WASHINGTON – Teresa Kelly, a former operations supervisor in Colonial Financial institution’s Mortgage Warehouse Lending Division (MWLD), pleaded responsible in the present day to conspiring to commit financial institution, wire and securities fraud for her function in a fraud scheme that contributed to the failures of Colonial Financial institution and Taylor, Bean & Whitaker (TBW).
The responsible plea was introduced in the present day by Assistant Legal professional Basic Lanny A. Breuer of the Felony Division; U.S. Legal professional Neil H. MacBride for the Jap District of Virginia; Particular Inspector Basic Neil Barofsky for the Troubled Asset Aid Program (SIGTARP); Assistant Director in Cost James W. McJunkin of the FBI’s Washington Discipline Workplace; Michael P. Stephens, Inspector Basic of the Division of Housing and City Improvement (HUD OIG); Jon T. Rymer, Inspector Basic of the Federal Deposit Insurance coverage Company (FDIC OIG); Steve A. Linick, Inspector Basic of the Federal Housing Finance Company (FHFA OIG); and Victor F. O. Track, Chief of the Inside Income Service (IRS) Felony Investigation.
Kelly, 35, of Ocoee, Fla., pleaded responsible earlier than U.S. District Choose Leonie M. Brinkema within the Jap District of Virginia. Kelly faces a most penalty of 5 years in jail when she is sentenced on June 17, 2011. In a associated motion, the U.S. Securities and Trade Fee (SEC) in the present day filed civil expenses in opposition to Kelly within the Jap District of Virginia.
In keeping with court docket paperwork, Kelly admitted that from 2002 by means of August 2009, she and her co-conspirators at Colonial Financial institution and TBW engaged in a scheme to defraud varied entities and people, together with Colonial Financial institution, a federally-insured financial institution; Colonial BancGroup Inc.; and the investing public. Kelly admitted that she knowingly and deliberately positioned Colonial Financial institution and Colonial BancGroup at important danger by inflicting them to buy greater than $400 million in belongings that had no worth.
Court docket paperwork state that in early 2002, TBW started operating overdrafts in its grasp checking account at Colonial Financial institution due to TBW’s incapability to fulfill its working bills, which included payroll, servicing funds owed to third-party purchasers of loans and/or mortgage-backed securities and different obligations. Kelly and her co-conspirators engaged in a sequence of fraudulent actions to cowl up the overdrafts, first by sweeping in a single day cash from one TBW account with extra funds into one other, and later by means of the fictional “gross sales” of mortgage loans to Colonial Financial institution, a fraud scheme the conspirators dubbed “Plan B.” The conspirators achieved this by sending mortgage knowledge to Colonial Financial institution for loans that didn’t exist or that TBW had already dedicated or offered to different third-party buyers. Kelly admitted that she knew and understood she and her co-conspirators had brought about Colonial Financial institution to pay TBW for belongings that had been nugatory to the financial institution.
In keeping with court docket paperwork, Kelly and her conspirators additionally brought about TBW to interact in gross sales to Colonial Financial institution of fictitious trades that had no collateral backing them and had no worth. To acquire fraudulent funding by means of these trades, TBW co-conspirators would contact Kelly or one other co-conspirator at Colonial Financial institution when the mortgage firm wanted an advance from the financial institution. Conspirators at TBW would wire a request that included false documentation purporting to characterize the sale of the trades to Colonial Financial institution to assist the discharge of the funds. Kelly and others brought about the false info to be entered into Colonial Financial institution’s books and information, giving the looks that Colonial Financial institution owned a 99 % curiosity in authentic securities, when in actual fact the securities had no worth and couldn’t be offered.
Kelly admitted in the present day that she and her co-conspirators took steps to cover the fraud scheme from Colonial Financial institution’s and Colonial BancGroup’s senior administration, auditors and regulators, and Colonial BancGroup’s shareholders, together with by offering materially false info that considerably overstated belongings held within the MWLD portfolio. Kelly knew that these actions brought about materially false monetary knowledge to be reported to Colonial BancGroup and included in its publicly filed statements.
In August 2009, the Alabama State Banking Division, Colonial Financial institution’s regulator, seized the financial institution and appointed the FDIC as receiver. Colonial BancGroup additionally filed for chapter in August 2009.
Raymond Bowman, the previous president of TBW; Desiree Brown, the previous treasurer of TBW; and Catherine Kissick, a former senior vp of Colonial Financial institution and head of its Mortgage Warehouse Lending Division, beforehand pleaded responsible for his or her roles within the fraud scheme.
The case is being prosecuted by Deputy Chief Patrick Stokes and Trial Legal professional Robert Zink of the Felony Division’s Fraud Part and Assistant U.S. Attorneys Charles Connolly and Paul Nathanson of the Jap District of Virginia. This case was investigated by SIGTARP, FBI’s Washington Discipline Workplace, FDIC OIG, HUD OIG, FHFA OIG and the IRS Felony Investigation. The Monetary Crimes Enforcement Community (FinCEN) of the Division of the Treasury additionally offered assist within the investigation.
This prosecution was introduced in coordination with President Barack Obama’s Monetary Fraud Enforcement Activity Drive. President Obama established the interagency Monetary Fraud Enforcement Activity Drive to wage an aggressive, coordinated and proactive effort to analyze and prosecute monetary crimes. The duty drive consists of representatives from a broad vary of federal companies, regulatory authorities, inspectors common and state and native legislation enforcement who, working collectively, convey to bear a strong array of felony and civil enforcement assets. The duty drive is working to enhance efforts throughout the federal government department, and with state and native companions, to analyze and prosecute important monetary crimes, guarantee simply and efficient punishment for many who perpetrate monetary crimes, fight discrimination within the lending and monetary markets, and recuperate proceeds for victims of monetary crimes.