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Mortgage Fraud Defense

Obtaining money or property by any fraudulent means, device or scheme, is the underlying criminal act for prosecutions of mortgage fraud or bank fraud.

Providing false information, fraudulent documents, and material misrepresentations of income or assets to obtain bank financing can be prosecuted as a grand theft, forged or fraudulent document charge, bank fraud, wire fraud, or the newly minted crime of mortgage fraud.

These charges originate both in state courts and federal courts. Mortgage fraud as a crime category can be prosecuted under a multiple of criminal theories. Federal prosecutors often frame these cases as a wire fraud offenses. Wire fraud is the use of interstate electronic communication systems to perpetrate or advance a criminal enterprise in which a material misrepresentation is made for fraudulent financial or criminal solicitations.

In state courts prosecutors often move these cases under a more varied scheme of criminal charges. The complexity of the undertaking by fraud can be determinative of the criminal prosecution. Often a charge of theft is easier to prosecute than a scheme to defraud. In state courts local prosecutors have a higher comfort level when charging fraud, scheme to defraud, and theft charges.

In federal prosecutions, because of the broader scope of federal criminal statutes bank fraud and wire fraud on a more commonly charged.

Because of the complexity of these cases and the documents which are presented in any mortgage application, mortgage fraud cases are often considered white collar crimes. This complexity often leads to a confusion in the minds of both prosecutors and jurors. Mortgage fraud cases are won and lost in courtrooms because lawyers cannot clearly state their case. Both prosecutors and defense attorneys skilled in the art of trial preparation focus on communicating to the jury in simple terms.

During the years of 2005 through including 2007 rising real estate sales and prices precipitated a significant increase in a mortgage fraud cases. In the year 2008 the cities and jurisdictions in South Florida, led by Miami and Fort Lauderdale witnessed the largest increase in mortgage fraud prosecutions. In the first six months of 2008 the city of Miami saw over 50 mortgage brokers and real estate professionals arrested and prosecuted under the varied criminal theories of theft, fraud, and conspiracy to commit bank fraud, wire fraud and grand theft.

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THE POLITICS OF PROSECUTION MIAMI STYLE

Fort Lauderdale and Miami criminal courts will soon be flooded with grand theft and mortgage fraud trials.

Announcing that another 30 real estate professionals have been arrested the Mayor of Miami told reporters a total of 50 have been charaged with grand theft, fraud, mortgage fraud, forged or fraudulent documents, forgery and RICO charges.

South Florida ranks first in the US for mortgage fraud arrests.

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FORT LAUDERDALE AND MIAMI LEADS U.S. IN MORTGAGE BROKER ARRESTS

Leading a list of cities that features Fort Lauderdale, West Palm Beach, and Miami, the U.S. Attorney’s Office for the Southern District of Florida has, in the first half of 2008, arrested and charged a record number of mortgage brokers and real estate professionals.

Grant theft, wire fraud, money laundering, forged or altered documents and false fraudulent or altered appraisals lead the list of charges.

RICO and organized fraud and organized schemes to defraud in Florida can lead to prison terms of 15 to thirty years.

To date in Fort Lauderdale and Miami the Statewide Prosecutor’s office are neck-and-neck with the US Attorney in arrests.

Not surprisingly, criminal lawyers in South Florida have begun to focus their firms’ marketing to draw-in recently arrested mortgage brokers. Those new to these cases are increasingly turning to established criminal lawyers to help them once they have been retained.

Fort Lauderdale criminal attorney Ralph Behr has issued a third in a series of guides to local criminal attorneys who take on these cases. If you have been arrested have your criminal attorney contact Ralph Behr for the current guide on defending mortgage broker fraud charges.

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In Florida convicted felons cannot vote. Governor Crist has advocated returning civil rights to convicted felons after they have served their time.

Southern states such as Florida have a history of racially based obstructions for minority voters: tactics such as poll taxes, literacy laws, and political gerrymandering.

There are currently over one million African-Americans incarcerated, on parole or probation. Almost all of them are disenfranchised. They cannot vote.

Florida may have to reconsider the voting ban. The argument goes as follows: If the Supreme Court has ruled that the constitutional right to own guns cannot be outlawed by a legislature, then the right to vote should have similar constitutional protections.

If you have been arrested and charged with a felony in Florida contact your local criminal attorney. Know you rights and advocate for a change in the law.

Most criminal defense attorneys in Fort Lauderdale can and will help you to know the law and your rights. Call now, get active!

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On June 1, 2008 The Justice Department released its newest version of what are the Federal Sex Offender Registration standards. It is called the Sexual Offender Notification ACT (SORNA)

These new the guidelines are for the Adam Walsh Act’s sex offender registration and notification provisions of Florida and other states.

Sex Offenses in Florida include both violent sexual offenses such as rape (sexual battery) sexual assault, lewd assault and most crimes contained in F.S. chapter 800. A copy of the guidelines is avaialble from the feds.

Non violent sex offenses such as lewd adn lascivious behavior (FS 798.02) Exposure of sexual organs (FS 800.03) are all listed and defined in Chapter 800. Florida statute 794 covers: sexual battery, sexual felony offenders, unlawful sexual activity with minors and other sex crimes: see the statue for more listed sex crimes.

The amended act, known as the Adam Walsh Child Protection and Safety Act of 2006, is part of the Sex Offender Registration and Notification Act (SORNA).

The Department of Justice released the guidelines and cites the Offender Sentencing,Monitoring, Apprehending, Registering and Tracking (SMART) act for more information.

You can contact criminal defense attorney Ralph Behr, in Fort Lauderdale, for more information.

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The U.S. Supreme Court recently struck down the death penalty for sexual battery (rape) of a child. Eighty-five Republican congressmen wrote to the Court to tell them they got it wrong.

The letter said the Supreme Court had inaccurate information and should re-consider the death penalty. The letter noted that the rationale of “evolving standards of decency” ignored the re-instatement of death for child rape in the Uniform Code of Military Justice in 2006.

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Florida travel agencies are suing Florida to repeal a law making it more expensive to travel to….Iran?

The Florida legislature took time from its busy schedule of fixing Florida to repair the world.

SB 1310 requires a $1000.00 registry fee and a minimum $100,000.00 security bond of anyone traveling to Iran. The bond is to pay for services to anyone seeking to visit nations that sponsor terrorism.

Governor Crist signed the bill into law on June 23rd.

Florida has the 6th largest Iranian community in the US.

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Domestic violence, murder, and Florida criminal law

In a domestic violence case that will have a significant effect in South Florida the US Supreme Court ruled that introduction of the victim’s calls to the police cannot be introduced in a domestic violence criminal trial.

In the case of Giles v. California a prosecutor introduced reports of prior threats against the victim. The Supreme Court ruled the reports alone, without the right to cross-examine, violate the confrontation clause.

Domestic violence, battery, and date rape crimes, are an increasing focus of aggressive prosecutors in Florida. In fact, in Fort Lauderdale and Miami, criminal trials for these charges are so much a focus of prosecutors that special trial divisions have been created in Miami and Fort Lauderdale.

Domestic violence, and battery cases require a specialized knowledge for criminal trial lawyers to be effective. In South Florida many lawyers specializing in criminal trials and criminal defense have extensive trial experience in domestic violence cases.

If you or a loved one has been charged with battery, or domestic violence, call for a consultation with a criminal defense attorney experienced in that area of law. Local criminal defense attorney Ralph Behr is available to you for a free consultation. Attorney Behr has been practicing criminal law and criminal defense since 1976 and is available for telephone consultations.

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Criminal defense attorneys in Florida increasingly are speaking out against the politically targeted and politically motivated prosecutions mounted by the US attorney in South Florida.

Fort Lauderdale and Miami have seen arrests of local real estate professionals by the federal prosecutor in the Southern District of Florida explode in numbers and scope.

These arrests reflect the fact that Fort Lauderdale Broward County and Miami have witnessed the greatest increase and greatest fall in real estate values.

The political fallout is very real. The headlines made big news. Those arrested for fraud and theft are increasingly facing harsh sentences.

Defense attorneys in Fort Lauderdale Miami in Palm Beach see these arrests as a new cottage industry for South Florida prosecutors.

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The judges of the second judicial circuit on July 9, 2008 ruled that breath results can be admitted in evidence.

That means the 200 DUI cases currently on hold are going back to trial with the breath results.

Fort Lauderdale DUI lawyers last year took the same issue up to the appellate courts, and lost.

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