GEORGIA REAL ESTATE INVESTMENT COMPANY AND OWNER PLEAD GUILTY TO CONSPIRACIES TO RIG BIDS AND COMMIT MAIL FRAUD FOR THE PURCHASE OF REAL ESTATE AT PUBLIC FORECLOSURE AUCTIONS

WASHINGTON — A Georgia real estate investor and his company pleaded guilty today for  their role in conspiracies to rig bids and commit mail fraud at public real estate  foreclosure auctions in Georgia, the Department of Justice announced.

Separate felony charges were filed on  Sept. 25, 2013, in the U.S. District Court for the Northern District of Georgia  in Atlanta, against Penguin Properties LLC and its owner, Seth D. Lynn.

According to court documents, from  at least as early as Feb. 6, 2007 until at least Jan. 3, 2012, Penguin  Properties and Lynn conspired  with others not to bid against one another, but instead to designate a winning bidder to obtain selected properties at public  real estate foreclosure auctions in Fulton County, Ga.  Penguin Properties and Lynn were also charged with a  conspiracy to use the mail to carry out a scheme to fraudulently acquire title  to selected Fulton County properties sold at public auctions, to make and  receive payoffs and to divert money to co-conspirators that would have gone to  mortgage holders and others by holding second, private auctions open only to  members of the conspiracy.  The  department said that the selected properties were then awarded to the  conspirators who submitted the highest bids in the second, private auctions.

Charges  were also brought against Penguin Properties and Lynn for their involvement in  similar conspiracies in DeKalb County, Ga., from at least as early as July 6,  2004 until at least Jan. 3, 2012.

“Today’s charges are the first to be filed in the state of  Georgia in the Antitrust Division’s ongoing investigation into anticompetitive conduct  in real estate foreclosure auctions,” said Bill Baer, Assistant Attorney  General in charge of the Department of Justice’s Antitrust Division.  “The division’s investigation has already  resulted in dozens of guilty pleas in other states, and the division remains  committed to eliminating anticompetitive practices at foreclosure auctions.”

The  department said that the primary purpose of the conspiracies was to suppress  and restrain competition and to conceal payoffs in order to obtain selected  real estate offered at Fulton and DeKalb County public foreclosure auctions at  non-competitive prices.  When real estate  properties are sold at these auctions, the proceeds are used to pay off the  mortgage and other debt attached to the property, with remaining proceeds, if  any, paid to the homeowner.  According to  court documents, these conspirators paid and received money that otherwise  would have gone to pay off the mortgage and other holders of debt secured by  the properties, and, in some cases, the defaulting homeowner.

“The core of this case was about an unlevel field  and one of unfairness with regard to the auction/bidding process of foreclosed  properties,” said Mark F. Giuliano, Special  Agent in Charge of the FBI Atlanta Field Office.  “The FBI remains committed in  providing investigative resources to the U.S. Department of Justice’s Antitrust  effort to address such matters.”

A violation of the Sherman Act carries a maximum penalty of 10  years in prison and a $1 million fine for individuals and a $100 million fine  for corporations.  The maximum fine for a  Sherman Act charge may be increased to twice the gain derived from the crime or  twice the loss suffered by the victims of the crime if either amount is greater  than the statutory maximum fine.  A count  of conspiracy to commit mail fraud carries a maximum penalty of 20 years in  prison and a fine of $250,000 for an individual, and a fine of $500,000 for a  corporation.  The respective maximum  fines for the conspiracy to commit mail fraud charge may be increased to twice  the gross gain the conspirators derived from the crime or twice the gross loss  caused to the victims of the crime by the conspirators.

The investigation is being conducted  by Antitrust Division attorneys in Atlanta and the FBI’s Atlanta Division, with  the assistance of the Atlanta Field Office of the Housing and Urban Development  Office of Inspector General and the U.S. Attorney’s Office for the Northern  District of Georgia.  Anyone with  information concerning bid rigging or fraud related to public real estate  foreclosure auctions should call 404-331-7113 or visit www.justice.gov/atr/contact/newcase.htm.

Today’s  charges were brought in connection with the President’s Financial Fraud  Enforcement Task Force.  The task force  was established to wage an aggressive, coordinated and proactive effort to  investigate and prosecute financial crimes.  With more than 20 federal agencies, 94 U.S.  attorneys’ offices and state and local partners, it’s the broadest coalition of  law enforcement, investigatory and regulatory agencies ever assembled to combat  fraud.  Since its formation, the task  force has made great strides in facilitating increased investigation and  prosecution of financial crimes; enhancing coordination and cooperation among  federal, state and local authorities; addressing discrimination in the lending  and financial markets and conducting outreach to the public, victims, financial  institutions and other organizations.  Over  the past three fiscal years, the Justice Department has filed nearly 10,000  financial fraud cases against nearly 15,000 defendants including more than  2,900 mortgage fraud defendants.  For  more information on the task force, please visit www.StopFraud.gov.