INTRODUCTION. At all times relevant to this Superseding Indictment: 1. The defendants MATTHEW BURSTEIN, ELIAS COMPRES,

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1 DAS/LM:AAS F.#2010R01348 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK X UNITED STATES OF AMERICA - against - MATTHEW BURSTEIN, ELIAS COMPRES, JOHN CONSTANTANIDES, ARTURO GIRALDO, AARON RABINOWITZ and ROLANDO E. ROLDAN, S U P E R S E D I N G I N D I C T M E N T Cr. No (S-2)(ARR) (T. 18, U.S.C., 981(a)(1)(c), 982(a)(2)(A), 1343, 1344, 1349, 2 and 3551 et seq.; T. 21, U.S.C., 853(p); T. 28, U.S.C., 2461(c)) Defendants X THE GRAND JURY CHARGES: INTRODUCTION At all times relevant to this Superseding Indictment: 1. The defendants MATTHEW BURSTEIN, ELIAS COMPRES, JOHN CONSTANTANIDES, ARTURO GIRALDO, AARON RABINOWITZ and ROLANDO E. ROLDAN, together with others, defrauded various lending institutions (the Lenders ) by obtaining mortgages on properties (the Properties ) located in the Eastern District of New York and elsewhere through fraudulent means, including by falsifying mortgage loan applications, appraisals, title reports and other documents. That false information made the borrowers appear to be more creditworthy, and falsely enhanced the purported value of the Properties. As a result, the Lenders were fraudulently induced to issue mortgage loans secured by the Properties. The amount of the mortgage loans obtained by defendants BURSTEIN,

2 COMPRES, CONSTANTANIDES, GIRALDO, RABINOWITZ, ROLDAN and others exceeded $25 million. I. The Defendants 2. The defendants MATTHEW BURSTEIN and AARON RABINOWITZ were attorneys licensed to practice law in the State of New York. BURSTEIN and RABINOWITZ acted as attorneys representing buyers and mortgage lenders in real estate transactions involving some of the Properties. 3. The defendant ELIAS COMPRES was a real estate agent licensed in the State of New York. COMPRES recruited individuals to pose as purchasers of some of the Properties (the Straw Buyers ). 4. The defendants JOHN CONSTANTANIDES and ARTURO GIRALDO were loan officers. CONSTANTANIDES and GIRALDO submitted mortgage applications and other documents containing false and fraudulent information to the Lenders in an effort to obtain home mortgage loans. 5. The defendant ROLANDO E. ROLDAN recruited Straw Buyers to pose as purchasers of some of the Properties. II. The Lenders 6. Chase Home Finance was a wholly-owned subsidiary of JP Morgan Chase ( JP Morgan ), a bank, the deposits of which were insured by the Federal Deposit Insurance Corporation ( FDIC ). 2

3 7. Countrywide Home Loans was a wholly-owned subsidiary of Countrywide Financial ( Countrywide ), a bank, the deposits of which were insured by the FDIC. 8. Fremont Investment and Loan ( Fremont ) was a bank, the deposits of which were insured by the FDIC. 9. IndyMac Mortgage Services was a wholly-owned subsidiary of IndyMac Bank ( IndyMac ), a bank, the deposits of which were insured by the FDIC. 10. National City Mortgage was a wholly-owned subsidiary of National City Corporation ( National City ), a bank, the deposits of which were insured by the FDIC. 11. Sun Trust Mortgage, Inc. ( Sun Trust Mortgage ) was a bank, the deposits of which were insured by the FDIC. 12. Wells Fargo Home Mortgage was a wholly-owned subsidiary of Wells Fargo & Company ( Wells Fargo ), a bank, the deposits of which were insured by the FDIC. 13. Lend-Mor Mortgage Bankers Corporation ( Lend-Mor ) was a wholesale mortgage lender doing business throughout the United States, including in New York. 14. Mortgage Lenders Network USA, Inc. ( Mortgage Lenders ) was a wholesale mortgage lender doing business throughout the United States, including in New York. 15. New Century Mortgage Corporation ( New Century ) was a wholesale mortgage lender doing business throughout the United States, including in New York. 3

4 16. The Federal Housing Administration ( FHA ) provided insurance on mortgage loans for single-family and multifamily homes issued by FHA-approved Lenders. The FHA insured some of the loans issued by the Lenders. III. The Borrowers 17. The defendants ELIAS COMPRES and ROLANDO E. ROLDAN, together with others, recruited purchasers (the Purchasers ) who desired to purchase the Properties for their own use. The Purchasers generally were individuals with good credit scores, but with income and assets that were insufficient to secure a mortgage loan. The defendants COMPRES and ROLDAN, together with others, often promised the Purchasers either that no down payment would be necessary to purchase the Properties, or that any down payment would be refunded to them at the closings. 18. The defendants ELIAS COMPRES and ROLANDO E. ROLDAN, together with others, also recruited Straw Buyers to pose as the purchasers of some of the Properties. Like the Purchasers, the Straw Buyers generally were individuals with good credit scores, but with income and assets that were insufficient to secure a mortgage loan. Unlike the Purchasers, however, the Straw Buyers did not intend to inhabit or control the Properties. Instead, the defendants COMPRES and ROLDAN, together with others, were the true owners of the Properties purportedly purchased by the Straw Buyers. In exchange for the use of their names and good credit, the Straw Buyers often received a fee. 4

5 19. In some cases, the defendant ELIAS COMPRES and others (the Co-conspirators ) purchased multiple Properties in their own names. Like the Purchasers and the Straw Buyers, the defendant COMPRES and the Co-conspirators had good credit scores, but insufficient income and assets to secure multiple mortgage loans. Like the Straw Buyers, COMPRES and the Co-conspirators did not intend to inhabit the Properties but rather purchased the Properties as investments. IV. The Fraudulent Scheme 20. Once Purchasers or Straw Buyers were recruited, the defendants ELIAS COMPRES, JOHN CONSTANTANIDES, ARTURO GIRALDO and ROLANDO E. ROLDAN, together with others, prepared and caused to be prepared mortgage applications for the Properties. These mortgage applications contained numerous misrepresentations and material falsehoods designed to make the Purchasers, Straw Buyers, the defendant COMPRES and the Co-conspirators appear more creditworthy. Among other things, the mortgage applications falsely inflated the bank account balances and income for the Purchasers, Straw Buyers, the defendant COMPRES and the Coconspirators. Additionally, some of the mortgage applications falsely stated that the mortgage applicants would live at the Properties. The defendants MATTHEW BURSTEIN, COMPRES, CONSTANTANIDES, GIRALDO, AARON RABINOWITZ and ROLDAN, together with others, caused these applications and supporting documents 5

6 to be sent to the Lenders by facsimile or via electronic transmissions. 21. As a condition for issuing the mortgage loans, the Lenders required the Purchasers, Straw Buyers, the defendant ELIAS COMPRES and the Co-conspirators to make down payments on the purchase of the Properties. Notwithstanding these requirements, the Purchasers, Straw Buyers, the defendant COMPRES and the Co-conspirators often did not make any down payments. 22. To conceal these facts from the Lenders, the defendants MATTHEW BURSTEIN, ELIAS COMPRES, JOHN CONSTANTANIDES, ARTURO GIRALDO, AARON RABINOWITZ and ROLANDO E. ROLDAN, together with others, falsified Department of Housing and Urban Development forms (the Falsified HUD Forms ), designed to deceive the Lenders about the disbursements at closings. For example, the Falsified HUD Forms represented that some of the Purchasers, Straw Buyers, the defendant COMPRES and the Coconspirators had made a down payment or other cash payment to the sellers when, in fact, none had been made. 23. In many instances, the Purchasers, Straw Buyers, the defendant ELIAS COMPRES and the Co-conspirators failed to make mortgage payments to the Lenders, and the mortgage loans for the Properties defaulted. 24. The fraudulent scheme included the following transactions: 6

7 PROPERTY ADDRESS th Street East Elmhurst, New York th Street Jackson Heights, New York th Avenue East Elmhurst, New York th Street Ozone Park, New York 67-33A Cloverdale Lane New York, New York 23 Lurcott Lane Central Islip, New York th Street Jackson Heights, New York th Street East Elmhurst, New York rd Avenue Bellerose, New York th Avenue Elmhurst, New York th Street East Elmhurst, New York 848 Quincy Ave Bronx, New York th Street East Elmhurst, New York Hollis Court Boulevard Queens Village, New York th Avenue East Elmhurst, New York st Street East Elmhurst, New York th Street College Point, New York nd Avenue East Elmhurst, New York th Street East Elmhurst, New York th Street Woodhaven, New York rd Street East Elmhurst, New York Ditmars Boulevard East Elmhurst, New York Denman Street Elmhurst, New York APPROXIMATE CLOSING DATE September 30, 2005 October 28, 2005 November 30, 2005 February 8, 2006 February 13, 2006 February 22, 2006 March 14, 2006 April 28, 2006 June 28, 2006 June 28, 2006 July 19, 2006 July 31, 2006 July 31, 2006 September 21, 2006 September 23, 2006 November 20, 2006 November 20, 2006 November 20, 2006 November 28, 2006 January 31, 2007 January 31, 2007 June 4, 2007 August 10,

8 PROPERTY ADDRESS rd Street Jackson Heights, New York th Street East Elmhurst, New York st Avenue Woodhaven, New York th Street Woodhaven, New York 1754 Lacombe Avenue Bronx, New York 172 Sylvester Street Westbury, New York th Road Woodhaven, New York APPROXIMATE CLOSING DATE August 20, 2007 August 30, 2007 December 5, 2007 December 28, 2007 January 16, 2008 February 29, 2008 March 5, 2009 COUNT ONE (Conspiracy to Commit Bank and Wire Fraud) 25. The allegations contained in paragraphs one 26. In or about and between January 2001 and July 2010, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendants MATTHEW BURSTEIN, ELIAS COMPRES, JOHN CONSTANTANIDES, ARTURO GIRALDO, AARON RABINOWITZ and ROLANDO E. ROLDAN, together with others, did knowingly and intentionally conspire to: a. execute a scheme and artifice to defraud JP Morgan, through its subsidiary Chase Home Finance, Countrywide, through its subsidiary, Countrywide Home Loans, Fremont, IndyMac, through its subsidiary, IndyMac Mortgage Services, National City, through its subsidiary, National City Mortgage, Sun Trust Mortgage and Wells Fargo, through its subsidiary, Wells Fargo 8

9 Home Mortgage, all financial institutions, and to obtain moneys, funds and credits owned by and under the custody and control of said financial institutions by means of materially false and fraudulent pretenses, representations and promises, contrary to Title 18, United States Code, Section 1344; and b. devise a scheme and artifice to defraud Lend- Mor, Mortgage Lenders, New Century and others, and to obtain money and property from Lend-Mor, Mortgage Lenders, New Century and others by means of materially false and fraudulent pretenses, representations and promises, and for the purpose of executing such scheme and artifice, to transmit and cause to be transmitted by means of wire communication in interstate commerce, writings, signs, signals, pictures and sounds, contrary to Title 18, United States Code, Section et seq.) (Title 18, United States Code, Sections 1349 and 3551 COUNT TWO (Bank Fraud th Street, East Elmhurst, New York) 27. The allegations contained in paragraphs one 28. On or about September 30, 2005, a closing was held for a mortgage loan issued by Countrywide, through its subsidiary, Countrywide Home Loans and secured by th Street, East Elmhurst, New York. This closing was held in Harrison, New York. 9

10 29. In or about and between August 2005 and October 2005, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendant ELIAS COMPRES, together with others, did knowingly and intentionally execute a scheme and artifice to defraud Countrywide, through its subsidiary, Countrywide Home Loans, and to obtain moneys, funds and credits owned by and under the custody and control of said financial institution by means of materially false and fraudulent pretenses, representations and promises. COUNT THREE (Bank Fraud th Street, Ozone Park, New York) 30. The allegations contained in paragraphs one 31. On or about February 8, 2006, a closing was held for a mortgage loan issued by Fremont and secured by th Street, Ozone Park. This closing was held in Hauppauge, New York. 32. In or about and between February 2006 and March 2006, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendant ARTURO GIRALDO, together with others, did knowingly and intentionally execute a scheme and artifice to defraud Fremont and to obtain moneys, funds and credits owned by and under the custody and 10

11 control of said financial institution by means of materially false and fraudulent pretenses, representations and promises. COUNT FOUR (Bank Fraud th Street, East Elmhurst, New York) 33. The allegations contained in paragraphs one 34. On or about July 31, 2006, a closing was held for a mortgage loan issued by Countrywide, through its subsidiary, Countrywide Home Loans and secured by th Street, East Elmhurst, New York. This closing was held in Queens, New York at the offices of the defendants MATTHEW BURSTEIN and AARON RABINOWITZ. 35. In or about and between June 2006 and August 2006, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendants MATTHEW BURSTEIN, ELIAS COMPRES and AARON RABINOWITZ, together with others, did knowingly and intentionally execute a scheme and artifice to defraud Countrywide, through its subsidiary, Countrywide Home Loans, and to obtain moneys, funds and credits 11

12 owned by and under the custody and control of said financial institution by means of materially false and fraudulent pretenses, representations and promises. COUNT FIVE (Bank Fraud Hollis Court Boulevard, Queens Village, New York) 36. The allegations contained in paragraphs one 37. On or about September 21, 2006, a closing was held for a mortgage loan issued by JP Morgan, through its subsidiary Chase Home Finance, and secured by Hollis Court Boulevard, Queens Village, New York. This closing was held in Great Neck, New York. 38. In or about and between October 2006 and December 2006, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendant ARTURO GIRALDO, together with others, did knowingly and intentionally execute a scheme and artifice to defraud JP Morgan, through its subsidiary Chase Home Finance, and to obtain moneys, funds and 12

13 credits owned by and under the custody and control of said financial institution by means of materially false and fraudulent pretenses, representations and promises. COUNT SIX (Bank Fraud st Street, East Elmhurst, New York) 39. The allegations contained in paragraphs one 40. On or about November 20, 2006, a closing was held for a mortgage loan issued by Sun Trust Mortgage and secured by st Street, East Elmhurst, New York. This closing was held in Queens, New York at the offices of the defendants MATTHEW BURSTEIN and AARON RABINOWITZ. 41. In or about and between July 2006 and November 2006, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendants MATTHEW BURSTEIN, ELIAS COMPRES and AARON RABINOWITZ, together with others, did knowingly and intentionally execute a scheme and artifice to defraud Sun Trust Mortgage and to obtain moneys, funds and credits owned by and under the custody and control of said financial institution by means of materially false and fraudulent pretenses, representations and promises. 13

14 COUNT SEVEN (Wire Fraud th Street, College Point, New York) 42. The allegations contained in paragraphs one 43. On or about November 20, 2006, a closing was held for a mortgage loan issued by New Century and secured by th Street, College Point, New York. This closing was held in Queens, New York at the offices of the defendants MATTHEW BURSTEIN and AARON RABINOWITZ. 44. In or about and between July 2006 and November 2006, both dates being approximate and inclusive, within the Southern District of New York and elsewhere, the defendants MATTHEW BURSTEIN, ELIAS COMPRES and AARON RABINOWITZ, together with others, did knowingly and intentionally devise a scheme and artifice to defraud New Century, and to obtain money and property from New Century by means of materially false and fraudulent pretenses, representations and promises, and for the purpose of executing such scheme and artifice, did transmit and cause to be transmitted, by means of wire communication in interstate commerce, writings, signs, signals, pictures and sounds, to wit: a funding wire transmission from Deutsche Bank in New York, New York to Commerce Bank in Mt. Laurel, New Jersey on November 20, (Title 18, United States Code, Sections 1343, 2 and 14

15 COUNT EIGHT (Bank Fraud nd Avenue, East Elmhurst, New York) 45. The allegations contained in paragraphs one 46. On or about November 20, 2006, a closing was held for a mortgage loan issued by National City, through its subsidiary National City Mortgage and secured by nd Avenue, East Elmhurst, New York. This closing was held in Northport, New York. 47. In or about and between July 2006 and November 2006, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendant ELIAS COMPRES, together with others, did knowingly and intentionally execute a scheme and artifice to defraud National City, through its subsidiary National City Mortgage, and to obtain moneys, funds and credits owned by and under the custody and control of said financial institution by means of materially false and fraudulent pretenses, representations and promises. COUNT NINE (Bank Fraud th Street, East Elmhurst, New York) 48. The allegations contained in paragraphs one 15

16 49. On or about November 28, 2006, a closing was held for a mortgage loan issued by Fremont and secured by th Street, East Elmhurst, New York. This closing was held in Queens, New York at the offices of the defendants MATTHEW BURSTEIN and AARON RABINOWITZ. 50. In or about and between July 2006 and November 2006, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendants MATTHEW BURSTEIN, ELIAS COMPRES and AARON RABINOWITZ, together with others, did knowingly and intentionally execute a scheme and artifice to defraud Fremont and to obtain moneys, funds and credits owned by and under the custody and control of said financial institution by means of materially false and fraudulent pretenses, representations and promises. COUNT TEN (Bank Fraud th Street, Woodhaven, New York) 51. The allegations contained in paragraphs one 52. On or about January 31, 2007, a closing was held for a mortgage loan issued by Countrywide, through its subsidiary, Countrywide Home Loans and secured by th Street, Woodhaven, New York. This closing was held in Queens, 16

17 New York at the offices of the defendants MATTHEW BURSTEIN and AARON RABINOWITZ. 53. In or about and between December 2006 and February 2007, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendants MATTHEW BURSTEIN and AARON RABINOWITZ, together with others, did knowingly and intentionally execute a scheme and artifice to defraud Countrywide, through its subsidiary, Countrywide Home Loans, and to obtain moneys, funds and credits owned by and under the custody and control of said financial institution by means of materially false and fraudulent pretenses, representations and promises. COUNT ELEVEN (Wire Fraud rd Street, Woodhaven, New York) 54. The allegations contained in paragraphs one 55. On or about January 31, 2007, a closing was held for a mortgage loan issued by New Century and secured by rd Street, Woodhaven, New York. This closing was held in Queens, New York at the offices of the defendants MATTHEW BURSTEIN and AARON RABINOWITZ. 56. In or about and between December 2006 and February 2007, both dates being approximate and inclusive, within the 17

18 Southern District of New York and elsewhere, the defendants MATTHEW BURSTEIN and AARON RABINOWITZ, together with others, did knowingly and intentionally devise a scheme and artifice to defraud New Century, and to obtain money and property from New Century by means of materially false and fraudulent pretenses, representations and promises, and for the purpose of executing such scheme and artifice, did transmit and cause to be transmitted, by means of wire communication in interstate commerce, writings, signs, signals, pictures and sounds, to wit: a funding wire transmission from Deutsche Bank in New York, New York to Commerce Bank in Mt. Laurel, New Jersey on January 31, (Title 18, United States Code, Sections 1343, 2 and COUNT TWELVE (Bank Fraud Ditmars Boulevard, East Elmhurst, New York) 57. The allegations contained in paragraphs one 58. On or about June 4, 2007, a closing was held for a mortgage loan issued by Countrywide, through its subsidiary, Countrywide Home Loans and secured by Ditmas Boulevard, East Elmhurst, New York. This closing was held in Red Bank, New Jersey. 59. In or about and between May 2007 and June 2007, both dates being approximate and inclusive, within the Eastern 18

19 District of New York and elsewhere, the defendant ELIAS COMPRES, together with others, did knowingly and intentionally execute a scheme and artifice to defraud Countrywide, through its subsidiary, Countrywide Home Loans, and to obtain moneys, funds and credits owned by and under the custody and control of said financial institution by means of materially false and fraudulent pretenses, representations and promises. COUNT THIRTEEN (Bank Fraud st Avenue, Hollis, New York) 60. The allegations contained in paragraphs one 61. On or about July 17, 2007, a closing was held for a mortgage loan issued by Wells Fargo, through its subsidiary, Wells Fargo Home Mortgage and secured by st Avenue, Hollis, New York. This closing was held in Queens, New York at the offices of the defendants MATTHEW BURSTEIN and AARON RABINOWITZ. 62. In or about and between June 2007 and August 2007, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendants MATTHEW BURSTEIN, JOHN CONSTANTINIDES and AARON RABINOWITZ, together with others, did knowingly and intentionally execute a scheme and artifice to defraud Wells Fargo, through its subsidiary, Wells 19

20 Fargo Home Mortgage, and to obtain moneys, funds and credits owned by and under the custody and control of said financial institution by means of materially false and fraudulent pretenses, representations and promises. COUNT FOURTEEN (Bank Fraud rd Street, Jackson Heights, New York) 63. The allegations contained in paragraphs one 64. On or about August 20, 2007, a closing was held for a mortgage loan issued by Wells Fargo, through its subsidiary, Wells Fargo Home Mortgage and secured by rd Street, Jackson Heights, New York. This closing was held in Queens, New York at the offices of the defendants MATTHEW BURSTEIN and AARON RABINOWITZ. 65. In or about and between July 2007 and September 2007, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendants MATTHEW BURSTEIN, JOHN CONSTANTINIDES and AARON RABINOWITZ, together with others, did knowingly and intentionally execute a scheme and artifice to defraud Wells Fargo, through its subsidiary, Wells Fargo Home Mortgage, and to obtain moneys, 20

21 funds and credits owned by and under the custody and control of said financial institution by means of materially false and fraudulent pretenses, representations and promises. COUNT FIFTEEN (Bank Fraud th Street, East Elmhurst, New York) 66. The allegations contained in paragraphs one 67. On or about August 30, 2007, a closing was held for a mortgage loan issued by Wells Fargo, through its subsidiary, Wells Fargo Home Mortgage and secured by th Street, East Elmhurst, New York. This closing was held in Queens, New York at the offices of the defendants MATTHEW BURSTEIN and AARON RABINOWITZ. 68. In or about and between July 2007 and September 2007, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendants MATTHEW BURSTEIN, JOHN CONSTANTINIDES and AARON RABINOWITZ, together with others, did knowingly and intentionally execute a scheme and artifice to defraud Wells Fargo, through its subsidiary, Wells Fargo Home Mortgage, and to obtain moneys, 21

22 funds and credits owned by and under the custody and control of said financial institution by means of materially false and fraudulent pretenses, representations and promises. COUNT SIXTEEN (Bank Fraud st Avenue, Woodhaven, New York) 69. The allegations contained in paragraphs one 70. On or about December 5, 2007, a closing was held for a mortgage loan issued by IndyMac, through its subsidiary, IndyMac Mortgage Services and secured by st Avenue, Woodhaven, New York. This closing was held in Queens, New York at the offices of the defendants MATTHEW BURSTEIN and AARON RABINOWITZ. 71. In or about and between November 2007 and January 2008, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendants MATTHEW BURSTEIN and AARON RABINOWITZ, together with others, did knowingly and intentionally execute a scheme and artifice to defraud IndyMac, through its subsidiary, IndyMac Mortgage Services, and to obtain moneys, funds and credits owned by and 22

23 under the custody and control of said financial institution by means of materially false and fraudulent pretenses, representations and promises. COUNT SEVENTEEN (Bank Fraud th Street, Woodhaven, New York) 72. The allegations contained in paragraphs one 73. On or about December 28, 2007, a closing was held for a mortgage loan issued by Wells Fargo, through its subsidiary, Wells Fargo Home Mortgage and secured by th Street, Woodhaven. This closing was held in Queens, New York at the offices of the defendants MATTHEW BURSTEIN and AARON RABINOWITZ. 74. In or about and between November 2007 and January 2008, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendants MATTHEW BURSTEIN, JOHN CONSTANTINIDES, and AARON RABINOWITZ, together with others, did knowingly and intentionally execute a scheme and artifice to defraud Wells Fargo, through its subsidiary, Wells Fargo Home Mortgage, and to obtain moneys, 23

24 funds and credits owned by and under the custody and control of said financial institution by means of materially false and fraudulent pretenses, representations and promises. COUNT EIGHTEEN (Wire Fraud th Road, Woodhaven, New York) 75. The allegations contained in paragraphs one 76. On or about March 5, 2009, a closing was held for a mortgage loan issued by Lend-Mor and secured by th Road, Woodhaven, New York. This closing was held in New York, New York. 77. In or about and between December 2008 and March 2009, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendant ROLANDO E. ROLDAN, together with others, did knowingly and intentionally devise a scheme and artifice to defraud Lend-Mor, and to obtain money and property from Lend-Mor by means of materially false and fraudulent pretenses, representations and promises, and for the purpose of executing such scheme and artifice, did transmit and cause to be transmitted, by means of wire communication in interstate, writings, signs, signals, pictures and sounds, to wit: a facsimile of a verification of employment form from Lend- 24

25 Mor in Valley Stream, New York to Westmore Fuel Company in Greenwich, Connecticut on February 12, (Title 18, United States Code, Sections 1343, 2 and CRIMINAL FORFEITURE ALLEGATION 78. The United States hereby gives notice to the defendants that, upon their conviction of any of the abovecharged offenses, the government will seek forfeiture in accordance with Title 18, United States Code, Section 981(a)(1)(c) and Title 28, United States Code, Section 2461(c), which require any person convicted of such offenses to forfeit any property constituting or derived from proceeds obtained directly or indirectly as a result of such offenses. 79. If any of the above-described forfeitable property, as a result of any act or omission of the defendants: (a) cannot be located upon the exercise of due diligence; (b) has been transferred or sold to, or deposited with, a third party; (c) has been placed beyond the jurisdiction of the court; (d) has been substantially diminished in value; or (e) has been commingled with other property which cannot be divided without difficulty; 25

26 it is the intent of the United States, pursuant to Title 21, United States Code, Section 853(p), as incorporated by Title 28, United States Code, Section 2461(c), to seek forfeiture of any other property of the defendants up to the value of the forfeitable property described in this forfeiture allegation. (Title 28, United States Code, Section 2461(c); Title 18, United States Code, Sections 981(a)(1)(c) and 982(a)(2)(A); Title 21, United States Code, Section 853(p)) A TRUE BILL FOREPERSON LORETTA E. LYNCH UNITED STATES ATTORNEY EASTERN DISTRICT OF NEW YORK 26