Yale T. Freeman, P.A. specializes in complex criminal, civil and administrative litigation with an emphasis on counseling and assisting civil and transactional lawyers in the representation of their clients who are facing issues with potential criminal implications.

In addition, Mr. Freeman conducts internal investigations and facilitates civil litigation pertaining to alleged fraudulent conduct, and acts as an intermediary with law enforcement and administrative regulatory agencies in the resolution of those matters.

Mr. Freeman is recognized for his expertise in the investigation and defense of economic crime, real estate and mortgage fraud, political corruption, aviation violations and federal grand jury inquiries.

Check here periodically for an up-close look at a current legal issue.
These excerpts from recent news reports and Justice Department communications spotlight the current priority placed on mortgage fraud investigations.

CONGRESS FUNDS MORTGAGE FRAUD CRACKDOWN
From the Los Angeles Times, By Kenneth R. Harney, May 31, 2009

The FBI, Justice Department, Secret Service and Postal Service will get a combined half a billion dollars to investigate and prosecute those who engage in mortgage fraud.

Reporting from Washington — It may not have made a big splash on network news or in print, but for real estate it was the equivalent of a congressional declaration of war against mortgage fraud.

Just as security and intelligence agencies were given huge funding boosts by Congress after 9/11, the FBI, the Justice Department, the Secret Service and the U.S. Postal Service have just gotten a combined $500 million in new funding authority to investigate and prosecute individuals and companies who engage in mortgage fraud. President Obama signed the legislation May 20.

How bad is mortgage fraud? The Treasury Department estimates it causes losses to consumers and the mortgage industry of anywhere from $15 billion to $25 billion a year. FBI Director Robert S. Mueller III told Congress his agency’s mortgage fraud caseload has tripled in the last three years.

What do these frauds look like and where are they occurring? The Mortgage Asset Research Institute performs an annual study of the problem for the Mortgage Bankers Assn., and its 2009 report found:

• Roughly two-thirds of all frauds involve deceptions at the application stage
• About 28% of frauds last year involved deliberate misinformation about tax returns or financial statements
• Appraisal shenanigans rank high as well and were involved in about 22% of fraud cases in 2008
• Other widespread forms of home loan fraud include faked employment verifications, misinformation on closing or escrow documents, and credit reports or scores that have been manipulated in some way to get unqualified borrowers approved, or lower interest rates, or both

With the federal agencies gearing up new prosecution teams devoted solely to detecting and fighting mortgage fraud, scammers should be on notice: Now more than ever, you’re likely to end up before a grand jury, receive a big fine or do prison time.

WHITE-COLLAR LAWYERS HEAR FROM CLIENTS
From the National Law Journal, an affiliate of the Daily Business Review, By Peter Page

Seven hundred billion dollars can’t go out the door without someone going to jail.

Attorneys report hearing from clients who are either already in receipt of subpoenas from federal and state investigators or who are worried about what the mail soon will bring. Every lawyer interviewed agreed that their clients — including those confident they kept within the law — would be wise to anticipate that the government will cast a very wide net.

“We are reaching out to clients, reminding them of what you do when you get a grand jury subpoena, what you do to preserve documents and to make certain they don’t stumble into obstruction of justice,” said a former assistant U.S. Attorney.

“Prosecutions often follow public sentiment and there is a lot of anger in the country,” said a former chief of the public corruption and special prosecutions unit at the U.S. Attorney’s office.

BROWARD COUNTY TITLE AGENT CONVICTED ON FRAUD CHARGES
From a U.S. Department of Justice News Release, United States Attorney, Southern District of Florida, December 2, 2008

R. Alexander Acosta, United States Attorney for the Southern District of Florida... announced yesterday’s conviction of defendant Howard Gaines, an attorney and licensed title agent, on one count of conspiracy to commit mail and wire fraud and two counts of mail fraud.

According to the evidence presented at trial, Gaines was a licensed title agent at Your Title Choice, Inc., in Deerfield Beach. Gaines, as a title agent, aided co-conspirator Anthony Dehaney and others to close on fraudulent loans. Among the fraudulent documents presented at closings were HUD 1 Settlement Forms, which falsely represented that buyers were using their own money to close on the purchases. The evidence showed that Gaines helped Dehaney close more that $10,000,000 in loans during 2004, 2005, and 2006, including $5,000,000 in fraudulent mortgages.

SAMIR CABRERA FOUND GUILTY ON ALL 11 CHARGES
From WINK-TV News, Ft. Myers, Florida, By Maggie Crane, January 15, 2009

Guilty as charged — that’s the verdict a federal jury handed down in the case of Samir Cabrera. Jurors agreed that the Lee County land developer cheated his investors out of nearly $3 Million.

“I hope that it not only sends a message to our community that this type of thing will not be tolerated, but I also hope it sends a message to people who like to invest in Southwest Florida to let them know that we take this type of fraud extremely seriously,” said Doug Molloy, Chief Assistant U.S. Attorney.

FLORIDA LEADS THE NATION IN MORTGAGE FRAUD
From The St. Petersburg Times, By Michael Van Sickler, Times Staff Writer, Wednesday, December 3, 2008

TAMPA — A national report released Tuesday said Florida leads the nation in mortgage fraud.

“However, we reassure the public that the FBI views mortgage fraud as a significant and growing problem,” said a spokesman for the Tampa FBI field office.

TAMPA MAN SENTENCED TO EIGHT AND A HALF YEARS FOR MORTGAGE FRAUD
From a U.S. Department of Justice News Release, United States Attorney, Middle District of Florida, June 11, 2008

U.S. District Judge Steven D. Merryday, today sentenced Luis Uribe to eight and a half years’ imprisonment for one count of wire fraud affecting a financial institution and one count of aggravated identity theft.

According to the plea agreement, from July 2006 through September 2007, Uribe committed wire fraud and aggravated identity theft. Uribe was a Florida licensed mortgage broker and was able to originate mortgage loans. Uribe and others fraudulently submitted mortgage applications under false pretenses, obtaining and disbursing the proceeds of those loans, including directing portions of the proceeds to bank accounts under their control.