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New Appraiser Indictment

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Isn't that theft. They collect and do not pay. Where is their jail time?
Theft?
When ES wasn't paying anyone, knew they were not going to pay anyone, they were still calling around begging appraisers to accept work.

What about the MAI claiming, this company or that company was going to buy his AMC, so just do the reports because you're going to be paid by the new company that is in contract negotiation to buy his company.

I'd add that some FRAUD also existed.

Oh but don't fret much, he was able to keep his designation. So at least his dues money is going to good use to support residential appraisers.

:rof:
 
The person who reported this is as bad as our worst late night Fake-Real Estate-News-Network ** First of all there is no such thing as 166 year prison sentences for non-violent crimes under Federal Sentencing Guidelines. The appraiser has no prior convictions and unlike many Federal Cases there are no victims who have suffered financial-loss or damages. The numbers the Federal Governments Attorneys are throwing out are just typical Pre-Trial hype designed to shake-up the defendant so he Cops A Plea Bargain and they can save time and money on a trial. The appraiser will most-likely get a typical Federal Non-Violent Sentence of 3 to 6 years and only have to serve 85% of his sentence if he proves good behavior.

The other issue is what is the Federal Governments real monetary loss because in this case these were all reverse mortgages and there were few to no defaults ? Kind of hard to default on mortgages you don't make payments on. My assumption is typical Government Accounting - Just take the 600 or 700 reverse mortgages then multiply by the loan amount and bingo -Tell the Fake Real Estate Reporter we have a a big fat $5-million dollar loss and when our accountants come up with the real numbers the Judge can determine what actual losses we suffered.
 
So ....

When they indict and charge someone, the prosecutor charges all of the crimes that they think they can prove. When you have a number of distinct acts (as in many appraisals which were inflated or used false identifites) that results in many separate counts. When one refers to the "maximum sentence" that is the total maximum prison term for each sentence all strung together (so, 8 counts times 20 years max on each count equals 160 years.). In fact, prison terms, especially in these types of cases, are not usually that severe. The most likley outcome is that the defendant pleads guity to one or two charges. In a very minor percent of cases the defendant insists on trial. A good defense attorney will generally talk their client into a plea - being convicted of 8 counts has a very different outcome than pleading to one.). Then, after a plea or trial, a presentence investigation report is prepared by probation that examines many factors. The defendant can dispute the findings, The judge then sentences after considering the factors. I wrote about this process in detail here - http://www.mortgagefraudblog.com/31204-2/.

So a 166 year sentence is the max but it is highly unlikely that a sentence anywhere in this range would result.

And, yes, in the federal system, at least 85% of the sentence will be served. In state cases this percentage is often much less.

The $1,000 fine is a court cost related fine and this is always part of the sentence. It can also be reduced.

To be convicted of a crime, one has to have actually engaged in conduct that was criminalized by a criminal statute and must have had the required intent at the time the act was committed. Most of the conduct of bank executives that the public is enraged over does not fit within the defeinition of any crime that existed during the financial crisis. But, contrary to popular wisdom, there have been a number of bank executives convicted for crimes arising out of the financial crisis.
 
ut, contrary to popular wisdom, there have been a number of bank executives convicted for crimes
There were some who were accused of bad lending practice contrary to the bank's own guidelines who were simply banned from banking for life and fined. In small banks you can bet the stockholders were the one pushing the LO to make the loans that went south in the first place.
 
Defaults - a reverse mortgage holder must pay the real estate taxes and keep the property insured. Most "defaults" on reverse mortgages result from failure to pay property taxes.

The loss is determined based on case law precedent and must be proven. Generally, the defendant will stipulate to the loss amount in a plea agreement. The loss amounts in indictments and press releases are not always accurate as the indictment may be filed before the properties have been liquidated.
 
There were some who were accused of bad lending practice contrary to the bank's own guidelines who were simply banned from banking for life and fined. In small banks you can bet the stockholders were the one pushing the LO to make the loans that went south in the first place.


And many executives who sat in board rooms and approved "no doc" loan policies in the first place ... which is what I hear most as the underlying conduct that should have resulted in indictment ....
 
And many executives who sat in board rooms and approved "no doc" loan policies in the first place ... which is what I hear most as the underlying conduct that should have resulted in indictment ....
While no doc loans were unbelievably stupid, they most certainly were not illegal at the time they were being done, so I don't know what the basis for an indictment would be just over that. Simply being stupid at business is not a crime as far as I am aware.
 
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Simply being stupid at business is not a crime as far as I am aware.
If a regulated bank, they have a written loan policy. Failure to abide by that lending policy and provide adequate protections means they violate bank regulation. But for non-regulated banks, sure, they made bad moves...so why did we bail them out? It was after the crisis erupted that the feds allowed these "commercial" banks to get FDIC charters.
https://corpgov.law.harvard.edu/201...anic-of-2008-and-financial-regulatory-reform/
The next several weeks saw a stampede of US financial institutions seeking to acquire insured depository institutions in the United States in order to qualify for CPP money. The US Government announced an additional US$20 billion in capital support and a related US$301 billion asset guarantee programme for Citigroup in late November. The US Government announced a similar programme of extraordinary support for Bank of America in early 2009 to facilitate BofA’s acquisition of Merrill Lynch​
 
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