6 Miami-Dade Mortgage Fraud Defendants Plead Guilty To Roles In $17 Million Mortgage Fraud Enterprise

TALLAHASSEE, FL – August 18, 2008 – (RealEstateRama) — Attorney General Bill McCollum today announced that six South Florida individuals have pleaded guilty to their roles in a criminal mortgage fraud operation that defrauded several financial institutions out of more than $17 million. The six were among 15 who were arrested in July after a 10-month investigation conducted by the Miami-Dade Police Department’s Mortgage Fraud Task Force, the United States Secret Service and the Attorney General’s Office of Statewide Prosecution. The defendants faced charges of racketeering, conspiracy to commit racketeering, mortgage fraud, grand theft, identity theft and money laundering.

“As mortgage fraud continues to victimize Florida’s homeowners, I am pleased to see a strong commitment by our local, state and federal authorities to investigate, arrest and prosecute the perpetrators,” said Attorney General McCollum.

Authorities believe the scheme involved the use of two separate title companies located in Miami-Dade County. The conspiring title agents would prepare fraudulent HUD-1 statements on behalf of the other co-conspirators which would then be provided to the lender. A HUD-1 settlement statement is a document that informs the lender how disbursements will be made after a loan is funded. Many of the HUD-1 statements involved in this case contained fraudulently inflated sales contract prices. For example, a seller might believe his or her property sold for $1.6 million, but a fraudulent HUD-1 statement might reflect the contract sales price for the property as $2.25 million.

Upon receiving the fraudulent HUD-1 statement, the lender would fund the loan believing the property sold for the inflated sales price. The title agent, acting on behalf of the other co-conspirators, would then transfer the fraudulently obtained profits into a bank account of either a third party or a shell company controlled by one of the co-conspirators.

Pleading guilty are the following individuals:

Monica Fergusson (DOB 12-30-70) pleaded guilty to conspiracy to commit racketeering. She faces up to five years in prison when sentenced at a later date and must pay $20,000 to the Task Force as well as costs of prosecution and investigation.

Diana Diaz (DOB 10-01-67) pleaded guilty to conspiracy to commit racketeering. She faces up to five years in prison when sentenced at a later date and must pay $20,000 to the Task Force as well as costs of prosecution and investigation.

Mari Matilde Leony Rodriguez-Triana (DOB 02-24-64) pleaded guilty to conspiracy to commit racketeering. She faces up to three years in prison when sentenced at a later date and must pay $10,000 to the Task Force as well as costs of prosecution and investigation.

Raisa Diaz (DOB DOB 12-11-73) pleaded guilty to conspiracy to commit racketeering. She faces up to three years in prison when sentenced at a later date and must pay $10,000 to the Task Force as well as costs of prosecution and investigation.

Mario Lubian (DOB 10-03-61) pleaded guilty to mortgage fraud and was sentenced to one year of community control to be followed by four years of probation including 90 days of county jail. He must also pay $10,000 to the Task Force as well as costs of investigation and prosecution.

Marlene Norono (DOB 09-08-60) pleaded guilty to conspiracy to commit racketeering. She faces up to three years in prison when sentenced at a later date and must pay $15,000 to the Task Force as well as costs of prosecution and investigation.

Restitution for all of the defendants shall be determined at the time of sentencing. Charges against nine defendants are still pending.

The Attorney General’s Office of Statewide Prosecution is a member of the Miami-Dade Police Department’s Mortgage Fraud Task Force and prosecutes criminal cases involving organized crime, racketeering and other multi-jurisdictional charges.

Contact:
Sandi Copes
Phone: (850) 245-0150