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The Center for Public Integrity

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FBI Brags About Chasing Down Mortgage Fraudsters But Big Banks Are Left Untouched

Posted: 08/16/11 03:26 PM ET

By and ,


In a new report , the Federal Bureau of Investigation pats itself on the back for using "sophisticated investigative techniques" to target mortgage fraudsters. The FBI's 2010 "Year in Review" mortgage fraud report says the agency has used wiretaps, undercover operatives and "tactical analysis coupled with advanced statistical correlations and computer technologies."

Not everyone is impressed.

Consumer advocates say the FBI is missing the big picture, focusing its investigative muscle on small-time crooks and turning a blind eye to misconduct by big banks.

While millions of homeowners have been put at risk by dishonest tactics used by the mortgage industry, these advocates say, the FBI has targeted low-level lender employees and street-level fraudsters.

Richard Eskow, a senior fellow with the Campaign for America's Future, a progressive think tank, calls the new report the latest example of the "pseudo-investigatory approach" of the FBI, the Justice Department and the Obama administration in the aftermath of the mortgage meltdown.

"The only thing worse than doing nothing is to do what they've done―try to hoodwink the public into thinking they're doing something," Eskow told iWatch News.

The Obama administration, Eskow claims, has taken the view that the nation's largest banks are too important to the economy to be threatened by criminal investigations and indictments. "Too Big to Fail," he says, also means "Too Big to Jail."

A telephone call to the White House press office Monday afternoon wasn't immediately returned.

The FBI did not immediately respond to a request for comment from iWatch, but said in its report that it has "continued to dedicate significant resources" to the threat of mortgage fraud.

"The FBI continues to enhance liaison partnerships within the mortgage industry and law enforcement," the report says. "As part of the effort to address mortgage fraud, the FBI continues to support 25 mortgage fraud task forces and 67 working groups."

There were 3,129 pending mortgage fraud investigations in fiscal year 2010, a 12 percent increase from 2009 and a 90 percent increase from 2008. According to FBI data, 71 percent of all pending investigations involved dollar losses of more than $1 million.

The FBI offices most active in investigating mortgage fraud were Las Vegas, Los Angeles, New York, Tampa, Detroit, Washington, Miami, San Francisco, Chicago, and Salt Lake City, the agency said.

The report says mortgage fraudsters "recruit people who have access to tools that enable them to falsify bank statements, produce deposit verifications on bank letterhead, originate loans by falsifying income levels, engage in the illegal transfer of property, produce fraudulent tax return documents, and engage in various other forms of fraudulent activities."

Suspicious Activities

One source of information that the FBI uses to launch investigations are Suspicious Activity Reports, or SARs, filed when a financial institution sees suspicious behavior or patterns of questionable transactions. The Financial Crimes Enforcement Network, or FinCEN, an arm of the Treasury Department, tallies the reports. While SARs are far from a guarantee that a crime has taken place, their numbers are considered important indicators of trends. As iWatch News previously reported , the increase in SARs could be leading to more mortgage fraud investigations.

Continue this story and read more investigations at iWatch News

 

Follow The Center for Public Integrity on Twitter: www.twitter.com/iwatch

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09:40 AM on 08/23/2011
Like I said ...John Taylor, executive director of the National Community Reinvestment Coalition, a nonprofit based in Washington, believes that “bigger lenders hide behind loan officers who they compensate with a salary structure that rewards aggressive lending behavior that produces big volume and highly profitable loans.” When these loan officers are caught in wrongdoing, Taylor says, the banks say they were “renegade loan officers” who “weren't following guidelines.”



This is a smokescreen, he says, “given that these loans are all computerized and heavily documented” so that everyone from the loan officer to managers know exactly what each employee and branch office is doing.
09:34 AM on 08/23/2011
The FBI does not care about cathching "one main person" at a bank ..they work in numbers...havent you noticed when they say "20 people indicted/arrested for mortgage fraud on one case...they only care about the amount of people...its just like street cops with their Quota..And also I was once a broker and can tell you I never met anyone that wasnt willing to do anything to get the house they wanted. I had clients call me all ay begging me to get them approved "they had to have this house, etc". Now they all cry they were screwed..has anyone ever bought a car? come on if these people are old enough to want to make such a hugh purchase someone has to hold their hand and walk them thru it like a child! Where is individual responsibility?
12:45 AM on 08/20/2011
so whats new? same ol same ol........the banks are working w/our money....and they love it.......and they get away w/way too much...........do i hear major donors?....what a sham.........
HUFFPOST SUPER USER
dbrett480
09:37 PM on 08/19/2011
The banks have paid both parties to avoid any prosecution. Democratic and Republican leaders have settled on the "evil mortgage brokers" for prosecution. While there were many bad ones; especially those that focused on minorities, a lot of mortgage fraud cases are based on bogus evidence. I saw one where the "fraud" was based on the fact that the documents were signed under duress. The "duress" was the distraction of the television in a restaurant.
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Kyle Ransom
Former veteran mortgage broker and mortgage securi
02:09 PM on 08/19/2011
Having worked as a real estate professional I have seen many of my colleagues wrongfully accused of mortgage fraud. How in Atlanta, the feds went after real estate investors with a vengeance locking up anyone even suspected of committing mortgage fraud. I have seen many people get off but only after costly legal fees and the turmoil of having to go through a federal trial.

Yet as quoted here "recruit people who have access to tools that enable them to falsify bank statements, produce deposit verifications on bank letterhead, originate loans by falsifying income levels, engage in the illegal transfer of property, produce fraudulent tax return documents, and engage in various other forms of fraudulent activities."

This is exactly what major banks been exposed doing by even hiring entire companies to participle in mortgage fraud activities. Everyone knows that these bank have committed serious crimes that carry heavy sentences yet not one person is even being charged with any crime.

It really pisses me off!

I am making my mission to educate anyone I can about the gross injustice that it seem the U.S. Government is supporting.

I didn't serve in the U.S. Navy during the first Gulf War to be crapped on.

Nobody or no company is to big to be brought to justice.

Mr. President you just loss my vote for the next election.
HUFFPOST SUPER USER
knott wrench
05:21 PM on 08/18/2011
The Banks NEED to Be held Accountable and Prosecuted Where Found DIRTY!

Otherwise the same'ol, same'ol, will continue and it benefits those who got the USA into the Economic slump in the First Place. A Continuing, On Going Cycle that NEVER gets Interrupted to Force Change in How Things are Done!.
04:41 PM on 08/18/2011
They're picking sand out of the gas tank instead of locking the lid.
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camary
03:56 PM on 08/18/2011
Management of big banks, not low level mortgage flunkees should have been investigated the minute Obama took office. Instead he told us that it was time to look forward and not back. What is the Obama administration covering up? Or should I say who? By not investigating, he's sanctioning the criminal
bahavior and that make him an accessory to the crime. PS I voted for the guy and I couldn't be
more disappointed.
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humanbeing-rick
Born in the USA 1947
11:39 AM on 08/18/2011
While I applaud the FBI for catching a few of the mortgage fraudsters, or white collar criminals, I am appalled at they way they coddle and protect the aristocrats, the wealthy & powerful who are apparently above the law. These are more than white-collar criminals, they are more like gilded-collar criminals. These gilded-collar criminals wreak much more damage than the relatively small-time white-collar crooks they snagged thus far.
09:31 AM on 08/18/2011
Why is this a surprise when we have the SEC destroying evidence and failing to enforce the law.

http://www.rollingstone.com/politics/news/is-the-sec-covering-up-wall-street-crimes-20110817
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Talk2PassiveActionVital
Stand against fa$ci$m or our children will kneel
04:01 PM on 08/18/2011
Seconded.
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forestnfama
A Jimi Hendrix Woodstock Veteran
05:55 AM on 08/18/2011
Everyone should go to jail.......The cheating mortgage companies and banks for writing bad loans......and the buyers for being greedy and stupid.....
04:51 PM on 08/17/2011
This now validates that its the whole government thats corrupt, congress , the white house, sec and the fda. oh let not forget all the judges sitting on the supreme court.
12:47 AM on 08/20/2011
youre correct..and...the american people are so aware of it now w/instant communication etc...what a sham our govt agencys are at this point. Now they are JUST starting to learn we are so aware of their game and they cant hide like in yrs past............
01:43 PM on 08/17/2011
CITIZENS BEWARE!!! BE AFRAID!!! FIGHT BACK!!!
FBI just gave itself more powers; Agents can now decide individually ON THEIR OWN to do investigation WITHOUT DOCUMENTING their reasons for or their investigation activities, which include, among other things, accessing a citizen's garbage/personal records!!! http://www.nytimes.com/2011/06/13/us/13fbi.html
WHICH MEANS TWO THINGS:
1) an agent can monitor an individual's activities NOT ENGAGED in committing crimes, if the agent believes the citizen has expressed STRONG CRITICISMS of the govt.;
2) the LACK OF DOCUMENTATION means such records will NOT OBTAINABLE through the Freedom of Information Act; thus, NO ACCOUNTABILITY... which means POTENTIAL ABUSE OF POWER that will NEVER BE KNOWN!!!
http://documents.nytimes.com/the-new-operations-manual-from-the-f-b-i
http://vault.fbi.gov/FBI%20Domestic%20Investigations%20and%20Operations%20Guide%20%28DIOG%29
FBI investigates anti-war activitsts: http://www.stopfbi.net/2011/5/18/secret-fbi-documents-reveal-attack-democratic-rights-anti-war-and-international-solidarity
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humanbeing-rick
Born in the USA 1947
11:42 AM on 08/18/2011
Yep, I am sure I have a thick file within the FBI, they have spied on me for years, and I know it.
They probably have files on most of you too, for speaking out.
12:49 AM on 08/20/2011
BIG BROTHER..YES AND THEY ARE UNABLE TO HIDE IT ANY MORE..........SAD FOR AMERICA...........
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11:39 AM on 08/17/2011
shutting down the MERS software program would be a good start for the FBI
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HUFFPOST SUPER USER
lrobb
Gold Standard = four paws and a tail
12:47 PM on 08/18/2011
You are aware of what MERS is, aren't you?

Mortgage Electronic Registration System, Inc. was set up to streamline the recordation of documents and transfers of loans to other lenders or trustees of a mortgage securitized trust and act as nominee (power of attorney) for all lenders who subscribed to the system. There is wording in every mortgage where MERS is the nominee to that effect.

There is nothing even remotely illegal about MERS, and it is actually a good idea. Where things get dicey is in those states which require a separate recorded assignment or specific power of attorney from the lender to MERS.

Property law is different in almost every state. Some require judicial foreclosure and others only administrative. Some states accept the MERS wording in mortgages/trust deeds as de-facto POAs and some don't.

There is no reason to have the FBI or anyone else shut down a perfectly legal and efficient program because a very small number of documents were incorrectly recorded. The fix is simply a re-record or possibly a re-foreclosure.
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james rimes
Armonicamedia
01:24 PM on 08/18/2011
Then why not pay the stamps and record the assignments with the deed office as required by law?
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06:08 PM on 08/18/2011
the only possible reason for a comment like this is you work for MERS or you work for bank of america chase etc "avery small number of documents were incorrectly recorded'? on second thought perhaps you are a wonderful comedian and this comment is full of sarcaism and you are aware of what MERS is.
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HUFFPOST SUPER USER
stape45
No brag, just fact.
11:16 AM on 08/17/2011
F raudulent
B ureaucratic
I nvolvement