Wednesday, September 29, 2010

Did Joe Miller lie on his mortgage application? It's a serious federal violation

--- by Andree McLeod


Joe Miller’s Indigent license was purchased in 1995 -- the income to qualify was in the preceding 12 months and needed to be under $8250.00 household income annually.

Miller's mortgage in 1994 with Countrywide for the house on the hillside was a 7-year, $92,000loan @ approximately 8%. (Monthly payment approximately $1400 for interest and principle only.)

Add insurance and taxes and the monthly is over $1600. $1600x12=$19,200. Substantially more than the $8250 annual gross family income limit for an indigent license.

Miller family's gross income in 1994 (qualifying year for 1995 indigent license) included income from the sale of a portion of his Kansas farm acreage, Joe's Army Reserve pay as a First Lt., his farm rental payments from Farmer's Coop, Alta Vista, Kansas, his farm subsidies, legal intern salary from Condon, Partnow & Sharrock (May, 1994) and from the Alaska Dept of Law (June through December, 1994, at least $2,000/month) and child support Kathleen received for two children.
The total is greatly in excess of $8250 and was enough to qualify them for the $92,000 mortgage from Countrywide.


Additionally, in 1996, his wife again applied for a Class 5A license - claiming gross family income of less than $8250 when she was still receiving child support, Joe was still receiving Army Reserve pay, farm rental income and subsidies and had gone to work in May 1995 (1995 was the qualifying year) at Partnow, Condon & Sharrock for $70,000 year.

If he was truthful on the fishing license application then he had to have lied on his home loan application which means:

Mortgage Fraud can be prosecuted under 18 U.S.C. § 1010 (2007) for HUD & FHA Fraud (18 U.S.C. § 1010).

It is a crime for a person
- for the purpose of obtaining any loan or advance of credit from any person, partnership, association, or corporation
- - with the intent that such loan or advance of credit shall be offered to or accepted by the Department of Housing and Urban Development for insurance, or
- - for the purpose of obtaining any extension or renewal of any loan, advance of credit, or mortgage insured by such Department, or the acceptance, release, or substitution of any security on such a loan, advance of credit, or
- - for the purpose of influencing in any way the action of such Department,
- make, pass, utter, or publish any statement, knowing the same to be false, or
- alter, forge, or counterfeit any instrument, paper, or document, or
- utter, publish, or pass as true any instrument, paper, or document, knowing it to have been altered, forged, or counterfeited, or
- willfully overvalue any security, asset, or income.

The punishment under this section is a fine, imprisonment for not more than two years, or both.

Mortgage Fraud Prosecuted Under 18 U.S.C. § 1014 (2007) (False Statements on Loan Applications)

18 U.S.C. § 1014 (2007).

Under section 1014, it is a crime for a person to
- knowingly make any false statement or report, or
- willfully overvalue any land, property or security,
- - for the purpose of influencing in any way the action of the
- - - Farm Credit Administration,
- - - Federal Crop Insurance Corporation or a company the Corporation reinsures,
- - - the Secretary of Agriculture acting through the Farmers Home Administration or successor agency,
- - - the Rural Development Administration or successor agency,
- - - any Farm Credit Bank, production credit association, agricultural credit association, bank for cooperatives, or any division, officer, or employee thereof, or
- - - of any regional agricultural credit corporation established pursuant to law, or
- - - a Federal land bank, a Federal land bank association,
- - - a Federal Reserve bank,
- - - a small business investment company, as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662), or
- - - the Small Business Administration in connection with any provision of that Act,
- - - a Federal credit union,
- - - an insured State-chartered credit union,
- - - any institution the accounts of which are insured by the Federal Deposit Insurance Corporation,
- - - the Office of Thrift Supervision,
- - - any Federal home loan bank,
- - - the Federal Housing Finance Board,
- - - the Federal Deposit Insurance Corporation,
- - - the Resolution Trust Corporation,
- - - the Farm Credit System Insurance Corporation, or
- - - the National Credit Union Administration Board,
- - - a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978 [12 U.S.C. § 3101(1) and (3)]), or
- - - an organization operating under section 25 or section 25(a) of the Federal Reserve Act,
- - upon any application, advance, discount, purchase, purchase agreement, repurchase agreement, commitment, or loan, or any change or extension of any of the same, by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security therefore.

The punishment for a violation of section 1014 is a fine of not more than $1,000,000, imprisonment not more than 30 years, both.

The deed in question (click to enlarge):

11 comments:

Anonymous said...

I never like seeing non violent people go to jail, but it bothered me that Joe is a lawer who wouldn't speak of the law and make it more user friendly for the people.

Keep up the work, Mr Munger! I know you have funner things to do, but this is important.

Anonymous said...

Wow the sleeze just oozes off this guy. So many teabaggers, so much sleeze. Keep after them. Did you file an FOIA for his military records? They are FOIA-able.

Anonymous said...

I suppose next we will hear that JoePac has been formed to defend poor Joe from all these left wing ethics complaints. Isn't that what Sarah did?

Kat said...

Great job, as usual, Andree! This needs to go to the ADN & spread far & wide among all the other AK newspapers.

Mr. Miller has a lot to answer for. I hope he's called to account, but I'm not holding my breath. Mrs. Paling certainly hasn't been and she seems to have cast her web of teflon over this fraud too.

Thanks Phil!

My wv is reving. As in revving up to defeat the AIP Tea bagging grifter. =)

Anonymous said...

Andree -- Excellent research and reporting! Now, if you have time, check into any possible PFD fraud. I'd think that if Joe Miller indicated Alaska false residency on the hunting and fishing license application (time in CT at law school attributed to AK residency) then he might have done something similar with the PFD checks where the gain is far greater than the potential fishing license fraud. I contacted the PFD folks and got no where.

Barbara

Celia Harrison said...

Thanks Andree. I am very grateful for what you are exposing about the corruption in this state.Your work is appreciated by many people.

Syrin said...

Thank you Andree, again. You're a woman of honor and beyond courageous. Phil it was nice to have finally met you at the meet and greet for Ethan. Hope you don't mind that I reposted part of this information.

KaJo said...

Statute of Limitations in Alaska: http://www.expertlaw.com/library/limitations_by_state/Alaska.html

Pursuit of Fraud in this case POSSIBLY related to The Discovery Rule: specifically, "to discover (a financial planner's embezzlement)[perhaps, also, an applicant for home loan application using Indigent license -- I'm not a lawyer, but Joe Miller is ;-} you'd think he'd know better, or want to do better]

Karen said...

Thanks for digging into this stuff.
Just the 10 PFDs alone would put them over the income level. The guy is such a sleaze. But maybe this isn't 'constitutional law'....

Philip Munger said...

Syrin,

Likewise. Thanks for coming up and becoming my friend. Come on over tomorrow for our fundraiser for Ethan and Diane!

Maeve said...

Thanks Phil and Andree! Some how Joe just doesn't add up...
Does anyone know why he didn't finish his 5 years of active duty army service after Desert Storm? That was the requirement then upon graduation from West Point. Instead he did 2 years active and 3 reserve.