) ) Count 1: 18 U.S.C. 1349

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1 IN THE UNITED STATES DISTRICT COURT FOR EASTERN DISTRICT OF VIRGINIA Alexandria Division UNITED STATES OF AMERICA V. NELSON C. CARDOZA, (Counts 1-5) ERICK G. CHAVARRIA, aka "Erick Gilberto Chavarria Mej ia," (Counts 1-3) ) Criminal No. l:09cr189 ) ) Count 1: 18 U.S.C ) (conspiracy) ) ) Counts 2-5: 18 U.S.C ) (wire fraud) ) ) Forfeiture Notice MONICA J. LAMBERT, (Counts 1-5) LIGIA ABAUNZA MIRANDA (Counts 1-3, 5) and VICTOR A. VALDEZ, (Counts 1-5) Defendants. INDICTMENT April 2009 Term at Alexandria, Virginia THE GRAND JURY CHARGES THAT: At all times material to this indictment: Introductory Allegations 1. The defendant, VICTOR A. VALDEZ, was an employee of CapFirst Mortgage, LLC (hereinafter referred to as CapFirst). CapFirst was a mortgage brokerage company located in Fairfax, Virginia, within the Eastern District of Virginia. VALDEZ also

2 brokered mortgages through a company known as Family Mortgage Solutions. 2. The defendant, MONICA J. LAMBERT, was a real estate agent with Fairfax Realty. LAMBERT was also a signatory on a bank account for J&M Improvement and is the sister-in-law of VICTOR A. VALDEZ. 3. The defendant, NELSON C. CARDOZA, was a "middle man" who recruited buyers to purchase residential real estate in transactions in which the defendant, MONICA J. LAMBERT, was the real estate agent and the defendant, VICTOR A. VALDEZ, was the mortgage broker. 4. The defendant, ERICK G. CHAVARRIA, was an employee of CapFirst. 5. The defendant, LIGIA ABAUNZA MIRANDA, was the owner and operator of Jireh Universal Tax Services and is the mother of MONICA J. LAMBERT and the mother of the wife of VICTOR A. VALDEZ. 6. The above introductory allegations are re-alleged and incorporated in each count of this indictment as if fully set forth in each count.

3 COUNT 1 (Conspiracy to Commit Wire Fraud) THE GRAND JURY FURTHER CHARGES THAT: The Conspiracy and Its Objects 1. From in or about December 2006 through in or about February 2007, within the Eastern District of Virginia, the defendants, NELSON C. CARDOZA, ERICK G. CHAVARRIA, also known as "Erick Gilberto Chavarria Mejia," MONICA J. LAMBERT, LIGIA ABAUNZA MIRANDA, and VICTOR A. VALDEZ, did knowingly and unlawfully conspire, combine, confederate and agree with each other and others known and unknown to commit wire fraud, to wit: to knowingly devise and intend to devise any scheme and artifice to defraud, and to obtain money and property by means of materially false and fraudulent pretenses, representations, and promises, and for the purpose of executing such scheme and artifice, to transmit and cause to be transmitted by means of wire communications in interstate commerce, any writings, signs, signals, pictures, in violation of Title 18, United States Code, Section Ways. Manner and Means of the Conspiracy 2. The primary purposes of the conspiracy were to defraud mortgage lenders into lending funds for the purchase of residential properties and to obtain fraudulently a portion of those funds.

4 3. It was part of the conspiracy that conspirators used the identities of other individuals (the "purchasers") to apply for mortgages and to purchase residential properties within the Eastern District of Virginia. The purchasers did not authorize and did not know that houses were being purchased in their names. Unidentified individuals acted as the purchasers during the transactions. 4. It was a further part of the conspiracy that the defendant, MONICA J. LAMBERT, negotiated and prepared sales contracts for the purchase of residential properties in the names of the purchasers. 5. It was a further part of the conspiracy that the conspirators, including the defendant, VICTOR A. VALDEZ, prepared and caused to be prepared false and fraudulent mortgage applications in the names of the purchasers that falsified the income and assets of the purchasers. 6. It was a further part of the conspiracy that conspirators, including the defendants, VICTOR A. VALDEZ and ERICK G. CHAVARRIA, added and caused to be added the names of the purchasers to bank accounts held by conspirators so that the purchasers would appear to have funds they did not in fact have and thereby be more likely to qualify for mortgages. 7. It was a further part of the conspiracy that the conspirators, including the defendant, LIGIA ABUANZA MIRANDA, created and caused to be created false tax preparer letters which 4

5 purported to substantiate false employment of the purchasers, as listed in the mortgage applications. 8. It was a further part of the conspiracy that the conspirators submitted and caused to be submitted the false and fraudulent mortgage applications to mortgage lenders. 9. It was a further part of the conspiracy that portions of the proceeds of the mortgages that were obtained were disbursed to the conspirators through: (a) home improvement expenses paid to the defendant, NELSON C. CARDOZA, and entities controlled or affiliated with the defendants, NELSON C. CARDOZA and MONICA J. LAMBERT, including, but not limited to, J&M Improvement, Bayron Home Improvements, and Twins Construction; (b) real estate commissions paid to the defendant, MONICA J. LAMBERT, via Fairfax Realty; and (c) fees paid to the defendant, VICTOR A. VALDEZ, via CapFirst Mortgage. overt Acts in Furtherance of the Conspiracy 10. In furtherance of the conspiracy, the following overt acts, among others, were committed in the Eastern District of Virginia and elsewhere: Purchase of 304 Ebaugh Drive, Leeaburg, Virginia, in name of purchaser nj.l." a. On or about December 19, 2006, the defendants, of J.L. for funds to purchase 304 Ebaugh Drive. 5

6 b. On or about December 21, 2006, the defendant, LIGIA ABAUNZA MIRANDA, prepared a false and fraudulent letter purporting to substantiate the employment of J.L. as claimed in the false mortgage application and falsely stated that she had prepared his 2003, 2004, and 2005 income tax returns. c. On or about December 26, 2006, the defendants, ERICK G. CHAVARRIA and VICTOR A. VALDEZ, caused the name J.L. to be added as an account holder to a bank account controlled by CHAVARRIA. d. On or about January 3, 2007, the defendant, MONICA J. LAMBERT, prepared and caused to be prepared a sales contract addendum for the purchase of 304 Ebaugh Drive by J.L. e. On or about January 10, 2007, the defendants, of J.L. for funds to purchase 3 04 Ebaugh Drive. f. On or about January 10, 2007, the defendants caused IndyMac Bank, F.S.B. to wire $357, in mortgage proceeds from a bank account located in California to a bank account in Fairfax, Virginia, of a real estate settlement company, for the purchase of 304 Ebaugh Drive by J.L. g. On or about January 10, 2007, the defendants caused the real estate settlement company to disburse funds from the purchase of 304 Ebaugh Drive to the following: $30, to

7 J&M Improvement; $11, and $ to Fairfax Realty; and $11, to CapFirst. h. On or about January 16, 2007, the defendant, MONICA J. LAMBERT, wrote a check payable the defendant, ERICK G. CHAVARRIA, for $2, i. On or about January 17, 2007, the defendant, MONICA J. LAMBERT, deposited and caused to be deposited the $30, check to an account she controlled in the name of J&M Improvement. Purchase of 358 Fox Ridge Drive, Leesburg, Virginia, in the name of purchaser wi7.l." j. On or about December 19, 2006, the defendant, MONICA J. LAMBERT, prepared and caused to be prepared a sales contract addendum for the purchase of 358 Fox Ridge Drive by J.L. k. On or about January 10, 2007, the defendants, of J.L. for funds to purchase 358 Fox Ridge Drive. 1. On or about January 10, 2007, the defendants caused First Franklin Financial Corp. to wire $369, in mortgage proceeds from a bank account located in California to the bank account, of a real estate settlement company, located in Fairfax, Virginia, for the purchase of 358 Fox Ridge Drive by J.L. m. On or about January 10, 2007, the defendants

8 caused the real estate settlement company to disburse funds from the purchase of 358 Fox Ridge Drive to the following: $43, to the defendant, NELSON C. CARDOZA; $12, and $2, to Fairfax Realty; and $11, to CapFirst. n. On or about February 4, 2007, the defendant, NELSON C. CARDOZA, deposited to his bank account a check payable to J.L. from the renter of 358 Fox Ridge Dr. Purchase of 301 W. Charlotte Street, Sterling, Virginia, in the name of purchaser nj. L." o. On or about December 13, 2006, the defendant, MONICA J. LAMBERT, prepared and caused to be prepared a proposed contract for the purchase of 3 01 W. Charlotte Street by J.L. p. On or about February 7, 2007, the defendants, of J.L. for funds to purchase 3 01 W. Charlotte Street. q. On or about February 7, 2007, the defendants caused Resource Bank to wire $371, in mortgage proceeds to a bank account in Fairfax, Virginia, of a real estate settlement company, for the purchase of 301 W. Charlotte Street by J.L. r. On or about February 12, 2007, the defendants caused the real estate settlement company to disburse funds from the purchase of 301 W. Charlotte Street to the following: $41, to an account in the name of Bayron Marin; $12, and $ to Fairfax Realty; and $11, to Family Mortgage.

9 Purchase of 804 W. Maple Avenue, Sterling, Virginia, in the name of purchaser "Jf.A." s. On or about December 2, 2006, the defendant, MONICA J. LAMBERT, prepared and caused to be prepared a proposed contract for the purchase of 804 W. Maple Avenue by M.A. t. On or about January 12, 2007, the defendants, of M.A. to borrow funds to purchase 804 W. Maple Avenue. u. On or about January 24, 2007, the defendants, of M.A. to borrow funds to purchase 804 W. Maple Avenue. v. On or about January 24, 2007, the defendants caused GreenPoint Mortgage Funding Inc. to wire $372, in mortgage proceeds from a bank account located in California to a bank account in Fairfax, Virginia, of a real estate settlement company, for the purchase of 804 W. Maple Avenue by M.A. w. On or about January 25, 2007, the defendants caused the real estate settlement company to disburse funds from the purchase of 804 W. Maple Avenue to the following: $55, to an account in the name of NELSON C. CARDOZA; $12, and $1, to Fairfax Realty; and $10, to CapFirst. x. On or about January 31, 2007, the defendant, NELSON C. CARDOZA, deposited a check for $884.80, from the real

10 estate settlement company payable to M.A., to his account. Purchase of 210 Birch Street, Leesburg, Virginia in the name of purchaser nm.a." y. On or about December 2, 2006, the defendant, MONICA J. LAMBERT, prepared and caused to be prepared a proposed contract for the purchase of 210 Birch Street by M.A. z. On or about January 10, 2007, the defendants, of M.A. for funds to purchase 210 Birch Street. aa. On or about January 30, 2007, the defendant, LIGIA ABAUNZA MIRANDA, prepared a false and fraudulent letter purporting to substantiate the employment of M.A. as claimed in the false mortgage application. bb. On or about February 7, 2007, the defendants, of M.A. for funds to purchase 210 Birch Street. cc. On or about February 7, 2007, the defendants caused First National Bank of Arizona to wire $363, in mortgage proceeds from a bank account located in Arizona to a settlement account of a bank located in Fairfax, Virginia, for the purchase of 210 Birch Street by M.A. dd. On or about February 8, 2007, the defendants caused the real estate settlement company to disburse funds from 10

11 the purchase of 210 Birch Street to the following: $41, to Twins Construction; $11, and $3, to Fairfax Realty; and $12, to CapFirst. ee. On or about February 15,2007, the defendant, NELSON C. CARDOZA, received a check for $8,000 from Twins Construction. (In violation of Title 18, United States Code, Section 1349). 11

12 Counts 2-5 (Wire Fraud) THE GRAND JURY FURTHER CHARGES THAT: From in or about November 2006 to in or about February 2007, within the Eastern District of Virginia, the below listed defendants knowingly and unlawfully devise and intended to devise a scheme and artifice to defraud mortgage lenders, as described in paragraphs 2 through 10 of Count One of this Indictment, which are re-alleged and incorporated as if fully set forth herein, and to obtain money and property by means of materially false and fraudulent pretenses, representations, and promises, to wit, false statements contained in mortgage applications and supporting documents, and, on the dates listed below, did cause to be transmitted by means of wire communications in interstate commerce, the below described writings, signs, signals, pictures, and sounds for the purpose of executing such scheme and artifice to defraud. 12

13 (In violation of Title 18, United States Code, Sections 1343 and 2.) 13

14 Forfeiture Notice 1. Pursuant to Rule 32.2(a), the defendants are hereby notified that, if convicted of either the conspiracy charge in Count One or the wire fraud charges in Counts Two through Five of this Indictment, defendants shall forfeit to the United States, pursuant to Title 18, United States Code, Section 981(a)(1)(C) and Title 28, United States Code, Section 2461, any property, real or personal, which constitutes or is derived from proceeds traceable to wire fraud, in violation of Title 18, United States Code, Section 1343, including a sum of money equal to at least $336, in United States currency, representing the amount of proceeds obtained as a result of the conspiracy charged in Count One, for which the defendant is jointly and severally liable. Pursuant to Title 21, United States Code, Section 853(p), as incorporated by Title 28, United States Code, Section 2461(c), the defendant shall forfeit substitute property, up to the value of the amount described, i.e., $336, in United States currency, if, by any act or omission of the defendant, the $336, in United States currency or any portion thereof, cannot be located upon the exercise of due diligence; has been transferred, sold to, or deposited with a third party; has been placed beyond the jurisdiction of the Court; has been substantially diminished in value; or has been commingled with other property which cannot be divided without difficulty. The 14

15 property subject to forfeiture as substitute assets includes, but is not limited to, the following: (a) Black 2003 Mercedes BenzSLK 320 two door, VIN: WDBKK65F93F (Pursuant to 18 U.S.C. 981(a)(1)(c), 28 U.S.C. 2461, and 21 U.S.C. 853.) A TRUE BILL: Pursuant to the E-Govemment Act the ong.nal of this page has been Bled under aeol ia too Cloris's Office/ FOREMAN OF THE GRAND JURY DATE: April, 2009 DANA J. BOENTE Acting United States Attorney Edmund P. Power Assistant United States Attorney Attorney for the United States 2100 Jamieson Ave. Alexandria, VA phone: fax: ed.power@usdoj.gov 15