Closing Attorney Admits Falsifying Settlement Statements

David Kinney, 52, New Haven, Connecticut, a licensed attorney, pleaded guilty before Senior United States District Judge Alfred V. Covello in Hartford to one count of conspiracy and one count of making a false statement.

According to court documents and statements made in court, in 2006 and 2007, Kinney participated in a mortgage fraud conspiracy by acting as the settlement agent in connection with fraudulent real estate transactions in New London County, Connecticut

As part of the scheme, Kinney submitted, or caused to be submitted, materially false HUD-l settlement statements to lenders. 

In certain cases, Kinney released a disbursement check before he had received the down payment listed on the HUD-1.

On November 5, 2007, in connection with the investigation of this matter, Federal Bureau of Investigation special agents served Kinney a subpoena at his New Haven office.  On that date, Kinney told agents that he had never given anyone a closing check prior to receiving the down payment money in connection with real estate closings that he handled when, in fact, he had done so on multiple occasions.

Judge Covello has scheduled sentencing for February 22, 2012, at which time each defendant faces a maximum term of imprisonment of 10 years.

David B. Fein, United States Attorney for the District of Connecticut, announced the guilty plea.

This case is being investigated by the Federal Bureau of Investigation and the U.S. Department of Housing and Urban Development, Office of Inspector General.  The case is being prosecuted by Assistant United States Attorney Michael S. McGarry and David T. Huang.

In July 2009, the U.S. Attorney’s Office and the Federal Bureau of Investigation announced the formation of the Connecticut Mortgage Fraud Task Force to investigate and prosecute mortgage fraud cases and related financial crimes occurring in Connecticut.  Citizens are encouraged to report any suspected mortgage fraud activity by calling 203-333-3512 and requesting the Connecticut Mortgage Fraud Task Force, or by sending an email to ctmortgagefraud@ic.fbi.gov This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

The Connecticut Mortgage Fraud Task Force includes representatives from the U.S. Attorney’s Office; Federal Bureau of Investigation; Internal Revenue Service – Criminal Investigation; U.S. Postal Inspection Service; U.S. Department of Housing and Urban Development, Office of Inspector General; Federal Deposit Insurance Corporation, Office of Inspector General, and State of Connecticut Department of Banking.

Courtesy Mortgage Fraud Blog

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The information and notices contained in this blog are intended to summarize recent developments and news. The posts are presented as general research and information. These posts are not intended, nor should be regarded, as legal advice. Some blog posts concern allegations made in civil lawsuits and in criminal indictments in United States Courts. All persons are presumed innocent until convicted of a crime and proven guilty. Readers who have particular questions or who believe that they need legal counsel should seek the advice of a qualified attorney. It is neither the editor's or author's intention to create a confidential relationship or any broker-client relationship via communication from this site at any time. Please consult with your state real estate board if questions & answers in the education section conflict with the laws of your region or if you need clarification regarding their applicability or how they may govern the services that you provide.

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