processor in the nation.
This is about the case with the two midlevel employees indicted with Lawrence’s cooperation:
http://news.firedoglake.com/2011/11/17/nevada-indicts-two-lps-employees-on-606-counts-of-robo-signing/A grand jury in Nevada yesterday indicted two title officers, Gary Trafford and Gerri Sheppard, on 606 counts of robo-signing between 2005 and 2008, a scheme that resulted in the fraudulent filing of tens of thousands of other documents with the Clark County register of deeds. This has the potential to be a groundbreaking case; it’s the first I can think of which actually indicts a robo-signer on criminal charges for fraud. And by going after the title officers, the Attorney General of Nevada, Catherine Cortez Masto, appears to be laying out a strategy to go up the chain and hollow out the entire industry and their illegal document fraud.
According to the Wall Street Journal, the two defendants were employed by Lender Processing Services, the leading foreclosure document processing company in the country, and one under a near-constant state of controversy over the past few years of the foreclosure crisis. In the indictment, Trafford and Sheppard are accused of directing fraudulent notarization and filing of foreclosure documents. This included having their employees forge Trafford and Sheppard’s names on the documents, typically Notices of Default, and then having them notarized. So in addition to a robo-signing scheme, where the notaries and affiants have no underlying knowledge of the documents, this was a forgery scheme. And banks filed these fraudulent documents with the country register of deeds, in violation of existing statutes under Nevada law. These are category C and D felonies, in addition to gross misdemeanors. One woman who worked with Trafford and Sheppard says she signed 25,000 Notices of Default this way.
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LPS hasn’t been indicted, but you can see where this is going. We know enough now to know that this casual forgery and document fraud was official policy for the company. Indictments of Trafford and Sheppard will almost certainly not end there. Everyone who worked for LPS in Nevada will be culpable.
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The fact that they are LPS employees also suggests this is just a first step. This could be a way to get at the software that LPS uses to create documents, which would prove pattern and practice. LPS was central to the entire robo-signing scheme across foreclosure mill law firms and mortgage servicers. And they consistently maintain that they worked at the direction of the servicers and with their full knowledge. So that ropes in the servicers as well.
LPS is apparently trying to blame it all on the midlevel employees in the hopes the investigation won’t continue up the chain:
http://news.firedoglake.com/2011/11/17/in-response-lps-admits-to-robo-signing-deficiencies-for-indicted-ex-employees/This is pretty stunning. In the boldface part, there is an admission on guilt – on behalf of its employees who are facing life in prison! – with the usual alibi that the deadbeats had it coming anyway, and nobody was wrongly foreclosed as a result.
As for the notion that LPS wasn’t a target of the investigation: that’s true for now. But Masto’s spokeswoman would not confirm or deny any investigation into the executive suite at LPS. And…
A spokeswoman for Masto declined to confirm or deny whether the attorney general’s office is pursuing an investigation into higher-level LPS employees. As for the company’s clients, Kelleher told American Banker, “We simply don’t know if the major banks were aware of what these individuals were doing.” Kelleher added that the state would consider future actions if it were to discover that banks had sanctioned robo-signing.
Of course they would. I don’t think this ends with the midlevel staffers who were operating under orders. Unless you believe they came up with such a scheme on their own, they would have good reason to explain that they were merely carrying out official policy. This is just the first rung on the ladder.
I wonder about the impact of this in terms of those employees being willing to take the type of plea deal Lawrence did?
More on implications of Masto’s investigation here:
http://www.nakedcapitalism.com/2011/11/matt-stoller-nevada-attorney-general-catherine-cortez-masto-cracks-open-the-financial-crisis.htmlLearn the name Catherine Cortez Masto, because she just took a big leap in front of every public servant in the country in terms of restoring faith in government. As Nevada AG, she actually indicted someone for blowing up our housing system. Specifically, she handed down 606 counts of felony or gross misdemeanor indictments on robo-signing against two employees of big bank subcontractor Lender Processing Services.
It’s pretty clear from the indictment that these are mid-level employees, one level up supervisors of fraud rather than top CEOs. And yet, even if this were as far as it goes, it would still be a big deal. These would be the only charges served involving the housing crisis and its link with the structurally corrupt securitization chain so far. By itself, these indictments signify that the fraudulent foreclosure game is over for the big mortgage servicers in Nevada, which is the center of the foreclosure epidemic. It says the rule of law matters, in at least one corner of the country. But you don’t throw 606 counts against someone if all you’re going for is jail time for that person; this is about starting at the bottom, and flipping people. It could be the takedown of the mortgage servicer mafia, and then back to the origination.
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Masto has been by far the most aggressive AG on the civil side, suing Bank of America for multiple violations of a consent order on mortgage servicing, and even making the dreaded nuclear chain of title claim on foreclosures. It’s no surprise she’s taking the lead on criminal matters. Given that her office basically has no native resources or sector expertise in mortgage backed securities, it does make me wonder just what every other AG in the country and DOJ official is doing now that she’s proved bringing charges for fraud is not in fact impossible.
At this point, Masto has gone further than any other official in terms of restoring some sort of social contract. And that’s saying something. Leadership can come from anywhere, especially when the corruption seems to be everywhere. And with California AG Kamala Harris putting immense pressure on Fannie/Freddie on foreclosures, it suggests the tide is turning on this issue somewhat.
A couple more interesting related items:
The CEO/President of LPS retired this summer for (ahem) “health-relates reasons.”
Florida’s AG fired staff investigating LPS.
http://jacksonville.com/business/2011-07-07/story/president-ceo-lps-resigns-cites-health-reasonsLender Processing Services Inc. announced Wednesday that President and Chief Executive Officer Jeffrey Carbiener is resigning because of "significant health-related reasons," effective immediately. The Jacksonville-based company gave no other details.
LPS said Executive Chairman and former CEO Lee Kennedy will replace Carbiener on an interim basis, and the board of directors has established a committee to search for a replacement. Carbiener will continue to serve in an advisory capacity to Kennedy and the board of directors, but he also has resigned from the board.
LPS provides technology services to mortgage lenders through all phases of the loan process, from origination through foreclosure if the loan goes bad. The company has been under fire because of allegations that one of its subsidiaries falsified foreclosure documents. Although LPS said it has corrected that problem, the company has remained under investigation by federal and state authorities for its role in the nationwide foreclosure mess.
http://news.firedoglake.com/2011/07/22/florida-ags-politically-motivated-firings-protect-the-foreclosure-fraud-industry/Maybe it’s because I’ve done so much reporting on the foreclosure fraud issue, but I have to admit to some surprise that the firing of two Assistant Attorney Generals down in Florida, the hotbed of the housing crisis, hasn’t gotten much attention nationally. In my mind, this is the state-based equivalent of the US Attorney scandal. You have a conservative Attorney General who has fired two investigators who were tasked by a previous Republican regime with finding violations of the law. When they proved too effective for the next regime to stomach, they were canned. And now, the new AG, Pam Bondi, is smearing their reputations.
Let’s first give some background. Theresa Edwards and June Clarkson were heading up investigations in the Florida Attorney General’s office on a series of crimes for over a year. Former AG Bill McCollum put them on this task, and they executed. Their interviews and collections of data were essential in rooting out fraud among document processors like Lender Processing Services, and the scores of foreclosure mill law firms operating in the state. Their presentation, “Unfair, Deceptive and Unconscionable Acts in Foreclosure Cases,” was so influential on the issues of fabricated and forged documents, that it is being used as evidence in a New York foreclosure fraud case against HSBC. The servicer for many HSBC loans, Ocwen, is cited repeatedly in Clarkson and Edwards’ report.
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Clarkson and Edwards claim that under Bondi, they felt pressure to ease up on their investigations. Their supervisors suddenly began questioning their findings. “Obviously we did our job too well,” Theresa Edwards told the Orlando Sentinel.
This is disgusting and deserves wide attention. You have a Republican Attorney General engaged in politically motivated firings that will allow criminals to go free and hurt hundreds of thousands of homeowners being ripped off by the system.
http://articles.orlandosentinel.com/2011-08-12/news/os-foreclosure-firings-fallout-20110812_1_foreclosure-fraud-marshall-c-watson-investigationEight months after she took office as a first-time elected official, Attorney General Pam Bondi is facing a management crisis replete with allegations of old-fashioned political interference in cases and a revolving door between lawyers and the companies they investigate.
An outside investigator is looking into the circumstances surrounding the May firings of foreclosure fraud investigators June Clarkson and Theresa Edwards. This week, another investigator abruptly resigned after giving the media a 16-page memo noting that two other high-profile lawyers in the attorney general's office had taken jobs with companies under investigation, and accusing top management of interfering in an investigation of a prominent Tampa car dealership.
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The latest blast came from Andrew Spark, who resigned from Bondi's Tampa economic crimes office and said in a 16-page, memo that he was speaking out because the public deserved "fair and honest government, independent of personal connections and powerful interests."
He complained that two top lawyers, former assistant attorney general Joe Jacquot and former Economic Crimes Division Director Mary Leontakianakos, had both taken jobs with foreclosure companies under state investigation, Jacksonville-based Lender Processing Services and the Law Offices of Marshall C. Watson in Fort Lauderdale. Both had worked for Bondi's predecessor, Bill McCollum, who lost a primary bid for governor last fall.