Generally Speaking
  Publication of the Office of the Attorney General • Volume 7, Issue 28 • July 17, 2009

 
 
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Florida's Fight Againist Mortgage Fraud

This week, news reports indicated Florida has the second highest foreclosure rate in the country. To make matters worse, the increase in foreclosures statewide is coinciding with the highest unemployment rate in the state since 1975. There is no doubt Floridians are in dire straits because of the current economic crisis.

The uncertainty caused by the current financial climate invites scam artists to prey on fears and victimize families already in financial distress. One of the ugliest scams I have seen is the increase in mortgage rescue firms that take fees up front from homeowners facing foreclosure, presumably to assist them by modifying their loans or helping revise their payment schedule. These scam artists do nothing to prevent the foreclosure, keep the fees, and let the homes fall into foreclosure. By the time the homeowners discover the fraud, it is too late.

My office continues to fight these unscrupulous individuals. We currently have approximately 73 active investigations, and are reviewing over 300 companies for potential violations with the numbers are growing each day. Today, we filed another lawsuit, this time against a Central Florida company called Victor Lopez and Associates, which was allegedly targeting Hispanics and charging substantial up-front fees for loan modification services.

The best tool in the fight against con-artists is education. The more Floridians know about these scams, the less likely they are to become victims. I encourage you to visit our mortgage fraud website at http://www.myfloridalegal.com/mortgagefraud to learn more about how to protect you and your family from mortgage fraud.



The Week in Pictures
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CyberCrime Update

Attorney General McCollum announced that defendant Carlos Mauricio Abarca, 34, was charged with using a facility and means of interstate commerce to solicit someone he thought was a 13-year old girl for sex, in violation of Title 18, United States Code, Section 2422(b). If convicted, Abarca faces a minimum of 10 years in prison and a maximum of a life sentence.

An Orlando man is in custody on charges of possessing and promoting child pornography. Jordan Goyena-Segura was taken into custody by law enforcement with the Attorney General's CyberCrime Unit with assistance from the Orange County Sheriff's Office. Goyena-Segura's arrest is the 150th for the Attorney General's CyberCrime Unit.

A St. Petersburg man is in custody on charges of possessing and promoting child pornography. Samuel Keller was taken into custody by law enforcement with the Attorney General's CyberCrime Unit, the Boynton Beach Police Department, the Boca Raton Police Department and the Florida Department of Law Enforcement.
Consumer Protection

Attorney General McCollum announced Florida and 45 other states have obtained settlement for nearly $6 million with DISH Network, LLC resolving allegations the satellite TV provider and its third-party retailers engaged in deceptive and unfair sales practices. DISH Network will also pay restitution to consumers and will modify its marketing practices.

A settlement has been reached in a case brought by Chase Card Services against affiliated Hess Kennedy companies which engaged in fraudulent debt settlement activities. Under the settlement approved earlier this week, Chase will release the credit card debt of approximately 13,000 consumers nationwide, including over 900 Florida residents, who contracted with the Hess Kennedy companies for the fraudulent services.

Attorney General McCollum announced the expansion of a program to address rising numbers of fatal domestic violence cases in Florida. The Intimate Violence Enhanced Services Team (InVest) program is specially designed to provide intensive prevention and protection services to domestic abuse victims identified as at high risk for fatal attacks. Co-sponsored by the Attorney General's Office and the Florida Coalition Against Domestic Violence (FCADV) and funded by the Victims of Crime Act through the Attorney General's Office, the program will now open six new county locations.

Attorney General McCollum announced that Florida, 34 other states and the District of Columbia have reached an agreement with Merck & Co. Inc, Shering-Plough Corporation, and MSP Singapore Company, LLC. The settlement resolves an investigation into the companies’ lengthy delay in releasing the negative results of a clinical trial involving the cholesterol-lowering drug Vytorin, a combination of the drug Zetia and simvastatin, another cholesterol-lowering drug.

Florida Attorney General McCollum filed a lawsuit against Arbitron, Inc., seeking to block the release of flawed radio station ratings. The lawsuit states that Arbitron's sampling methodology produces unreliable ratings that significantly undercount minority listeners and has thus failed to achieve accreditation in most markets.

Attorney General McCollum and Florida Agriculture and Consumer Services Commissioner Charles H. Bronson announced a groundbreaking $2.275 million settlement with Morgan Stanley Capital Group Inc. and a subsidiary, TransMontaigne Product Services Inc. The settlement resolves a price gouging investigation into price increases for fuel in the aftermath of Hurricane Ike last September. The multimillion dollar settlement is the largest ever paid under the state's price-gouging law and may be the largest price gouging settlement obtained nationally to date.
Criminal Proceedings

Florida Department of Law Enforcement (FDLE) Commissioner Gerald Bailey and Attorney General McCollum announced the arrest of three individuals for their part in a multimillion dollar drug diversion scheme. The three are accused of buying prescription drugs from Medicaid recipients, repacking them and reselling the drugs to out of state wholesalers.

A Brevard County woman has been arrested for defrauding the Florida Medicaid program out of more than $8,000. Latasha Marie Brothers of Rockledge was arrested today by law enforcement officers with the Attorney General's Medicaid Fraud Control Unit.

Attorney General McCollum announced that one of the leaders of an identity theft fraud ring was sentenced to 10 years in prison. Ronnie Bright pleaded guilty to racketeering and conspiracy to commit racketeering charges in a case prosecuted by the Attorney General's Office of Statewide Prosecution.
Civil Litigation

Attorney General McCollum announced his office has filed a lawsuit against a Central Florida company that allegedly charges homeowners facing foreclosure up-front fees for loan modification services. According to the lawsuit filed today in Orange County, Victor Lopez & Associates and its owners are in violation of Florida’s Foreclosure Rescue Fraud Prevention Act. The company’s office is located in Orlando.
News Releases
Miami Man Arrested for Soliciting a "Child" for Sex

Central Florida Loan Modification Company Targeting Hispanics Sued for Mortgage Fraud

Florida Joins $5.99 Million Settlement with DISH Network

Three Arrested in Miami Drug Diversion Scheme

Third Agreement Reached in Hess Kennedy Debt Settlement Case

Orlando Man Arrested for Possession, Promotion of Child Pornography

Brevard County Woman Arrested for Defrauding Medicaid Out of More Than $8,000

Pilot Program to Combat Rising Domestic Abuse Fatalities Expands to Six New Locations

St. Petersburg Man Arrested for Possession, Promotion of Child Pornography

Attorney General: Florida Part of Multistate Settlement with Drug Companies over Vytorin

Final Member of North Florida Identity Theft Ring Sentenced to 10 Years in Prison

McCollum Sues Arbitron Over Pending Release of Flawed Radio Station Ratings

McCollum, Bronson Announce Groundbreaking Settlement in Morgan Stanley Price Gouging Investigation
Weekly News Items
The Attorney General was featured this week on WCTV in Tallahassee for the price gouging settlement with Morgan Stanley. Click here to view the story.