Federal Jury Convicts Real Estate Agent And Loan Processor On Racketeering Charges

Federal Jury Convicts Real Estate Agent And Loan Processor On Racketeering Charges

The following press release was published by the U.S. Department of Justice, Office of the United States Attorneys on Oct. 23, 2013. It is reproduced in full below.

United States Attorney Anne M. Tompkins Western District Of North Carolina

Defendants Were Among 91 Defendants Charged In Operation Wax House

CHARLOTTE, N.C. - Following a week and a half long trial, a federal jury today convicted a real estate agent and a loan processor on all charges relating to a $75 million racketeering conspiracy, announced the U.S. Attorney’s Office for the Western District of North Carolina. Today’s convictions are the latest in Operation Wax House, an investigation which began in 2007 and has netted 91 defendants to date, 80 of which have pleaded guilty or have been convicted following a trial.

Nathan Shane Wolf, 42, of Charlotte, a licensed real estate agent in North Carolina, was convicted of all three charges against him in the indictment: Racketeering Conspiracy, Bank Fraud, and Money Laundering Conspiracy.

Denetria Montresa Myles, 42, of Charlotte, a loan processor and licensed notary public in North Carolina, was also convicted of all charges against her in the indictment: Racketeering Conspiracy, and Bank Fraud.

The United States Attorney’s Office is joined in making today’s announcement by John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Jeannine A. Hammett, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation (IRS-CI).

The federal criminal trial began on Tuesday, Oct. 15, 2013, before Senior U.S. District Judge Graham Mullen. According to evidence introduced at trial, the enterprise operated from about 2005 until 2012, when indictment was unsealed. The enterprise engaged in an extensive pattern of racketeering activities, which included investment or securities fraud, mortgage fraud in the form of wire fraud and bank fraud, and money laundering.

According to trial evidence, defendants Wolf and Myles were participants in the enterprise’s mortgage fraud operations, accounting together for over $13 million in fraudulently-obtained loans. Witnesses testified that Wolf arranged for builders of luxury real estate to pretend to sell such real estate at an inflated price - what Wolf called the “gross price" - in order to get an inflated mortgage loan from a bank. In reality, the builders accepted the true, lower, price - what Wolf called the “strike price" - while Wolf arranged for the difference between the inflated price and the true price to be paid from the loan proceeds as kickbacks. Such kickbacks were funneled through sham companies and disguised to look like payments for work actually done on the real estate. The evidence established that the work was never done, but instead these kickbacks were payments to the buyers and promoters who helped bring the parties to the fraud together. According to the evidence at trial, the kickbacks generally ranged from approximately $50,000 to almost $600,000.

According to trial testimony, defendant Myles was a promoter for the enterprise, working with one of her co-conspirators also charged in the superseding indictment, Nazerre Saddig (currently a fugitive), to purchase a luxury home so that Myles could receive a $100,000 kickback disguised as a payment for “upgrade repairs" that were never done. According to trial evidence, Myles also purchased one such home in her own name for a kickback of nearly $80,000, paid to a company in the name of her husband. In other transactions, Myles facilitated the identity theft of a victim whose name and credit information was used to buy two homes and obtain in excess of $1 million in loans by Myles falsely notarizing that the victim had signed the loan documents, when, in fact, the victim’s identity had been stolen and the victim never signed the documents nor appeared in front of Myles.

Following the jury’s convictions, both defendants consented to forfeiture in an amount to be determined, and were released on bond pending the scheduling of their sentencing hearings. At sentencing, Wolf faces a maximum prison term of 70 years, and Myles faces a maximum prison term of 50 years. In determining their actual sentence, the Court will consider the U.S. Sentencing Guidelines, which are not binding but provide advisory sentencing ranges. Sentencing dates for the defendants have not been set yet.

Twenty-six defendants were charged in the case. Eleven defendants remain for trial, including two who are international fugitives. Each remaining defendant and his or her status are listed below.

• Ramin Amini, 45, of Tehran, Iran, is charged with racketeering conspiracy, mortgage fraud and money laundering conspiracy. Role: Leader and promoter in the scheme. Status: International fugitive.

• Frank DeSimone, 41, of Charlotte is charged with racketeering conspiracy, securities fraud, wire fraud to defraud investors, and money laundering conspiracy. Role: Promoter. Status: On bond; Scheduled for trial in January 2014.

• Lori Dooley, 49, of Washington, D.C. is charged with racketeering conspiracy, mortgage fraud, and bank bribery. Role: Promoter. Status: Detained; Scheduled for trial after January 2014.

• Toby Hunter, 38, of Fort Mill, S.C. is charged with racketeering conspiracy, securities fraud, wire fraud to defraud investors and money laundering. Role: Promoter. Status: On bond; Scheduled for trial January 2014.

• Steven Jones, 45, of Waxhaw, is charged with securities fraud, wire fraud to defraud investors, money laundering conspiracy and racketeering conspiracy. Role: Promoter. Status: On bond; Scheduled for trial January 2014.

• Kurosh Mehr, 52, of Charlotte is charged with racketeering conspiracy, mortgage fraud and money laundering. Role: Promoter and buyer. Status: On bond; Scheduled for trial after January 2014.

• Ann Tyson Mitchell, 62, of Charlotte, is charged with racketeering conspiracy, mortgage fraud and money laundering. Role: Facilitator. Status: On bond; Scheduled for trial after January 2014.

• John Wayne Perry, Jr., 32, of Charlotte, is charged with racketeering conspiracy and money laundering conspiracy. Role: Promoter. Status: On bond; Scheduled for trial after January 2014.

• Nazeere Saddig, 41, formerly of Charlotte, is charged with racketeering conspiracy and mortgage fraud. Role: Promoter and buyer. Status: International Fugitive.

• Carrie Tyson, 59, of Winterville, N.C., is charged with racketeering conspiracy, securities fraud, mortgage fraud, wire fraud to defraud investors and money laundering. Role: Leader and promoter. Status: Detained (bond review pending); Scheduled for trial January 2014.

• James Tyson, Jr., 32, of Dakar, Senegal, is charged with racketeering conspiracy, securities fraud, mortgage fraud, wire fraud to defraud investors, bank bribery and money laundering. Role: Leader and promoter. Status: Detained; Scheduled for trial January 2014.

Operation Wax House in the Western District of North Carolina is being handled by the Charlotte Division of the FBI and the Criminal Division of the IRS for the Financial Fraud Enforcement Task Force, along with the Securities Division of the North Carolina Secretary of State. The United States Attorney’s Office also relied heavily on the expertise and assistance of the North Carolina Real Estate Commission. The Wolf and Myles prosecution for the government was handled by Assistant United States Attorneys Kurt W. Meyers and Maria K. Vento.

The President’s Financial Fraud Enforcement Task Force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes. For more information on the task force, visit www.stopfraud.gov.

The names and case numbers of the all the defendants charged to date in Operation Wax House are listed below, organized by their alleged role in the scheme.

Attorneys and Paralegals

Crawford/Mallard, Michelle 3:11cr374

Gates, Christine 3:09cr100

Norwood, Kelli, 3:09cr162

Rainer, Demetrius 3:08cr239/241

Smith, Troy, 3:08cr264

Bank Insiders

Brown, Jamilia, 3:10cr124

Eason, Danyelle, 3:10cr116

Henson, Vic. F., 3:10cr124

Jackson, Mitzi, 3:11cr374

Ramey, Bonnie Sue, 3:10cr124

Builders and Sellers

Fink, James, 3:11cr374; 3:12cr239

Jackson, Jennifer, 3:09cr241

Smith, Kelvis, 3:12cr238

Viegas, Jeffrey, 3:12cr298

Wittig, Mark, 3:12cr335

Wood, Gary, 3:09cr208

Facilitators and Financiers

Hickey, Denis, 3:09cr103

McClain, Landrick, 3:10cr124

Mitchell, Ann Tyson, 3:12cr239

Panayoton, Sherrill, 3:11cr176

Taylor, Alicia Renee, 3:10cr124

Wilson, Willard, 3:09cr161

Buyers

Banks, Arketa, 3:12cr297

Hillian, Kirk, 3:12cr83

Mathis, Charles, 3:10cr1

Mobley, Sarena, 3:10cr124

Moore, George, 3:12cr337

Richards, Dan, 3:10cr119

Smith, Kevin, 3:12cr341

Tyler, Glenna, 3:11cr200

Vaughn, Mary, 3:12cr329

Wallace, Jamaine, 3:12cr330

Wellington, William, 3:12cr333

Notary Public

Willis, Anthony, 3:09cr218

Appraiser

Darden, Clinton 3:10cr108

Mortgage Brokers

Bradley, Bonnette, 3:12cr299

Clarke, Linda, 3:10cr120

Flood, Ericka, 3:10cr124

Goodson-Hudson, Crystal, 3:12cr339

Mahaney, Robert, 3:12cr34-0

Scagliarini, Coley, 3:11cr374

Staton, Walter, 3:10cr113

Vaughn, Danielle, 3:12cr329

Williams, Marcia, 3:12cr334

Williams, Sean, 3:12cr336

Woods, Joseph, 3:09cr178

Real Estate Agents

Belin, Chris, 3:11cr374

Clark, Christina, 3:09cr44

Lee, Shannon, 3:12cr338

Pasut, Holly Hardy, 3:12cr331

Wolf, Nathan Shane, 3:12cr239

Wood, Gary, 3:09cr208

Promoters

Amini, Ramin, 3:12cr239

Barnes, Vonetta Tyson, 3:12cr239

Brown, William, 3:12cr239

Bumpers, Travis, 3:12cr239

Carr, Stephen, 3:10cr124

Clarke, Benjamin, 3:12cr239

Clarke, Reuben, 3:10cr120

Coleman, Gregory, 3:10cr118

DeSimone, Frank, 3:12cr239

Dooley, Lorie, 3:12cr239

Hitchcock, Jimmy, 3:11cr374

Hubbard, Glynn, 3:12cr239

Hunt, Victoria, 3:12cr239

Hunter, Toby, 3:12cr239

Johnson, Ralph, 3:12cr239

Jones, Steven, 3:12cr239

Jones, Tyree, 3:10cr230

Long Waylon, 3:12cr239

Marshall, Michael, 3:07cr283

McDowell, John, 3:12cr239

McPhaul, Elizabeth, 3:10cr114

Mehr, Kurosh, 3:12cr239

Mitchell, Ann Tyson, 3:12cr239

Moye, Melvin, 3:12cr239

Myles, Denetria, 3:12cr239

Newland, Matthew, 3:12cr239

Perry, John Wayne, Jr., 3:12cr239

Perry, Kim, 3:10cr25

Phillips, Rick, 3:10cr115

Saddig, Nazeere, 3:12cr239

Sharreff-El, Drew, 3:10cr124

Sherald, Kiki, 3:10cr117

Simmons, Aaron, 3:09cr240

Snead, Todd, 3:10cr124

Staton, Lisa, 3:10cr113

Thorogood, Donte, 3:12cr239

Tyson, Carrie, 3:12cr239

Tyson, James, Jr. 3:12cr239

Tyson, James, Sr., 3:12cr239

Wellington, Phillip, 3:12cr332

Wood, Purnell, 3:12cr239

Source: U.S. Department of Justice, Office of the United States Attorneys

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