September 30, 2006

Fraud Is Keeping Air In The Real Estate Bubble

The Oregonian






























It seems like every month, I’m running into people passing out a slick new business card that announces them as a real estate agent or mortgage broker.

Who wouldn’t want to get a piece of the action? On certain Portland streets, housing prices are doubling in a matter of months. And when there’s this kind of temptation to make quick money, greed can’t be far behind.

Insiders call it land flipping. Silent second. Straw buyers. Foreclosure fraud. Equity skimming. Air loans. If there’s a thought to do it, there’s a scheme attached to it.

"It’s the fastest-growing white collar crime in the country," says California attorney Rachel Dollar, whose Web site, www.mortgagefraudblog.com, helps lenders across the country learn about who’s doing what to whom. "There’s 101,000 schemes. They come up with new ones all the time."

In July, one of Oregon’s most prolific con men, Clifford Brigham — also known as C.J. and Cleveland — and Melodie MacDuffee were indicted on charges that they allegedly defrauded lenders out of $5 million between October 2004 and August 2005. At the time, Brigham was on release from federal prison pending appeal of his 2003 conviction for another scheme.

So, Portland’s latest mortgage fraud allegations — which involve three folks who are well-known in real-estate circles for being financially successful in their craft — are not the most egregious.

Last week, Leanne Booth, 48, a real-estate loan broker; Troy Martin, 40, a real estate sales agent; and Ryan Bonneau, 30, a former mortgage loan originator, were indicted on money laundering and wire fraud charges. They are accused of selling two Marine Drive homes at inflated prices so they could pocket the profits. Between the three of them, they couldn’t have cleared much more than $250,000.

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September 3, 2006

For Sale By al-Queda

A for-sale-by-owner Web site that is registered to a loan officer in Ohio also contained a cache of information about a suspected al-Qaeda operative captured in Pakistan last year and an Islamic militant movement.

Pages embedded within The For Sale By Owner Association Inc. Web site, at www.fsboa.com, contained Arabic writings attributed to Abu Musab al-Suri (al-Suri translates as "The Syrian"), who is also known as Mustafa Setmarian Nasar. Nasar was reportedly arrested in Quetta, Pakistan, in November 2005 and is rumored to be in U.S. custody, though his location remains a secret.

Alan Isham, the creator of the Web site who is a loan officer for 1st Metropolitan Mortgage in Pepper Pike, Ohio, said he hadn’t added anything to the Web site for two years and had nothing to do with the Arabic-language materials at the site. "Somebody hacked into the site," he said. The www.fsboa.com Web site was registered in Isham’s name in 1998.

"I just had no idea it was even there. I haven’t uploaded anything into the site for over 24 months. It’s kind of a dead site."

The entry page to the For Sale By Owner Association Inc. site included links to property search, mortgage information, membership information and chat pages, and invited sellers to "post ads instantly" and to "advertise your property for free," though many of the links at the site were not functioning. There were no links from the site’s home page that connected directly to the Arabic content at the site.

Isham said he was told by government officials earlier this year not to take down the Web site.

"I was actually contacted by government officials and asked about (the site). I was asked to leave it be because they were monitoring it," Isham said Thursday. But the attention about the site is endangering his reputation, Isham said, adding that he has asked to shut the site down. As of this morning, the www.fsboa.com site was not active.

The site had contained links to dozens of pages of text and images of a sword and a quill pen. The Islamic militant materials within the Ohio-based FSBO Web site were publicized earlier this year in a March 28 article by the Jamestown Foundation, a public policy group that researches events and trends in societies considered "strategically or tactically important to the United States."

The foundation cited a statement by Nasar at the www.fsboa.com/vw Web site and reported that Nasar is "one of al-Qaeda’s top ideologues" and "has proved to be the movement’s most significant strategic brain."

In late August, conservative FrontPage Magazine and author and counter-terrorism consultant Laura Mansfield published information about the possible terrorist connections to the Ohio FSBO site on their Web sites.

U.S. officials have said that Nasar was a trainer at Osama bin Laden’s camps in Afghanistan. A Spanish citizen, Nasar was named in a Spanish indictment in 2003 for alleged terrorist activities connected to al-Qaeda. He also had spent time in London in the mid-1990s before traveling to Afghanistan, according to reports. A message last month attributed to Nasar called upon militant groups across Europe to "awaken" and "move fast" to carry out more terror attacks against Britain, according to news reports.

A Google Language Tools Arabic-to-English translation of materials that were posted at the www.fsboa.com/vw site appears to be a statement by Nasar refuting media reports and allegations by the U.S. government about the extent of his involvement in terrorist activities.

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August 6, 2006

Home Buyers Lose life Savings to Builder

Fifteen months ago, Jason and Heather Wells signed over their life savings to have a dream home built in a brand-new Apopka subdivision.

"We were so excited," Jason Wells recalled. "We picked out colors. We were visiting the property every week, visualizing how it would look."

The only problem: "Nothing was happening."

The Orlando builder who had taken their $75,000 down payment — and had no black marks with city officials or the local Better Business Bureau — also withdrew about $100,000 from the couple’s construction loan with a local bank. Still, nothing.

"It was one disappointment after another," Jason Wells said. "They kept saying they would start next week."


The Wells family, Jason, 35, Heather, 29, and Sidney 1, lost $175,000 on an over 3,000 square foot home in Apopka that was supposed to be built for them by Barrington Homes. There move in date was set to take place late last year, but the land where their home was to be built, along with of the homes of those who would have been their neighbors is still undeveloped. "It’s been a huge lesson in perspective," Jason Wells says, "even though this is not what we believed that we were getting, and even though we are living in only 1,000 square feet, we live better than most of the planet. We’ve learned a lot.   A hundred or more other would-be homeowners are in the same jam. They each paid thousands of dollars — in at least one case, nearly a half-million dollars — in down payments and loan installments for homes that were never built, in subdivisions that in some cases were never constructed.


The suspect: Barrington Homes Inc., a 4-year-old company whose two principals, John and Deanna Barrington, have been arrested on federal conspiracy and fraud charges. The company’s employees have been fired. Its headquarters in south Orlando has been foreclosed on and sold.

Customers briefed by federal investigators say an estimated $5 million to $10 million is missing. And the company has virtually no assets to seize.

"We’ve just been devastated by this," said Jason Wells, who like some Barrington victims is trying to salvage what he can of his family’s investment.

Wells, one the few Barrington victims willing to talk about his plight, said he and his wife thought they had done everything they could to protect themselves.

Wells had researched John Barrington and his company on the Internet and with the Better Business Bureau. He had talked to the city of Apopka about the builder’s local reputation, since he was working on three subdivisions there — Paradiso Park, where the Wellses had bought land; Meadow Woods Estates; and Promise Place Estates.

He had visited the company’s headquarters, where he saw a bustling enterprise with about 30 employees. An established financial institution in Casselberry, R-G Crown Bank, was lending substantial amounts of money for Barrington projects, he said.

What the Wellses — and the bank — didn’t know was that John Barrington was a convicted felon known as John Jakows, who had changed his last name in state court to hide his criminal past.

"How can a felon be allowed to change his name?" Wells asked. "That’s so frustrating. No wonder we couldn’t find anything out."

John and Melissa McConnell of west Orange County paid Barrington $200,000 cash and watched as nearly $250,000 of a $715,000 construction loan was disbursed to the builder. Yet no work was done on the home they were planning in Lake Cawood Estates near Windermere. John McConnell said he and his wife bought the lot from John and Deanna Barrington. Lake Cawood Estates is not a Barrington Homes development and is not under investigation.

"There’s not even a rusty nail on the lot," John McConnell said. "This has been a nightmare for us."

The couple, meanwhile, have continued paying R-G Crown Bank about $1,700 a month interest on the loan for their nonexistent house.

"I researched John Barrington and the company and found nothing," Melissa Radley-McConnell said.

"Stress is so hard on the body," she added. "John and I are determined not to let this affect our health."

Even some real-estate professionals were stung by the Barringtons.

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July 26, 2006

Exposing The Big Credit Squeeze

by Danny Schechter; MediaChannel.org;

When I started out, my film was going to be about other people’s economic woes. Pretty soon I realized I was part of this story of how the credit industry targets poor and middle-class Americans. Not only was I a target, too, but all of us are.

There is a credit divide in America that fuels our economic divide. Put another way, the globalization of our economy is about more than outsourcing of jobs. There is a deeper shift underway from a society based around production, with the factory as the symbol of American economic prowess, to a culture driven by consumption, with the mall as its dominant icon.

My film, titled “In Debt We Trust,” combines story telling, often in a voice laced with outrage, with investigative inquiry. It’s about a nation where our credit score is the only score many people and institutions care about, and where vast data bases record our every purchase and consumer choice. Ours has become a nation in which the carrot of instant affluence is quickly menaced by the harsh stick of bill collectors, lawsuits, and foreclosures. And yet, this bubble can burst: The slickest of our bankers and the savviest of our marketers have not been able to undo the law of gravity, that what goes up must come down.

Viewers of our film will be transported behind the scenes to meet the biggest scammers of them, the engineers and operators of the billion dollar credit card industry who have researched the details and minutiae of consumer needs and our fantasies so that they can deploy the deceptive art of seductive marketing and modern usury. We will scrutinize a carefully conceived but stealth electronic Web, designed to entrap, cajole, and co-opt the most powerful consumer culture on earth. It teases us with a financial advance when we want it, then sucks it away from us with more force than we realize.

 

Reporting These Stories

In the old days the poor couldn’t qualify for loans. Today, they are considered among the better risks because unlike the rich many feel an obligation to pay back. Steve Barnett, who worked in the credit card industry and will appear in our film, explains: “These are the perfect customers. They need credit, so they’re not all that concerned about interest. They’ll take a higher interest if you will grant them credit.
They’ll pay off a small amount each month so they’re in a sense ‘on the hook.’ And because of their own sense of values or because of their own background, their family background, they’re not likely to declare bankruptcy again. Given the change of laws that’s more difficult anyway.” And manufacturers now know they can spur sales by lending money to buyers up front and then get them to pay twice—first, at the register, then with credit card payments, big interest rates and compounded interest.

Given the ubiquitousness of these practices – and the reasons why they exist and persist that stretch from corporate America into the halls of government and revolve around issues of corporate greed and political favors – the expanding gaps between those who have (and then have more) and those who don’t (but pay anyway) need to be explored and exposed by journalists. I am raising this issue, and suggesting ways that it can be reported, because I believe this is an essential story for us to tell.

• Report more regularly on these credit issues; billions of dollars are involved, not to mention millions of lives.

• Identify the key corporate institutions and contrast the compensation of their executives with the financial circumstances of their customers.

• Shine a spotlight on how special interests and lobbyists for financial institutions contribute to members of Congress and other politicians, across party lines, to ensure their desired policies and regulations.

Investigate political influence affected by campaign contributions. Some reporting about this took place during the bankruptcy debate, but there has been little follow-up.

• Examine the influence credit card companies have on media companies through their extensive advertising.

• Take a hard look at the predatory practices in poor neighborhoods – and crimes committed against poor and working class people, who are least able to defend themselves. Legal service lawyers tell me that they are overwhelmed by the scale of mortgage scams involving homes whose value have been artificially inflated.

• Focus attention on what consumers can do to fight back. Robert Manning, author of “Credit Card Nation,” explains: “If ten percent of American credit cardholders withheld their monthly payments, it would bring the financial services industry to a standstill. At a larger issue, what we have to do is to get people involved at the state level, get their state attorney generals involved, aggressively filing class action lawsuits and then putting pressure on key legislators to say, ‘This is unacceptable that they’re not representing and balancing the issues of commerce with consumers. The balance is tilted dramatically against the average American.’”

 

The Story’s Key Ingredients

Class struggle is assuming a new form in the conflict between creditors and lenders that reaches into many Americans’ homes, where each month bills are juggled and rejuggled with today’s credit card bills paid by tomorrow’s new card. Meanwhile, with interest compounding at usurious rates, indebt ness grows and people sink even deeper into debts they cannot manage. In this conflict, companies function as well-organized machines while borrowers are forced to react as individuals. Many are browbeaten with lectures about “personal responsibility” by corporations that only pay lip service to any form of social responsibility.

Centuries ago, we had debtors prisons. Today, many homes BECOME similar kinds of prisons, where debtors struggle with personal finance issues. The scale of indebtedness is staggering as consumers simply follow their government’s lead. As of Christmas 2005 the national debt stood at: $8,179,165,267,626.42. Break that down and each American’s share comes to $27,439.48, and our nation’s debt increases $2.83 billion each day. Add to that two trillion more for consumer debt including mortgages. That’s a lot of money.

Who is really responsible for it? Few of us seem to know. And fewer appear to know what can be done about it. “They’re never going to be repaid,” says economic historian Michael Hudson who for many years worked at Chase Bank. “Adam Smith said that no government had ever repaid its debts and the same can be said of the private sector. The U.S. government does not intend to repay its trillion dollar debt to foreign central banks and, even if it did intend to, there’s no way in which it could. Most of the corporations now are avoiding paying their pension fund debts and their health care debts.”

The government and big companies might not have to pay, but regular people do, as our collective consumer debt has doubled to the past ten years. With mortgage debt included, it’s now reached seven trillion dollars. Hudson compares the plight of millions of debtors in the United States to serfs of an age gone by: “For many people, debts now absorb 40 percent of their income. So many people are paying all of their take home wages over and above basic expenses for debt service. And that’s rising. In effect, 90 percent of the American population is indebted to the top 10 percent of the population.”

The coffers of creditors – funded by the most prestigious banks and financial institutions – are swelling with payments for arbitrarily imposed late fees and RISING interest rates that seem to be largely unregulated. Borrowing is now a national habit. Fueling this shift globally has been our national debt—now in the trillions—as other countries finance our trade imbalances and keep our economy strong. Without that influx of money, the U.S. economy would be in crisis. Everyone in the know knows this, but they do little to deal with it, relying on the theory that if it ain’t broke, don’t fix it. Occasional warnings and lots of noise surface about cutting the government’s annual deficit, including a devastating report by Comptroller General Davis Walker who compares the United States today to Rome before its fall. He is dismissed as a “prophet of gloom: and barely covere din the press our debts keep growing. All of this borrowed money keeps people pacified and, for the most part, politically complacent for now..

So many of us live beyond our means. This is not news, but isn’t found in most news reporting is how this shift has been engineered through corporate decisions that are aided and abetted by government polices. Questions of by whom and for whom need more and better investigation, as well as a look at who are the losers and who are the winners.

Business reporting that focuses on the upticks and downticks of the market provides little room for explanation, analysis or connecting-the-dots journalism. In part, that is a result of the fact that many of our major media companies don’t operate in a world apart from these pressures. At least ten credit card solicitations have arrived recently in my mail, and the Disney (owner of ABC television network) card was in that pile. Many credit cards boast of partnerships and discounts from media companies and entertainment providers, from subscriptions to DVDs. Like car companies and airlines before them, the media industry has discovered that there’s money to be made in the credit business, and so credit card companies become big media advertisers. Why alienate them?

This credit squeeze is hitting the news business, too. Jobs are being cut and reporting trimmed. Joe Strupp of Editor & Publisher observed in his 2005 media wrap up, "Using the bizarre premise that newspapers can bring back lost circulation and ad revenue by making their products worse, top executives at major chains from The New York Times Company to Tribune took a butcher knife to staffing with buyouts and layoffs that appeared almost epidemic."

What happens to news business employees laid off in this environment? Like those in other industries where cost-cutting leads to unemployment, they enter what insiders in the credit business call “the turnstyle,” living on more and more credit from cards, soon to be followed by a dip into home equity. Nor have wages and benefits kept up with inflation, and many are being cut. Health care extensions after a job ends are over within a year, and then what? What’s the alternative? More debt is one of the few accessible options. The turnstyle keeps turning as personal debt keeps growing.

These issues and scams can be reported, and they must be not just in consumer advice columns and soft features but with hard-hitting and serious investigative reports.

ZNET


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