that, but yet none are charged. only the cops were charged. did these cops sign their loans in uniform or while on duty and thats why their charged. that would make more sense. i dont understand you say the cops didnt know about the fraud but addopted it. yet you say these witnesses didnt know about the fraud but didn't addopt it. really weird case. sounds to me they picked people that would make good news for blogs like these. Please keep me updated.

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  12. Two important distinctions here - 1) Not guilty does not mean innocent, and 2) Cops (including former cop Guaracino) were actively recruiting others to buy properties through Guaracino and they knew they couldn't afford them - buying 4-6 properties on a cop's salary and saying you didn't know is comical.

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  13. The truth will come out!I was the biggest supporter of our government, -but after the first Plantation cop's Mortgage trial-seeing how the prosecutor's ( gov.)
    told out and out lie's against the defendent's and tried to dirty them up in front of the jury-no more-I really believe the procecutor's had something to do with the mix up of John Velez and Matt Gulla's name in the Miami Herald !! and Anonymous --Joe hasn't been found guilty !! don't be so sure of yourself

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  14. Opinions are great when they have substance, let's hear some facts and less assumption about what people could afford and how many houses they could afford because your thoughts are incorrect. Look into the transcripts and get some facts please, then make educated remarks.

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  15. Judy - lots of bias from what you're saying. Maybe you need to focus objectively instead of subjectively.

    Previous anonymous - it was and is a fact that those cops could not afford the 4-6 properties that they knowingly bought. When law enforcement goes on the stand in their defense and lies, that's when I get upset...and therefore looking at the transcripts paints a faulty picture.

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  16. Nice try but still opinion, bank records don't lie. look for facts!

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  17. Oh my bad - I thought the two convictions were enough facts...but I guess that could be an opinion of jurors that sat through every day of the trial, right?

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  18. Two is correct, four were not. Yes, the same jurors. If you were not one then you dont know the facts. Be careful about judging others.

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  19. Knowing the facts - they were guilty...reasonable doubt saved them due to dealing with guys that were slimier than they were, but they were still guilty of committing mortgage fraud. Just because they aren't the worst in the scheme doesn't mean they weren't culpable.

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  20. "knowing the facts" let's hear some.......

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  21. Oh so you think you know the facts and say reasonable doubt saved them. Guess our justice system should change since you think you know the facts. What a joke the agents in charge seem like idiots. Give a deal to two mortgage brokers that did over 400 loans made up of fraud over 100 million in loans but yet charge them with the lowest possible thing. And go after 8 cops. That only bought a few homes. Boy that sure looks like someone wanted headlines. And focused only on cops instead of the big picture.

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  22. 7 bank's never charged 6 people on the 1st trail. 5 people plead guilty. 4 people found not guilty. 3 lying prosecutors 2 people found guilty. 1 wife beating FDLE agent. Is this a Christmas song or a soap opera. stand by for more to come.

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