AG: 12 New Jersey Residents Conspired To Steal Almost $1 Million Through Mortgage Fraud

A 47-year-old Chatham lawyer has been charged, among 11 others, for conspiring to steal $925,138.77 from lenders through a mortgage fraud scheme and then laundering the money through her attorney trust fund, according to the New Jersey Attorney General’s Office.

Andrys Sofia Gomez, who used to work from offices in West New York and Union City, allegedly played a central role in the conspiracy.

She and her alleged co-conspirators were charged for filing fraudulent mortgage applications, falsified HUD settlement forms and diverted mortgage proceeds, according to the New Jersey Attorney General’s Office.

Gomez’s alleged co-conspirators include:

1. Pascual E. Aquasvivas, 46, of Bloomfield
2. Luis Percy, 45, of East Rutherford
3. Maria Percy, 38, (wife of Luis Percy) of East Rutherford
4. Fausto Codio, 43, of Paterson
5. Jose Vasquez, 46, of Paterson
6. Jorge Romero, 36, of Passaic
7. Keila Sosa, 35, of Passaic
8. Frank Luciano, 48, of Wayne
9. Jennifer Ramirez, 39, of Wayne
10. Ramon Ramirez, 46, (husband of Jennifer Ramirez) of Wayne
11. Francel Martinez, 35, of Passaic

They are accused of defrauding lenders through three separate loans:

• A $402,903.70 loan for a home at 21 Jersey Street in East Rutherford, which was purchased in a short sale for $207,507.

• A $274,274.40 loan for a home at 71-73 Putnam Street in Paterson, which was purchased in a short sale for $54,680.

• A $247,960,67 loan for a home at 496 Summer Street in Paterson, which was purchased in a short sale for $52,276.11.

All twelve defendants have been charged with first-degree conspiracy, first-degree money laundering, and second-degree theft by deception.

According to the New Jersey Attorney General’s Office:

Gomez and her co-defendants allegedly bought three discounted homes – two in Paterson and one in East Rutherford – through “short sales,” which are pre-foreclosure sales where the mortgage holder agrees to permit the home to be sold for less than the amount due on the loan.

The defendants allegedly used straw purchasers, who in turn sold each home at a much higher price to a co-conspirator or a buyer whose identity was used without full knowledge or authorization. In each case, money was borrowed for the higher-priced sale and the bank was not informed of the short sale, which occurred at about the same time.

Gomez, who handled all of the real estate closings, allegedly used the loan proceeds to pay off the short sale prices and kept the remaining money as profit, sharing the stolen loan proceeds with her co-conspirators.

To conceal her involvement in the fraudulent transactions, Gomez posed as another lawyer, using his name on HUD settlement forms and receiving the loan proceeds into his attorney trust account. She then allegedly laundered the money from his trust account through her own attorney trust account.

That lawyer, Amedeo Gaglioti, pleaded guilty on Sept. 17, 2012 to second-degree conspiracy to commit money laundering for assisting Gomez in the scheme. He is awaiting sentencing.

The defendants allegedly stole a total of $925,138, which is the total of the loan proceeds obtained through the three fraudulent mortgage applications. Subtracting the amounts used to pay off the short sale prices, the defendants allegedly made an illicit profit of more than $610,000.

“Mortgage lenders rely on the attorneys and other licensed professionals who handle real estate closings to act with integrity, but this attorney allegedly betrayed her oath and conspired with her co-defendants to steal nearly $1 million in loan proceeds,” said Acting Attorney General Hoffman. “This type of fraud undermines security in the mortgage market and ultimately increases the cost of loans for honest, hardworking home buyers. We will make these offenders pay for their crimes.”

“With so much money on the table, con artists have a big incentive to target mortgage loans and real estate closings with their criminal schemes,” said Director Elie Honig of the Division of Criminal Justice. “We create a big disincentive for such schemes through prosecutions such as this one, where the defendants face potential sentences of up to 20 years in prison.”

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