Fight Charges Of Mortgage Fraud
In California, mortgage brokers, loan officers, loan processors, appraisers and banks have increasingly been the target of investigations involving mortgage fraud prosecutions. Due to the financial crisis associated with the subprime market, lawmakers and federal authorities have stepped up efforts to hold financial institutions, loan brokers, loan agents, and loan processors accountable. Individuals, not otherwise financially qualified, obtain loans by means of fraud, false information or misrepresentations. These practices were common and widespread in the industry, but went largely undetected until the collapse of the economy generally and housing and banking specifically.
At the San Francisco The Law Offices of John M. Runfola, we represent bank officials, loan officers, loan processors, loan recruiters and promoters, straw buyers, underwriters, account managers, appraisers, mortgage and real estate brokers and agents. Many borrowers have also been indicted based upon the documents they were encouraged to sign in obtaining their loans. Attorney Runfola works closely with forensic accountants, financial experts, CPAs and former bank officials in preparing his clients’ defense.
Although being accused of a crime can be a frightening and disheartening experience, a client should never assume that he or she has no defense or factors in mitigation which will lead to a favorable outcome. To discuss your situation in a confidential setting, protected by the lawyer-client privilege, contact The Law Offices of John M. Runfola today for a free consultation.
Proving Mortgage Fraud
Borrowers and agents may have acted without intent to defraud the lender and false statements on applications may have been made without their knowledge. Additionally, the materiality of the alleged false statement must be established beyond a reasonable doubt. The statements must have been capable of influencing the decision-making body to which it was addressed. Bills of Particular are especially valuable in mortgage fraud cases where the government’s theory of false statements evolve as trial testimony is given. In order to establish that fraud has taken place, the government must prove a homeowner, loan officer, or mortgage broker intentionally and purposefully misreported information in order to commit fraud. Government expert witnesses who attempt to offer opinions to the clients’ mental state must be prohibited from offering such testimony.
Handwriting experts have come under increasing scrutiny and attack in the scientific community and their testimony has been increasingly limited by judges. Government summary witnesses must be attacked if they attempt to give the prosecutors closing argument while on the witness stand.
As your attorney, Mr. Runfola advises and represents you in any interactions with state and federal authorities. Mr. Runfola is available for consultation in the event you, your friends or associates receive a subpoena to testify before a grand jury.
After consultations with experts and a thorough review of all available evidence, the conclusion may be that a guilty verdict is likely to be obtained. At that point, a negotiated settlement may be the clients’ best or only option.
As a criminal defense attorney with over 30 years of experience defending clients against fraud and other white collar crimes, Mr. Runfola is a seasoned negotiator. His command of sentencing laws and his aggressive litigation style enable him to obtain the most favorable outcome for his clients.