LOS ANGELES
– A career con man pleaded guilty today in a federal fraud case stemming from a
real estate scam that targeted distressed homeowners, many of whom were elderly
individuals who were scammed out of their homes, losing significant equity in
the properties accumulated over the course of their lifetimes and sometimes
over the course of generations of home ownership.
Michael
“Mickey” Henschel, 70, of Van Nuys, pleaded guilty to mail fraud in relation to
the scheme that generated more than $17 million in profits and caused
homeowners to suffer approximately $10 million in losses when they lost title
to their homes and when they were defrauded into giving Henschel and his
co-conspirators money as part of the scam. Henschel’s fraudulent conduct also
caused losses to mortgage lenders and purchasers of foreclosed properties.
With another
defendant pleading guilty today, a total of seven conspirators linked to
Henschel’s Van Nuys-based businesses have now pleaded guilty in the scheme that
used fraudulent deeds to steal properties from homeowners, and also charged
homeowners illegal fees to delay foreclosure and eviction actions.
According to
court documents, Henschel – who used various aliases, including “Frank
Winston,” “Steve Lopez” and “Ron Berman” – and his co-conspirators tricked
distressed homeowners into signing fraudulent deeds on their properties with
false promises that the deeds would help homeowners protect their properties
from creditors. The fraudulent deeds allowed Henschel and the others to
fraudulently file documents on the titles to the targeted homeowners’
properties. For example, they filed fraudulent grant deeds that purported to
convey an interest in the properties to entities that Henschel controlled. They
also filed fraudulent trust deeds based on fictional loans supposedly
guaranteed by the targeted homeowners and fraudulent liens that recorded an interest
in the properties based on fictional debts.
Henschel and
his co-conspirators benefited from the fraudulent filings in a variety of ways,
including through outright theft of the properties, mortgages that
co-conspirators obtained on the properties, and rental payments that they
obtained from tenants living in the properties. The schemers also made money by
demanding payments from the targeted homeowners to clear up the title, and from
fraudulent state court civil actions that Henschel and his co-conspirators used
to leverage settlement payments.
Four other
defendants who worked for Henschel’s various companies recently pleaded guilty
to conspiracy to commit mail fraud and bankruptcy fraud. They are:
• Camerino
“Mino” Islas, 42, of North Hollywood;
• Claudia
“Jessica” Islas, 43, of Reseda;
• Juan
Carlos Velasquez, 44, of Sylmar; and
• Eugene
“Gene” Fulmer, 84, of Encino, who pleaded guilty today.
Two other
individuals – Shara Surabi, 35, of Burbank, and Lidia Alvarez, 55, of Bell
Gardens – pleaded guilty in late 2017 to federal charges related to this
scheme.
The real
estate fraud scheme had two parts – one involving property theft and litigation
extortion, and the other involving illegal foreclosure and eviction delay.
In relation
to the first aspect of the scheme, Henschel and his co-conspirators identified
distressed homeowners who were in default on mortgages or were experiencing
financial troubles, even though some had large amounts of equity in their
properties. These homeowners were falsely told that Henschel was a
sophisticated real estate investor and attorney who would purchase their
properties on fair market terms, or he could help protect the homes from
creditors. Henschel and the others promised distressed homeowners that they
could refinance mortgages or restructure real estate holdings to insulate the
properties from creditors, and that Henschel and other co-conspirators could
manage the properties on an ongoing basis.
Henschel and
the others convinced homeowners to sign fraudulent documents that were recorded
on the titles to their homes. In some cases, these fraudulent filings were used
to steal properties outright. In other cases, the conspirators exploited the
fraudulent filings by initiating foreclosure proceedings and demanding money
from homeowners before the properties could be sold. Henschel and his
co-conspirators also leveraged the high cost of bringing and defending civil actions
to extort settlement payments from homeowners, relying on the fact that it
would often be less expensive for homeowners to pay money than to fight them in
court.
In the
foreclosure rescue part of the scheme, Henschel and his co-conspirators used
fraudulent filings to charge homeowners fees to delay foreclosure and eviction
actions. Henschel and the others had homeowners sign fraudulent deeds that
transferred interests to debtors in bankruptcy cases – but the bankruptcies
were fraudulent and used solely as part of the fraudulent scheme, not as part
of any genuine effort to restructure or eliminate debts. Many of the fraudulent
bankruptcies were filed in the names of fictional people and entities, and some
involved stolen identities. Henschel and his co-conspirators sent fake deeds
and fraudulent bankruptcy petitions to trustees to stop foreclosure sales, and
they delayed evictions in a similar way, mainly by sending bogus documents to
various county sheriff’s offices.
As a result of
his guilty plea today, Henschel is facing a statutory maximum sentence of 20
years in federal prison. The other six defendants each face up to five years’
imprisonment. Henschel is scheduled to be sentenced by United States District
Judge Virginia A. Phillips on August 12, and the four other conspirators who
recently pleaded guilty are scheduled to be sentenced on August 26. Surabi and
Alvarez are expected to be sentenced later this year.
As part of
his plea agreement, Henschel agreed to forfeit money and property that
represent proceeds of the fraudulent scheme, including more than $100,000 in
cash seized from a bank account and various residential properties in the San
Fernando Valley, Glendale and Pasadena.
The case
against Henschel and the others are the result of an investigation by the
Federal Bureau of Investigation, and the Federal Housing Finance Agency -
Office of Inspector General. The United States Trustee’s Office for the Central
District of California initially referred the matter for investigation and has
provided substantial assistance. Also providing assistance during the
investigation were the Alameda County District Attorney’s Office, the Los
Angeles County Recorder’s Office, the Alameda County Recorder’s Office, and the
San Diego County Recorder’s Office.
This case is
being prosecuted by Assistant United States Attorneys Kerry L. Quinn and Eddie
A. Jauregui of the Major Frauds Section. The forfeiture part of the case is
being handled by Assistant United States Attorney Jonathan S. Galatzan of the Asset
Forfeiture Section.
No comments:
Post a Comment