Epstein_Part_12_(Redacted).pdf

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VI.
Federal Indictment

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

Case No. 00-8124CR - HURLEY

MAGISTRATE JUDGE
JOHNSON

18 U.S.C. 1341
18 U.S.C. 1344
18 U.S.C. 2

UNITED STATES OF AMERICA,
Plaintiff,

v.

Defendant.

INFORMATION

The United States Attorney charges that:

1. At all times material to this information, the defendant,
was a resident of Palm Beach County, in the
Southern District of Florida. The defendant was registered as a
mortgage broker on December 20, 1996, in the State of Florida.

2. At all times material to this information, Mortgage
Express, Inc., (hereinafter "Mortgage Express") was a Florida
corporation. Mortgage Express was incorporated on August 11, 1993
and was licensed as a mortgage brokerage business by the Department
of Banking and Finance, State of Florida on September 1, 1993. At
all times material to this information, Mortgage Express maintained
offices in Boca Raton, North Palm Beach, Palm Beach Gardens and
Royal Palm Beach, all in Palm Beach County, Florida. The

BA

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defendant worked in the Palm Beach Gardens
office of Mortgage Express as a mortgage broker.

3. At all times material to this information, Bank of America
was a financial institution whose deposits were insured by the
Federal Deposit Insurance Corporation ("FDIC").

4. At all times material to this information, Republic
Consumer Lending Group, a subsidiary of Republic National Bank of
New York, was a corporation engaged in the business of private
mortgage lending. Republic Consumer Lending Group later merged
with HSBC Bank USA, in the State of New York.

5. At all times material to this information, Ohio Savings
Bank was a bank whose deposits were insured by the Federal Deposit
Insurance Corporation.

THE SCHEME AND ARTIFICE TO DEFRAUD

6. It was the object of the scheme and artifice to defraud
that the defendant would and did obtain mortgage financing for
himself and for customers of Mortgage Express by means of false and
fraudulent pretenses. As a result, the defendant would obtain
monies and mortgage broker commissions in connection with
fraudulently procured loans.

MANNER AND MEANS OF EXECUTING THE SCHEME
AND ARTIFICE TO DEFRAUD

8. In order to procure mortgage financing for himself and for
customers of Mortgage Express, on various occasions, the defendant
did knowingly and willfully submit false and fraudulent information

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in one or more mortgage application packages to: Bank of America,
Republic Consumer Lending Group, and Ohio Savings Bank.

9. In the various mortgage applications, the defendant
knowingly, willfully, and with intent to defraud caused one or more
of the following types of fraudulent information to be submitted to
the prospective lender: fictitious leases, false verifications of
employment, ("VOE"), and false verifications of deposit ("VOD").

USE OF THE MAILS

COUNT I

10. Paragraphs 1-9 are realleged and incorporated by
reference herein.

11. On or about August 26, 1998, in Palm Beach County, in the
Southern District of Florida, the defendant,

for the purpose of executing the aforesaid scheme and artifice to
defraud and for obtaining money by means of false and fraudulent
pretenses, did knowingly cause to be delivered according to the
directions thereon, by a private or commercial interstate carrier,
that is, Airborne Express, from Mortgage Express in Palm Beach
Gardens, Florida to Republic Consumer Lending Group in Aventura,
Florida, the mortgage loan application package of Howard and Mary
Siiza, which application contained one or more false verifications
of employment ("VOE"), in violation of Title 18, United States
Code, Section 1341 and 2.

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BANK FRAUD

COUNT II

12. Paragraphs 1-9 are realleged and incorporated by
reference herein.

13. On or about May 7, 1999, in Palm Beach County, in the
Southern District of Florida, the defendant

knowingly, willfully and with intent to defraud executed a scheme
to obtain monies from a financial institution under false and
fraudulent pretenses. That is, to obtain a loan from Bank of
America in Fairfax, Virginia. In order to execute this scheme the
defendant caused Bank of America to fund a mortgage loan to Jose M.
Abejon, under false and fraudulent pretenses, that is, a fictitious
lease was submitted with the loan application, which fictitious
lease was intended to cause the lender to believe that the
applicant had more assets than was otherwise true, all in violation
of Title 18, United States Code, Section 1344 and 2.

COUNT III

13. Paragraphs 1-9 are realleged and incorporated by
reference herein.

15. On or about March 31, 1999, in Palm Beach County, in the
Southern District of Florida, the defendant

knowingly, willfully and with intent to defraud executed a scheme

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