Loan Modification Fraud is another very popular type of case that is being filed in our current economy. Many individuals offer services where they will assist individuals in modifying their mortgages so that they can stay in their homes. It is illegal to take fees up front when providing these services. It is not a defense if you did not know that it was illegal to take up front fees. This is what we refer to as a “strict liability” crime. The number of counts charged will be determined by the number of individuals who paid up front fees. These cases are brought to the attention of prosecutors by individuals who are unhappy with the results obtained or lack of results obtained. The prosecutors will generally obtain search warrants in these case and seize all business records including computers. They will then interview each individual who worked with these people and the lenders to determine what if any work was done. If the prosecution determines that no work was done or misrepresentations were made in the course of business, theft charges will also be filed. Again, the number of counts is determined by the number of alleged victims. These cases can result in years in prison.
An experienced criminal defense attorney can assist greatly in these cases. There are many evidentiary or foundational problems that the prosecution can run into in these cases. Many elements must be proved before the prosecution can even get to the element of intent to defraud. The prosecution may not be able to prove each of these elements if they cannot get over the foundational hurdles. An experienced attorney can potentially get many counts dismissed which can result in a much lower sentence.
Ms. Bass has experience dealing with these cases and has obtained outstanding results for her clients