Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
Fed Up
I was going to post this under the "former ... in the hot seat subject"  but in reading thru these posts and commenting on a few, I wonder why RICO has not be used against this fraudsters. 

This is a copy of a post by Moose to the "mortgage fraud victims" forum in July of 2003.  (emphasis has been added by me)
http://finance.groups.yahoo.com/group/mortgage_fraud_victims/messages 

A short introduction to RICO:

Racketeer Influenced and Corrupt Organizations Act

The Organized Crime Control Act of 1970 amended existing Federal
racketeering statutes to include the Racketeer Influenced and Corrupt
Organizations Act (RICO).

RICO specifically prohibits four activities:
(a) investing the proceeds of a pattern of racketeering activity (as
defined below) in an enterprise that engages in interstate or foreign
commerce;
(b) acquiring or maintaining an interest in such an enterprise by
means of a pattern of racketeering activity;
(c) using a pattern of racketeering activity in conducting the
affairs of such an enterprise;
or (d) conspiracy to do (a), (b), or (c).

The statute defines racketeering activity as any of 27 types of
Federal crimes include specific types of gambling, prostitution, drug
offenses, obscenity, theft, fraud, ***extortion,*** counterfeiting,
bribery, obstruction of justice, cigarette boot-legging, and labor
law violations.

State crimes include murder, kidnaping, gambling, arson, robbery,
bribery, ***extortion,*** and drug offenses.

The statute defines enterprise to include any individual, partnership,
corporation, association, or other legal entity, or any group of
individuals who, though not a legal entity, are associated in fact.

The RICO statute permits fines of up to $25,000, imprisonment for up
to 20 years, or both, and requires the forfeiture of ill-gotten gains
and any interest in the enterprise. The statute authorizes
restraining orders and injunctions prior to conviction to prevent the
transfer of potentially forfeitable property.

Civil RICO

The civil provisions of RICO permit U.S. attorneys and private
citizens to sue for treble damages and the cost of the suit
(including reasonable attorney fees) if it can be shown that the
plaintiff was injured in his or her business or property and that
those injuries resulted from a *** pattern of racketeering
activity.***

So, first, what is "racketeering" and "extortion."

I'm not a lawyer - and this is purely for your education, so here is
the law:


UNITED STATES CODE TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 95 - RACKETEERING

Section 1951. Interference with commerce by threats or violence
(a) Whoever in any way or degree obstructs, delays, or affects
commerce or the movement of any article or commodity in commerce, by
robbery or extortion or attempts or conspires so to do, or commits or
threatens physical violence to any person or property in furtherance
of a plan or purpose to do anything in violation of this section
shall be fined under this title or imprisoned not more than twenty
years, or both.
(b) As used in this section -
o (1) The term "robbery" means the unlawful taking or obtaining of
personal property from the person or in the presence of nother,
against his will, by means of actual or threatened force, or
violence, or fear of injury, immediate or future, to his person
or property, or property in his custody or possession, or the
person or property of a relative or member of his family or of
anyone in his company at the time of the taking or obtaining.
o (2) The term "extortion" means the obtaining of property from
another, with his consent, induced by wrongful use of actual
or threatened force, violence, or fear, or under color of
official right.


Again, not being a lawyer, I read "...the obtaining of property from
another with his consent, induced by wrongful use of actual or
threatened force, violence or *** fear ***,
or under color of
official right.

I guess the question becomes, since the FBI is responsible for
investigation of these kinds of crimes, why hasn't the Justice
Department gotten involved?

(and this the end of his quoted message). 
Quote 0 0
noodles

I  am hoping to get a little bit more information about RICO charges.

The below is concerning a Home Owners Ins. Charges.

 

EMC had charged the account for a H. O. Policy.

 

Lets say: $797.00 charged to our supposed account.

EMC then cancels the policy within a 45 day period and receives a FULL REFUND of the $797.00.

 

They continue to charge the supposed account $797.00

Then they take that reimbursement check and add it back to the account, but to make it "LOOK" like there was "another" charge for H.O. Ins., and continue to charge us for another $797.00.

 

WOW, they've just made a cool $1,594.00 off of a NON EXISTANT POLICY!

 

Now, what if the employee LINDA (last name withheld) then took the reimbursement check, and then charged us a 3rd time for 797.00..... with much vicious malicious intent, per the "well" documented phone call, (where i was demanding (nicely) the appropriate credit, to the account be issued for that reimbursement check, and the original charge of the NON EXISTANT POLICY, BE REMOVED FROM THE ACCOUNT PERIOD); then took that $797.00 amount and added yet another Charge to the account intentionally................

 

For EMC's TOTAL PROFIT of $2391.00 off a NON EXISTANT Home Owners Ins. POLICY.

 

Does that constitute a RICO Violation? and can she be prosecuted for RICO?

 
(these may not be actual figure amounts, but its close enough to get the jest.)
 
She was solely responsible for charging our account with another FAKE, Insurance Charge. She REFUSED to remove court costs, that we were never obligated to pay, per the agreement we signed, where their Attorney scratched through the "Attorney's Fees" line, and and signed document.
 
She was abusive to me, degrading, assaultive, raised her voice to the point of yelling at me... tried to manipulate everything I said. Twisted what I was saying, played dumb, & acted stupid when it was explained in layman's terms to her, then informed me, she was going to assess another charge on the account, for the $797.00.
Which, sure enough.....she did do! ALL very very well documented EMC, LINDA T. !
 
I would love JUSTICE HERE! We almost lost our home because of her! Getting her on RICO charges would make me very happy, as I cannot even begin to explain the financial stress, emotional, or physical symptoms suffered, that she put our family through with her successful extortive technique.
 
I want RICO, can I do it?




Quote 0 0
This 2008 thread and the other RICO threads need to be revived. 

Noodles, RICO is definitely seems to be available to you and countless others. There NOW appears to be enough certifiable facts, information and evidence, obtained through investigations by government, judges, foreclosure defense attorneys, advocates and victims, plus court and land records to file RICO charges.

There can be no escaping the conclusion that many in the mortgage industry, including EMC Mortgage, and all the co-conspirator attorneys, employees, agents, contractors, etc. have and continue to be engaged in a pattern of Racketeering activity that may also include, but is in no way limited to: 

CONSPIRACY

RACKETEERING (RICO)

MAIL & WIRE FRAUD

OBSTRUCTION OF JUSTICE

EXTORTION/TAKING MONEY UNDER FALSE PRETENSES

INSURANCE FRAUD

TAX FRAUD

VIOLATIONS of the TEXAS SECURITIES ACT

FELONIOUS INFLUENCE OF  PUBLIC OFFICIALS

EVIDENCE/WITNESS TAMPERING

TEXAS PENAL CODE 32.32

TEXAS PENAL CODE 32.46

FRAUD

MISPRISON OF FELONY

UNJUST ENRICHMENT

FRAUDULENT CONVEYANCE

FRAUDULENT CONCEALMENT

HONEST SERVICES DOCTRINE

42 U.S.C. §1983 - CIVIL RIGHTS

18 U.S.C.§1951 - THE HOBBS ACT

DEFAMATION OF CHARACTER

IDENTITY THEFT

TITLE RECORDS - 18 USC 1021

FALSIFYING GOV’T RECORDS     

DERELICTION OF DUTY

AGGRAVATED PERJURY   

ARMED ROBBERY

THEFT OF PUBLIC SERVICES

STATUTES AT LARGE 

_____________________________/

It will be interesting to see the lists of CRIMINAL CHARGES prosecutors file. 

We recently received a verified email from a former Chief Justice of a State Supreme Court, who wrote in all capital letters:

"THE FORECLOSURES WILL NEVER STOP UNTIL SOME ONE (sic) FILES A CRIMINAL COMPLAINT AGAINST THE FOLKS INITIATING THE FORECLOSURES."

We have started a partial list of criminal charges that may be available to us in the Criminal Section of the Legal Lounge.  Or you can go to the full Legal Lounge page

Also see email in next post...

Quote 0 0
Wachovia cannot be prosecuted under RICO for force placing an insurance policy, but they can be prosecuted for fraud. Intentional misrepresentation, negligent misrepresentation and unfair business practices under your states UCL laws.
Quote 0 0
JF
Here in Florida, banks are exempt from unfair and deceptive loan practices.

Read all about it, or http://www.Google.com it yourself.

http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/5ed402c7659b76df85256c2c004fa3bf/f9be91d3215162c685256adb005d6262
Quote 0 0
A Florida RICO case
http://www.scribd.com/doc/94055558/Court-Order-RICO-Bank-MTD-denied

Quote 0 0
Digger

Cross-posted from another thread

RICO AS A REMEDY

RICO, the Racketeer Influenced and Corrupt Organizations Act, may be a remedy for the lawlessness that is sweeping our courts and nation. Last week I moved for reconsideration in the U.S. Court of Appeals under RICO, as set forth below.

We owe a debt of gratitude to Florida attorney Mary Alice Gwynn who sued The Florida Bar under RICO in April 2008, see Lanson v. The Florida Bar, case no. 9:08-cv-80422-WJZ, U.S. District Court, S.D. of Florida. Although the case was voluntarily dismissed, it was a brave first step. Ms. Gwynn was recently suspended from practice by the Florida Bar in retaliation. But since Ms. Gwynn sounded the alarm in 2008, Florida attorney Scott Rothstein was prosecuted for a $1.2 billion ponzi scheme under RICO, and Florida attorney David J. Stern improperly dumped 100,000 foreclosure cases on the courts, points made in my motion for reconsideration in the U.S. Court of Appeals.

Some of you reading this may also have a civil cause of action under RICO, see the links below.

On May 22, 2012 the Florida Supreme court denied without comment my motion for reconsideration in case SC11-1622. That ended any hope that the Florida courts would lawfully adjudicate this matter. The order and motion are on Scribd at the link. http://www.scribd.com/doc/96198449

On May 7, 2012 the U.S. Court of Appeals for the Eleventh Circuit in a related case denied my motions to consolidate two related appeals, denied leave to proceed in forma pauperis, denied appointment of counsel, etc. The order in C.A.11, 12-11028-B is on Scribd at the linkhttp://www.scribd.com/doc/96197551

In response to the above, I moved for reconsideration in the U.S. Court of Appeals May 30, 2012 arguing that the federal courts have jurisdiction under the RICO act, the Racketeer Influenced and Corrupt Organizations. The motion is on Scribd here http://www.scribd.com/doc/95369974

A related notice of May 31, 2012 as to in forma pauperis is on Scribd here http://www.scribd.com/doc/95571084

All told there are 18 related cases in the matter of Gillespie v Barker, Rodems and Cook PA. A list of the cases is on Scribd herehttp://www.scribd.com/doc/95369691

As set forth in my motion for reconsideration (paragraph 9), governmental units, such as the New York City Civil Court, may be "enterprises" within the meaning of RICO. United States v. Angelilli, 660 F. 2d 23 (C.A.2 1981). A court may be an enterprise within the meaning of RICO. United States v. Bacheler, 611 F.2d 443, 450 (3dCir.1979) (Philadelphia Traffic Court). Judges and lawyers may be "enterprises" within the meaning of RICO. U.S. v. Limas, 1:11-cr-00296, U.S. District Court, Southern District of Texas, Brownsville (Indictment of Judge Abel C. Limas March 29, 2011).http://www.scribd.com/doc/95369974/

I encourage anyone interested to read about RICO on Wikipedia, and the Cornell Legal Information Institute site. Again, some of you reading this may have a civil cause of action under RICO. Here are some highlights.

According to Wikipedia, "RICO provides for criminal penalties and a civil cause of action for racketeering acts performed as part of an ongoing enterprise." "Under RICO, a person who is a member of an enterprise that has committed any two of 35 crimes - 27 federal crimes and 8 state crimes - within a 10-year period can be charged with racketeering."http://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organizations_Act

According to Wikipedia, "RICO-related charge is considered easy to prove in court, as it focuses on patterns of behavior as opposed to criminal acts."

According to Wikipedia, "There is also a provision for private parties to sue. A "person damaged in his business or property" can sue one or more "racketeers"." "Both the federal and civil components allow for the recovery of treble damages (damages in triple the amount of actual/compensatory damages)."

The Cornell Legal Information Institute has the hyperlinked text of RICO here http://www.law.cornell.edu/uscode/text/18/part-I/chapter-96

Attorney George Robert Blakey originally drafted RICO, and he is currently a law professor at Notre Dame. According to Wikipedia, "G. Robert Blakey remains an expert on RICO" http://en.wikipedia.org/wiki/G._Robert_Blakey

Here is a link to Professor Blakey’s page at Notre Dame. Last week I emailed Professor Blakey with a link to my motion to reconsider under RICO but he did not reply. http://law.nd.edu/people/faculty-and-administration/teaching-and-research-faculty/g-robert-blakey/

Under 18 USC § 1965(a), a RICO civil action or proceeding against any person may be instituted in the district court of the United States for any district in which such person resides, is found, has an agent, or transacts his affairs. As I argued to the U.S. Court of Appeals, the ends of justice in this matter may require RICO civil proceedings instituted in a venue outside Florida and the Eleventh Circuit.

As of the time of this email, both my cases in the U.S. Court of Appeals are active, and no decision has been made as to a cause of action under RICO. The cases are appeal number 12-11028-B, and appeal number 12-11213-C.

Quote 0 0
Write a reply...