Alabama Real Estate Investor Pleads Guilty to Conspiracy to Commit Mail Fraud

An Alabama real estate investor pleaded guilty yesterday for his role in a conspiracy to commit mail fraud related to public real estate foreclosure auctions held in southern Alabama, the Department of Justice announced today.  To date, 10 individuals and two companies have pleaded guilty in connection with the department’s ongoing investigation into bid rigging and fraudulent schemes in the Alabama real estate foreclosure auction industry.

Chad E. Foster, a resident of Theodore, Alabama, pleaded guilty yesterday to an indictment filed in the U.S. District Court for the Southern District of Alabama, charging him with one count of conspiracy to commit mail fraud affecting a financial institution.  According to court documents, Foster knowingly joined a conspiracy with others to, among other things, fraudulently acquire title to selected properties at artificially suppressed prices, to conduct secret, second auctions open only to members of the conspiracy, to make payoffs to and receive payoffs from co-conspirators, and to divert money away from financial institutions, homeowners and others with a legal interest in selected properties.

“This guilty plea demonstrates the Antitrust Division’s resolve to pursue those who conspire to defraud distressed homeowners and financial institutions,” said Assistant Attorney General Bill Baer of the Justice Department’s Antitrust Division.  “The division will continue to hold accountable individuals who subvert the competitive process for their own gains.”

“We are committed to partnering with the Antitrust Division,” said FBI Special Agent in Charge Robert F. Lasky of the Mobile Field Office.  “And we will hold accountable those individuals who profited illegally at the expense of financial institutions and struggling homeowners.”

The charge of conspiracy to commit mail fraud affecting a financial institution carries a maximum penalty of 30 years in prison and a $1 million fine.

Yesterday’s charge stems from an ongoing investigation being conducted by the Antitrust Division’s Washington Criminal II Section and the FBI’s Mobile Field Office, with the assistance of the U.S. Attorney’s Office for the Southern District of Alabama.  Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions in Alabama should call the Antitrust Division at 202-598-4000, or visit www.justice.gov/atr/contact/newcase.htm.

Yesterday’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.

FORMER ALABAMA REAL ESTATE INVESTOR INDICTED FOR CONSPIRACY TO COMMIT MAIL FRAUD

WASHINGTON — A federal grand jury in Mobile, Ala., returned a one-count indictment  against a former real estate investor, charging him with conspiracy to commit  mail fraud as part of a scheme related to   public real estate foreclosure auctions held in southern Alabama, the  Department of Justice announced today.

The indictment, returned on March 27, 2014, and entered today in the  U.S. District Court for the Southern District of Alabama, charges former real  estate investor Chad E. Foster, of Theodore, Ala., with conspiracy to commit  mail fraud affecting a financial institution.  The department alleged that the scheme defrauded  financial institutions, homeowners and others with a legal interest in selected  foreclosure properties, for the unlawful purpose of obtaining money and  property through fraudulent pretenses, representations or promises.

The indictment charges Foster with conspiring with others to, among other  things, conduct secret, second auctions open only to members of the conspiracy,  to make payoffs to and receive payoffs from co-conspirators and to divert money  away from financial institutions, homeowners and others with a legal interest  in selected properties.  Several  financial institutions suffered actual monetary losses as a result of the  conspiracy.  According to the charge, Foster  participated in the mail fraud conspiracy beginning at least as early as  February 2005 and continuing until at least January 2007.

“Conspiring to defraud financial  institutions and distressed homeowners  is a crime the Antitrust Division takes seriously,” said Bill Baer, Assistant  Attorney General in charge of the Department of Justice’s Antitrust Division.  “The division will vigorously prosecute those who subvert the competitive process for their own gains.”

“The public demands that the  integrity of our nation’s financial institutions and processes be free from  fraud and deceit,” said Stephen E. Richardson, FBI Special Agent in Charge  of the Mobile Field Office.  “These indictments in this investigation  reflect the FBI’s unwavering commitment to protecting the citizen’s reliance on  those processes.”

To date, nine individuals and two companies have pleaded guilty in  connection with the department’s ongoing investigation into bid rigging and  fraudulent schemes in the Alabama real estate foreclosure auction industry.

The charge of conspiracy to commit mail fraud affecting a  financial institution carries a maximum penalty of 30 years in prison, five  years of supervised release, and a $1 million fine.

Today’s charge stems from an ongoing investigation being conducted  by the Antitrust Division’s new Washington Criminal II Section and the FBI’s  Mobile Field Office, with the assistance of the U.S. Attorney’s Office for the  Southern District of Alabama.  Anyone  with information concerning bid rigging or fraud related to public real estate  foreclosure auctions in Alabama should call the Antitrust Division at 404-331-7116, 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.