Former Loan Officer Sergio Martinez Indicted by a Federal Grand Jury with Bank Fraud, False Statement to Influence a Financial Institution, Wire Fraud, and Conspiracy to Commit Wire Fraud in an Alleged Mortgage Fraud Scheme

May 8, 2012

The Federal Bureau of Investigation (FBI) on May 7, 2012 released the following:

“Former Loan Officer and Resident of Tucson Indicted for Mortgage Fraud Scheme

TUCSON— Last week, a five-count indictment was unsealed. The indictment, which was returned by a federal grand jury on March 29, 2012, charges former loan officer Sergio Martinez, 35, of Tucson, with bank fraud, false statement to influence a financial institution, wire fraud, and conspiracy to commit wire fraud. Martinez was arrested on the indictment last month in Buffalo, New York.

The indictment alleges that Martinez participated in a scheme to defraud a financial institution in order to obtain financing. Although Martinez was not the listed loan applicant, he allegedly caused to be submitted a loan application that contained material false statements including: (1) a false representation that the loan applicant was self-employed; (2) a falsely inflated income; and (3) a false representation that no part of the down payment was borrowed. The indictment further alleges that another document submitted to the lender falsely represented that the borrower would provide $359,982.38 in cash to close the deal when, in fact, the borrower and Martinez received a separate loan that was used to provide most of that cash. These documents were allegedly provided to obtain $1.4 million in loans to purchase a $1.75 million home. After the financing was used to purchase the property, the home went into foreclosure due to lack of payments. The foreclosure resulted in a significant loss to the lender.

An indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

A conviction for bank fraud, false statement to influence a financial institution, wire fraud, and conspiracy to commit wire fraud each carries a maximum penalty of 30 years in prison, a $1,000,000 fine, or both. In determining the actual sentence, Judge Collins will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. Judge Collins, however, is not bound by those guidelines in determining a sentence.

The investigation preceding the indictment was conducted by the Internal Revenue Servic-Criminal Investigation Division and the Federal Bureau of Investigation. The prosecution is being handled by the U.S. Attorney’s Office, District of Arizona, Tucson.”

US v Sergio Martinez – Federal Criminal Indictment

18 U.S.C. § 1014

18 U.S.C. § 1343

18 U.S.C. § 1344

18 U.S.C. § 1349

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

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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.


Juan Delgado, Tucson Loan Officer, Indicted in Alleged Mortgage Fraud Scheme

November 16, 2011

The Federal Bureau of Investigation on November 15, 2011 released the following:

“TUCSON, AZ— A federal grand jury in Tucson returned an indictment against Juan Delgado of Tucson, Ariz., charging the defendant with four counts of wire fraud.

According to the indictment, Delgado received over $1 million in loans relating to the refinancing of three separate Tucson properties from March 2006 through July 2007. In obtaining these loans, Delgado submitted loan applications that contained material false information including falsely inflating his income and/or failing to disclose a liability. At the time of these loan transactions, Delgado was a loan officer. Each of the properties specified in the indictment went into foreclosure.

An indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

A conviction for wire fraud carries a maximum penalty of 20 years’ imprisonment, a $250,000 fine or both for each count. In determining the actual sentence, the judge will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.

The investigation preceding the Indictment was conducted by the Federal Bureau of Investigations. The prosecution is being handled by Jonathan Granoff, Assistant U.S. Attorney, District of Arizona, Tucson.

CASE NUMBER: CR-11-3886-TUC-RCC”

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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

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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.


Ralph Hunt a Border Patrol Agent Indicted by a Federal Grand Jury For Making False Statements

July 25, 2011

The U.S. Attorney’s Office District of Arizona on July 22, 2011 released the following:

“TUCSON, Ariz. – A federal grand jury in Tucson returned a three-count indictment on July 21, 2011, against U.S. Border Patrol Agent Ralph Hunt, of Tucson, for making false statements during a compelled interview. Hunt will be issued a summons to appear for an initial appearance on the indictment before a Federal Magistrate Judge.

The indictment alleges that on the afternoon of May 21, 2009, while on duty, Agent Hunt performed a traffic stop of a black GMC Denali. As Hunt approached the vehicle to question the occupants, the vehicle fled. After a pursuit that lasted approximately 45 minutes and over 30 miles, the occupants of this vehicle were arrested.

As part of his normal job duties when an arrest is made, Hunt prepared a Report of Apprehension, also known as an “I-44,” which documented the vehicle stop, the pursuit, the arrest of the occupants of the GMC Denali, and the seizure of marijuana. This I-44 is then submitted to the Drug Enforcement Administration in order for that agency to present the matter to the U.S. Attorney’s Office for criminal prosecution.

On September 25, 2009, as a condition of Hunt’s employment with the Border Patrol, the defendant participated in a compelled interview regarding the events that occurred during the pursuit and statements made in his I-44. Before this interview began, the defendant was advised that he could be subjected to criminal liability if he provided false statements or information during this interview. The indictment alleges that Hunt knowingly and willfully made three material false statements during this compelled interview. Count One alleges that Hunt falsely stated that he thought there was a child in a black GMC Denali that he had been pursuing, and that is why he told the Border Patrol dispatch to tell the Arizona Department of Public Safety that he was chasing a sexual offender and that there might be a child in the automobile. In truth and in fact, defendant knew that there was no child in the automobile and he is alleged to have intentionally made that statement to gain assistance of DPS.

Count Two alleges that Hunt falsely stated that the GMC Denali he was pursuing performed a U-turn and attempted to run him off the road, when in truth and in fact, the driver of the suspect automobile did not make a U-turn and did not attempt to run the defendant off the road.

Count Three alleges that Hunt falsely stated that the driver of the GMC Denali avoided attempt to spike the vehicle’s tires near Milepost 16 on State Road 286 by driving in hazardous manner. In truth and in fact, the driver did not avoid the spiking attempt by driving in a hazardous manner, nor did the defendant see the manner in which the driver avoided the spiking attempt and no other agent communicated to the defendant how the driver avoided the spiking attempt.

A conviction for a false statement carries a maximum penalty of 5 years in prison, a $250,000 fine or both. An indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The investigation preceding the indictment was conducted by the Office of Internal Affairs for U.S. Customs and Border Protection, in Tucson. The prosecution is being handled by Karen Rolley and Eric Markovich, Assistant U.S. Attorneys, District of Arizona, Tucson.

CASE NUMBER: CR-11-2572TUC RCC/DTF”

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

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

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