(Latest News:  There are several pending federal mortgage fraud indictments in South Carolina.  Many defendants are already aware the they are targets of the investigations and have retained defense attorneys in South Carolina.  Our firm is in the process of evaluating mortgage fraud cases in order to establish a defense for any potential fraud indictments.  We will provide an update to this informatin in the coming weeks.)

Mortgage Fraud is usually a federal indictment.  This indictment is never alone.  There are always other counts including money laundering, wire fraud, mail fraud and bank fraud.  After 9-11 the FBI was directed to concentrate on anti-terrorism and leave many economic crimes to other agencies.  That has now changed and the mortgage fraud indicments are going to start appearing in federal court on a regular basis.  The base offense level can be a 6 or 7 on the sentencing guidelines.  This provides for a possible probation sentence.  However, if the loss exceeds $5,000.00 then the guidelines provide for a greater exposure of prison time.  The maximum term of imprisonment for the fraud indictment is usually 20 years.  Other counts can increase this exposure.  Mortgage brokers, realtors, lenders and borrowers are all possible defendants in a mortgage fraud indictment.   Our office is experienced in defending mortgage fraud cases in Charleston, Myrtle Beach, Columbia, Miami, Savannah, Atlanta, Palm Beach and many other areas across the country.  A criminal mortgage fraud defense attorney must research and investigate a mortgage fraud indictment at many levels.  A good investigator and expert witnesses will be needed for a great defense at trial.

Mortgage Fraud Defense-  the best approach to defending a mortgage fraud indictment is to ensure that any information the government is using is based on a thorough investigation and not on a cooperating defendant that is trying to reduce their exposure.  Indictments based solely on a cooperating defendant will need to be back by some other evidence to show the intent to commit fraud.  Many times the paper trial is the best evidence the government has to prove the mortgage fraud.  Applications, letters, checks, deposits and the final destination of any funding will be critical to a good mortgage fraud defense.  There are many ways to defend actions of individuals in a mortgage fraud case.  The business experience of the defendant and his or her history in relation to real estate and lending practices will be important to the defense.