Former Cape Real Estate Attorney, Wife Face Fraud Charges

HYANNIS PORT, MA — A former real estate attorney and his wife were indicted Tuesday in federal court after prosecutors said the couple was involved with several mortgage fraud schemes.

Barry Plunkett Jr., 60, and Nancy Plunkett, 55, both of Hyannis Port, were charged with five counts of bank fraud and one count of aggravated identity theft. Barry Plunkett Jr. was also charged with one count of tax evasion.

According to court documents, Barry Plunkett owned the Plunkett Law Firm until he was disbarred in October 2017. His wife was his office assistant and paralegal.

Prosecutors said the couple engaged in several bank fraud schemes. In one scheme, from September 2012 to July 2016, prosecutors said the defendants defrauded six mortgage lenders and 14 homeowners for whom the Plunkett Law Firm handled the mortgage closings and refinancings for. Prosecutors said the Plunketts told the mortgage lenders that pre-existing mortgages were paid off from the new loan proceeds when, in fact, the Plunketts intentionally failed to pay off the prior liens and instead, converted more than $900,000 for their own purposes.

Court documents also revealed another fraud scheme between April 2015 and March 2018. Prosecutors said the Plunketts fraudulently used fake names, entities and false documents to obtain three successive mortgage loans on their home in Hyannis Port in amounts of $412,000, $470,000 and $1.2 million.

According to court documents, the defendants pledged as collateral a property in Hyannis Port that was held in a family trust for which Barry Plunkett Jr. was one of three beneficiaries. Prosecutors said both defendants participated in providing false documents to the lenders, including false title reports and other records to falsely represent that the property was free and clear of existing mortgage liens and forged documents in the names of other people.

Prosecutors said the Plunketts also lied to a lender, saying that Nancy Plunkett was a single woman living in Wellesley. They told lenders Nancy Plunkett was purchasing the property in her maiden name as a business investment when, in fact, the defendants had been married since 2014 and the property was their home, court documents said.

The brank fraud charge carries a sentence of up to 30 years in prison, five years of supervised release and a fine of $250,000. If Barry Plunkett is also convicted of tax evasion, he could face an additional five years in prison.