In federal court in St. Paul, Minn., the owner of a mortgage brokerage and the owner of a title closing company pleaded guilty for their roles in a mortgage fraud scheme involving undisclosed kickbacks to buyers, including some in the Cloud 9 Sky Flats development.
Daniel Douglas Boler, 42, of Maple Grove, Minn., and Susanne Eileen Mathis, 42, of Minnetonka, Minn., pleaded guilty to one count of conspiracy to commit mail and wire
fraud. They were charged on Dec. 23, 2011, and entered their pleas before U.S.
District Court Judge Paul Magnuson.
In their plea agreements, the defendants admitted that from 2007 through 2008, they
obtained money loan proceeds under fraudulent pretenses on behalf home buyers associated with an unnamed investment group. Boler owned Team Access, a licensed mortgage brokerage, and worked as a loan officer at that brokerage. Mathis owned Trend Title and closed residential real estate transactions. Both admitted using the U.S. mail and commercial carriers, as well as interstate wire transfers, during the course of the scheme. The loss to victim lenders because of their criminal wrongdoing was between $7 million and $20 million.
To further this conspiracy, Boler prepared mortgage loan applications to secure residential mortgage loans for buyers involved in an investment group managed by a person known in court documents as Individual A. Boler admitted making false representations on those applications, including inflating the incomes of buyers and failing to disclose that buyers would receive cash kickbacks from mortgage loan proceeds. In total, Boler secured mortgage loans for the purchase of approximately 108 properties.
For her part, Mathis admittedly closed approximately 88 fraudulent transactions for the
investment group, specifically concealing from mortgage lenders the fact that property
purchasers received kickbacks from mortgage loan proceeds and that the buyers were often not the source of the “cash to close.” The kickbacks were disguised as prepaid management fees and facilitator fees. In addition, Mathis closed between eight and 10 transactions in the Cloud 9 development, which also involved undisclosed buyer kickbacks.
For their crimes, the defendants face a potential maximum penalty of 20 years in prison.
Judge Magnuson will determine their sentences at future hearings. This case was the result of an investigation by the U.S. Postal Inspection Service and the Federal Bureau of Investigation and is being prosecuted by Tracy Perzel.