In the state of Georgia, there has been an increase in the rate at which people are charged for committing mortgage fraud. State prosecutors take these charges seriously and frequently seek strict penalties. The consequences of being convicted of mortgage fraud can include having your license revoked as well as increased difficulty in obtaining employment…. Read More
In criminal law, both at the state and federal levels, there are many possible crimes that can be considered fraud—wire fraud, mail fraud, tax fraud and healthcare fraud, for example. But what constitutes fraud in the eyes of the law? How do prosecutors decide when fraud has actually been committed, and how do they go… Read More
There are several ways to challenge the application of the ACCA in court since the decision in Johnson. On direct appellate review. A decision invalidating the ACCA’s residual clause as unconstitutionally vague will apply in any case where the prisoners conviction has not yet become final Prisoners on collateral review per 28 USC 2255. It… Read More
The term “mortgage fraud” is a broad term referring to any transaction to obtain a mortgage through unlawful means. Under this broad definition, both borrowers and lenders may commit mortgage fraud at some level. Let’s take a brief look at both scenarios. LENDER MORTGAGE FRAUD When the fraud is committed by a lender, it’s often… Read More
A recent federal trial in which a loan processor was accused of conspiring with several other parties to defraud a mortgage company ended abruptly when the judge dismissed all criminal charges against the defendant. The woman’s attorney lauded the outcome, stating that his client was acting in good faith in her job and had no… Read More
White collar crimes are some of the most complex types of criminal behavior. One of the reasons that they can be so intricate is that they can often involve people who would not generally be involved in breaking laws. They are non-violent and motivated by economic gain, which can mislead some folks into thinking that… Read More
A search warrant is, in effect, a document that is supposed to balance the needs of law enforcement and the individual. The government wants something — whether drugs, documents, evidence of foul play or myriad other things it states are illegal or promote illegality — and the individual wants the comfort of knowing that he… Read More
A nationally syndicated radio talk show host and Chicago attorney was indicted in Illinois federal court late last month for his alleged role in a mortgage fraud ring. His attorneys say he is innocent and that it “is not a close case.” Warren Ballentine steadfastly denies his involvement in a fraudulent scam that investigators say… Read More
Much of the American public is still calling for the heads of many unpunished Wall Street CEOs and executives responsible for the financial fallout that triggered the recent economic recession. Notwithstanding that, the government has made an example out of jailing a borrower for 21 months after committing an act of mortgage fraud that was… Read More
The federal government has filed a civil lawsuit alleging mortgage fraud on behalf of corporate entities and, potentially, individual employees of those businesses. The case underscores the criminal culpability that can attach to persons who were ordered by their supervisors to take various actions or, alternatively, were unaware they were breaking any laws in going… Read More