“‘Real Housewives of New Jersey’ stars due back in court to enter plea on federal fraud charges”

August 14, 2013

Fox News on August 14, 2013 released the following:

Associated Press

“Two stars of “The Real Housewives of New Jersey” are due back in court.

Teresa and Guiseppe “Joe” Giudice are scheduled to enter a plea before a federal judge Wednesday afternoon. Lawyers say both are expected to plead not guilty to federal fraud charges.

They were charged last month in a 39-count indictment with conspiracy to commit mail and wire fraud, bank fraud, making false statements on loan applications and bankruptcy fraud.

The couple are accused of exaggerating their income when applying for loans, then hiding their improving fortunes in a bankruptcy filing.

They are also accused of submitting fraudulent mortgage and loan applications and fabricating tax returns and W2 forms.

Prosecutors allege Joe Giudice also failed to file federal tax returns from 2004 to 2008.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

Federal Mail Fraud Crimes

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Eric Elegado, Charmagne Elegado, Theodore Cohen, Minh Nguyen, Regidor Pacal, Alexander V. Garcia, Roman Macabulos, Ramin Lotfi, and Roderick Huerto Indicted for Allegedly Committing the Following Federal Crimes: Conspiracy, Wire Fraud, Money Laundering, and Criminal Forfeiture

February 23, 2012

The Federal Bureau of Investigation (FBI) on February 21, 2012 released the following:

“Local Real Estate Agent and Eight Other Industry Professionals Charged in Massive Mortgage Fraud Scheme That Caused at Least $15 Million in Losses

United States Attorney Laura E. Duffy announced the unsealing of an indictment today charging a local real estate agent, Eric Elegado, and eight other mortgage industry professionals—Charmagne Elegado, Theodore Cohen, Minh Nguyen, Regidor Pacal, Alexander V. Garcia, Roman Macabulos, Ramin Lotfi, and Roderick Huerto, with multiple counts of conspiracy, wire fraud, money laundering, and criminal forfeiture. According to court proceedings, these defendants engaged in a multi-million-dollar mortgage fraud scheme that targeted vulnerable, low-income immigrants in San Diego. All of the defendants were arraigned today in federal court before U.S. Magistrate Judge William McCurine, Jr.

According to the indictment, Eric Elegado owned and operated real estate and mortgage brokerage businesses in San Diego and employed Theodore Cohen, Minh Nguyen, Regidor Pacal, Alexander V. Garcia, Roman Macabulos, Ramin Lotfi, and Roderick Huerto. These defendants conspired together and with others to obtain mortgage loans for unqualified buyers by falsifying and assisting others in falsifying the employment and salary information on the loan documents. According to the indictment, Eric Elegado directed the mortgage loans to be processed through his wife, Charmagne Elegado, who was working at the subprime mortgage lender. In order to further the fraudulent scheme, the defendants allegedly created and caused others to create false financial records for the purpose of verifying income listed on the false loan applications, such as W-2s, bank statements, rental income statements, ownership records, and bank deposit documents. According to court proceedings, the defendants caused these fraudulent loan documents to be submitted to mortgage lenders in order to induce the lenders to loan more than $50 million in mortgage loans. As a result of their scheme to defraud, defendants and others caused the mortgage companies, lending institutions, and financial institutions to lose more than $15 million.

This case is being investigated by special agents with the Federal Bureau of Investigation. During today’s court proceedings, the government moved to detain Minh Nguyen without bail. A detention hearing is set for February 24, 2012, at 9:30 a.m., before Magistrate Judge William V. Gallo. A personal appearance bond in the amount of $75,000, secured by the signatures of two financially responsible adults, was set for defendant Charmagne Elegado. A bond in the amount of $100,000, secured by real property, was set for defendant Eric Elegado. A personal appearance bond in the amount of $50,000, secured by the signatures of two financially responsible adults, was set for defendants Alexander V. Garcia and Ramin Lotfi. A personal appearance bond in the amount of $35,000, secured by the signatures of two financially responsible adults, was set for defendants Roman Macabulos and Regidor Pacal. A bond in the amount of $50,000, secured by a corporate surety, was set for defendant Theodore Cohen.

The defendants are next scheduled to be in court before United States District Judge Anthony J. Battaglia for a motion hearing on March 28, 2012, at 2:00 p.m.

Criminal Case No. 12CR0404-AJB

DEFENDANTS

Charmagne Elegado Age: 47 Escondido, CA
Eric Elegado Age: 47 Escondido, CA
Theodore Cohen Age: 54 San Diego, CA
Minh Nguyen Age: 28 San Marcos, CA
Regidor Pacal Age: 51 San Diego, CA
Alexander V. Garcia Age: 38 San Diego, CA
Roman Macabulos Age: 38 San Diego, CA
Ramin Lotfi Age: 36 San Diego, CA
Roderick Huerto Age: 34 San Diego, CA

SUMMARY OF CHARGES
Count 1: Title 18, United States Code, Section 1349—Conspiracy to Commit Mail and Wire Fraud
Maximum penalties: 20 years’ imprisonment, $250,000 fine or twice the gross pecuniary gain or twice the gross pecuniary loss (whichever is greatest), $100 special assessment, three years of supervised release.

Counts 2-7: Title 18, United States Code, Section 1343—Wire Fraud
Maximum penalties per count: 20 years’ imprisonment, $250,000 fine or twice the gross pecuniary gain or twice the gross pecuniary loss (whichever is greatest), $100 special assessment, three years of supervised release.

Count 8: Title 18, United States Code, Section 1956(h)—Conspiracy to Commit Money Laundering
Maximum penalties: 10 years’ imprisonment, $250,000 fine, $100 special assessment, three years of supervised release.

Counts 9-12: Title 18, United States Code, Section 1957—Money Laundering
Maximum penalties per count: 10 years’ imprisonment, $250,000 fine, $100 special assessment, three years of supervised release.

INVESTIGATING AGENCY
Federal Bureau of Investigation

An indictment itself is not evidence that the defendants committed the crimes charged. The defendants are presumed innocent until the government meets its burden in court of proving guilt beyond a reasonable doubt.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

Federal Mail Fraud Crimes

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To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


David Foley Pleads Guilty to Conspiracy to Commit Mail and Wire Fraud, Conspiracy to Commit Bank Fraud

January 9, 2012

The Federal Bureau of Investigation (FBI) on January 9, 2012 released the following:

“Former Chief Technology Officer of San Jose Video Arcade Gaming Software Company Pleads Guilty to Conspiracy to Commit Mail and Wire Fraud, Conspiracy to Commit Bank Fraud

Manufactured and Sold Counterfeit Global VR Game Packs, Submitted False Information in Mortgage Applications To Secure More Than $3 Million in Loans From Countrywide Home Loans

SAN JOSE, CA—The former chief technology officer of Santa Clara, Calif., video game developer Global VR, and the former owner of NexTune Corporation, d/b/a UltraCade Technologies, pleaded guilty Friday to conspiracy to commit mail and wire fraud, and conspiracy to commit bank fraud, U.S. Attorney Melinda Haag announced. The charges were contained in separate indictments but consolidated for the guilty pleas.

David Foley, 46, of Los Gatos, Calif., admitted that, as charged in the first indictment, he manufactured thumb drives, known as “game packs,” containing video gaming software that could be loaded onto arcade video game machines made for the home market. Foley illegally produced the products from his home while working as the chief technology officer of Global VR, which had previously acquired all rights to produce and sell games under the UltraCade name. After producing the game packs, Foley sold the products to a co-defendant located in Milford, Conn., and agreed to sell the game packs to the public using packaging and advertisements that falsely represented the goods to have been genuinely manufactured by UltraCade. Foley thereafter received payment for the illegally manufactured game packs by mail and wire.

Foley further admitted that, as charged in the second indictment, he defrauded Countrywide Home Loans (now owned and operated by Bank of America) of mortgage and home equity line of credit loans in the amounts of $2,624,475 and $374,925. He did this by falsely claiming that he was still employed at Global VR. Foley had been fired from his job by the time the loan applications were submitted. Foley admitted that he instructed a co-defendant to contact Countrywide Home Loans to falsely confirm his continued employment, after his employment had been terminated and prior to receiving the funds.

United States District Court Judge Edward J. Davila allowed Foley’s continued release on a $100,000 bond and ordered him to return to court on April 30, 2011, at 9 a.m. for sentencing.

The maximum statutory penalty for conspiracy to commit mail fraud in violation of 18 U.S.C. § 1349 is 20 years in prison and a fine of $250,000 or twice the gross gain or loss, a mandatory special assessment and restitution. The maximum statutory penalty for conspiracy to commit bank fraud in violation of 18 U.S.C. §1349 is 30 years in prison, a mandatory special assessment, and a fine of $1 million and restitution. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Assistant U.S. Attorney Richard C. Cheng of the Computer Hacking and Intellectual Property (CHIP) Unit is prosecuting the case with the assistance of legal assistant Tracey Andersen. The prosecution is the result of a lengthy investigation by the Federal Bureau of Investigation.

Further Information:

Case #s: CR-09 00670-EJD and CR-11 00554-EJD”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

Federal Mail Fraud Crimes

Federal Crimes – Appeal

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To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Royal West Owner Charged in Alleged Securities Fraud Scheme

January 5, 2012

The Federal Bureau of Investigation (FBI) on January 4, 2012 released the following:

“Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and John V. Gillies, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce that Gaston E. Cantens, 73, of Miami, was charged in a criminal information with one count of conspiracy to commit mail and wire fraud, in violation of Title 18, United States Code, Section 371.

According to the Information filed in court, Royal West Properties, Inc. (“Royal West”) was a Miami-Dade corporation that promised to pay investors a fixed rate of return on investments made with the company. Gaston E. Cantens was the president of Royal West Properties, Inc. In this capacity, Cantens allegedly recruited individuals to invest in Royal West by promising investors that their investments would be guaranteed by properties or mortgages that acted as collateral.

According to the information, Cantens misappropriated money from investors by making materially false representations and concealing and omitting to state material facts concerning, among other things, the financial condition of Royal West, the manner in which mortgages and properties were assigned as collateral to investors, the assignment of non-performing mortgages, the assignment of mortgages that were paid in full, the proper recording of mortgages, and the recording of investors’ interests in properties and mortgages.

Specifically, the Information alleges that Cantens told investors that their moneys were collateralized by individual properties but failed to inform them that the collateralized properties had previously been assigned to other investors. Cantens received moneys from investors based on these misrepresentations, and used the moneys for his personal benefit and to further the fraud scheme.

The information alleges specific instances of fraud. For example, according to the Information, in February 2008, Cantens allegedly assigned a property to Our Lady of Belen Jesuit as collateral for an investment. In May 2008, Cantens assigned the same property again as collateral to investor “R.R.” for an investment. In addition, according to the factual proffer in the plea agreement filed today, Royal West sold the property to “V.R.” and assigned the mortgage on the property to yet another investor, “S.M.” Cantens never informed the investors, including Our Lady of Belen Jesuit, of the existence of other investors or their interests in the property.

Mr. Ferrer commended the investigative efforts of the FBI. Mr. Ferrer also commended the efforts of SEC Regional Director Eric Bustillo and his staff for their contributions to this investigation and its successful prosecution. The case is being prosecuted by Assistant U.S. Attorney H. Ron Davidson.

An information is merely an accusation and a defendant is presumed innocent until proven guilty.

A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

Federal Mail Fraud Crimes

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To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.