2022-03-08 DOJ SDNY press_release 117 KB 5,268 chars

California Man Pleads Guilty For Operating A Multi-Million Dollar Mortgage Modification Fraud

Caption
United States v. Damian Williams, et al.
summary

Sergio Lorenzo Rodriguez, a California man, pleaded guilty to wire fraud for operating a mortgage modification scam from 2015 to 2020 that defrauded thousands of distressed homeowners of at least $5 million in illegal advance fees, continuing the scheme even after a 2018 FTC injunction by relaunching under a new company with aliases.

paragraph

Sergio Lorenzo Rodriguez pled guilty to one count of wire fraud for orchestrating a mortgage modification fraud scheme that collected at least $5 million in prohibited advance fees from thousands of financially vulnerable homeowners between 2015 and 2020. He and his co-conspirator used deceptive practices—including false claims of lender pre-approval, inflated success rates of 95%, and misrepresenting fees as closing costs—through companies such as American Home Servicing Center and National Advocacy Group. Despite a 2018 FTC civil injunction banning them from debt relief services, Rodriguez continued the fraud under a new entity, 1st Premier Asset Solutions, using aliases and the same tactics, and now faces up to 20 years in prison and a $250,000 fine or twice the loss amount.

narrative

Sergio Lorenzo Rodriguez, a 47-year-old resident of Laguna Niguel, California, pleaded guilty to one count of wire fraud for operating a multi-million dollar mortgage modification fraud scheme that spanned from mid-2015 to August 2020. Through a series of shell companies—including American Home Servicing Center, National Advocacy Group, and Capital Home Advocacy Center—he and a co-conspirator deceived thousands of financially distressed homeowners by falsely claiming they had been pre-approved for loan modifications, inflating success rates to 95% or higher, and misrepresenting illegal advance fees as legitimate closing costs. In February 2018, the Federal Trade Commission filed a civil lawsuit that resulted in a permanent injunction prohibiting Rodriguez from offering debt relief services, but he circumvented the court order by having a relative establish a new company, 1st Premier Asset Solutions, which he operated under aliases using the same fraudulent methods. The scheme generated at least $5 million in illicit proceeds from victims who were ultimately denied modifications or received unfavorable terms. The U.S. Postal Inspection Service led the criminal investigation, with support from the FTC, and Rodriguez now faces a maximum sentence of 20 years in prison and a fine of $250,000 or twice the gross loss, whichever is greater. His guilty plea was entered before U.S. Magistrate Judge Sarah Netburn in the Southern District of New York, where the case was prosecuted by the Complex Frauds and Cybercrime Unit.

Enriched metadata

Scheme
advance-fee (95%)
Court
Southern District of New York
Outcome
pleaded
Civil penalty
$250,000
Victim loss
$5,000,000
Classified advance-fee(confidence 95%). No EDGAR filing fingerprint (criminal/DOJ-side scheme). detection rule →
Parties
damian williamsdaniel b. brubakerfederal trade commissionfraudulent foreclosure rescue schemefraudulent schemesarah netburnsergio lorenzo rodriguez
Keywords
mortgage modificationadvance feesmortgagerodriguezmodificationsergio lorenzolorenzo rodriguezprohibited advancecaliforniafraudlinkadvancefeespleads operatingoperating multi-million

Extracted insights

Dollar amounts 2
  • $5.00M $5 million $1M–$10M
  • $250K $250,000 $100K–$1M
Entities 8
  • person damian williams
  • person daniel b. brubaker
  • agency federal trade commission
  • person fraudulent foreclosure rescue scheme
  • person fraudulent scheme
  • scheme_term one count of wire fraud
  • person sarah netburn
  • person sergio lorenzo rodriguez
Triples 15
  • Sergio Lorenzo Rodriguez pled guilty to one count of wire fraud
  • Sergio Lorenzo Rodriguez operated fraudulent foreclosure rescue scheme
  • Sergio Lorenzo Rodriguez collected $5 million in prohibited advance fees
  • Sergio Lorenzo Rodriguez owned and/or managed American Home Servicing Center, National Advocacy Center, National Advocacy Group, Capital Home Advocacy Center
  • Sergio Lorenzo Rodriguez and co-conspirator perpetrated scheme to defraud financially distressed consumers
  • Sergio Lorenzo Rodriguez falsely claimed homeowners had been pre-approved for mortgage modification
  • Sergio Lorenzo Rodriguez misrepresented prohibited advance fees as closing costs
  • Sergio Lorenzo Rodriguez fraudulently claimed Companies achieved 95 percent or higher success rates
  • Federal Trade Commission brought civil lawsuit against Sergio Lorenzo Rodriguez and co-conspirator
  • Federal Trade Commission obtained permanent injunction against Defendants from marketing debt relief products and services
  • Damian Williams is United States Attorney for Southern District of New York
  • Daniel B. Brubaker is Inspector-in-Charge of New York Office of USPIS
  • Sarah Netburn is U.S. Magistrate Judge
  • Sergio Lorenzo Rodriguez is from Orange County, California
  • Fraudulent scheme operated from mid-2015 through August 2020
View original DOJ press releasejustice.gov
Extracted body text (5,268c)
Press Release California Man Pleads Guilty For Operating A Multi-Million Dollar Mortgage Modification Fraud Tuesday, March 8, 2022 Share FacebookLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. XLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. LinkedInLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. Email For Immediate Release U.S. Attorney's Office, Southern District of New York Damian Williams, the United States Attorney for the Southern District of New York, and Daniel B. Brubaker, Inspector-in-Charge of the New York Office of the United States Postal Inspection Service (“USPIS”), announced today that SERGIO LORENZO RODRIGUEZ, of Orange County, California, pled guilty to one count of wire fraud in connection with a fraudulent foreclosure rescue scheme that took in at least $5 million in prohibited advance fees from thousands of financially distressed homeowners. RODRIGUEZ pled guilty before U.S. Magistrate Judge Sarah Netburn. U.S. Attorney Damian Williams said: “As he admitted today, for years, Sergio Lorenzo Rodriguez took advantage of desperate homeowners who were facing foreclosure and eviction to collect from them, in the aggregate, millions of dollars in advance fees based on promises that Rodriguez knew he could not, or would not, keep. He exploited the financial vulnerability of his victims and is now being held accountable for his crime.” According to the Complaint, the Indictment,[1] and statements made in court, and publicly available documents: From approximately mid-2015 through August 2020, SERGIO LORENZO RODRIGUEZ and a co-conspirator (the Defendants) owned and/or managed a series of mortgage modification companies through which they perpetrated a scheme to defraud and attempt to defraud financially distressed consumers who were facing or were at imminent risk of foreclosure through deceptive marketing practices. Those companies included American Home Servicing Center, National Advocacy Center, National Advocacy Group, and Capital Home Advocacy Center (collectively, the “Companies”). The Defendants tricked desperate homeowners into paying thousands of dollars each in prohibited advance fees through various misrepresentations, including: falsely claiming that the homeowners had been pre-approved by their lender or servicer for a mortgage modification; misrepresenting prohibited advance fees as closing costs or other non-prohibited costs; fraudulently claiming that the Companies achieved success rates of 95 percent or higher for mortgage modifications; and making empty promises of a no-risk money back guarantee. As a result of their intentional misrepresentations, and misrepresentations that they encouraged their subordinates to make, the Defendants induced thousands of homeowners to pay, in the aggregate, millions of dollars in prohibited advance fees to the Companies, including a large number of consumers who were ultimately denied mortgage modifications or who received modification offers that were less favorable than they had been led to expect at the time they paid advance fees. In February 2018, the Federal Trade Commission brought a civil lawsuit against the Defendants, among others, in federal court in Santa Ana, California. That civil action resulted first in a temporary restraining order and then a permanent injunction barring the Defendants from marketing and selling all debt relief products and services. As alleged in the Indictment, the Defendants flouted those judicial orders by having a relative create another mortgage modification company named 1st Premier Asset Solutions, which the Defendants operated using aliases and some of the same deceptive practices. * * * SERGIO LORENZO RODRIGUEZ, 47, of Laguna Niguel, California, pled guilty to one count of wire fraud, which carries a maximum sentence of 20 years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. Mr. Williams praised the outstanding and persistent investigative work of the United States Postal Inspection Service and thanked the Federal Trade Commission for their assistance. The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorney Sarah Lai is in charge of the prosecution. [1] As to Rodriguez’s co-defendant Eva Christine Rodriguez, the entirety of the text of the Indictment, and the descriptions of the Indictment set forth herein constitute only allegations and every fact described should be treated as an allegation. Contact Nicholas Biase (212) 637-2600 Updated March 8, 2022 Topic Mortgage Fraud Component USAO - New York, Southern Press Release Number: 22-071
OCR text (5,268c · plain-text · 99% conf)
Press Release California Man Pleads Guilty For Operating A Multi-Million Dollar Mortgage Modification Fraud Tuesday, March 8, 2022 Share FacebookLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. XLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. LinkedInLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. Email For Immediate Release U.S. Attorney's Office, Southern District of New York Damian Williams, the United States Attorney for the Southern District of New York, and Daniel B. Brubaker, Inspector-in-Charge of the New York Office of the United States Postal Inspection Service (“USPIS”), announced today that SERGIO LORENZO RODRIGUEZ, of Orange County, California, pled guilty to one count of wire fraud in connection with a fraudulent foreclosure rescue scheme that took in at least $5 million in prohibited advance fees from thousands of financially distressed homeowners. RODRIGUEZ pled guilty before U.S. Magistrate Judge Sarah Netburn. U.S. Attorney Damian Williams said: “As he admitted today, for years, Sergio Lorenzo Rodriguez took advantage of desperate homeowners who were facing foreclosure and eviction to collect from them, in the aggregate, millions of dollars in advance fees based on promises that Rodriguez knew he could not, or would not, keep. He exploited the financial vulnerability of his victims and is now being held accountable for his crime.” According to the Complaint, the Indictment,[1] and statements made in court, and publicly available documents: From approximately mid-2015 through August 2020, SERGIO LORENZO RODRIGUEZ and a co-conspirator (the Defendants) owned and/or managed a series of mortgage modification companies through which they perpetrated a scheme to defraud and attempt to defraud financially distressed consumers who were facing or were at imminent risk of foreclosure through deceptive marketing practices. Those companies included American Home Servicing Center, National Advocacy Center, National Advocacy Group, and Capital Home Advocacy Center (collectively, the “Companies”). The Defendants tricked desperate homeowners into paying thousands of dollars each in prohibited advance fees through various misrepresentations, including: falsely claiming that the homeowners had been pre-approved by their lender or servicer for a mortgage modification; misrepresenting prohibited advance fees as closing costs or other non-prohibited costs; fraudulently claiming that the Companies achieved success rates of 95 percent or higher for mortgage modifications; and making empty promises of a no-risk money back guarantee. As a result of their intentional misrepresentations, and misrepresentations that they encouraged their subordinates to make, the Defendants induced thousands of homeowners to pay, in the aggregate, millions of dollars in prohibited advance fees to the Companies, including a large number of consumers who were ultimately denied mortgage modifications or who received modification offers that were less favorable than they had been led to expect at the time they paid advance fees. In February 2018, the Federal Trade Commission brought a civil lawsuit against the Defendants, among others, in federal court in Santa Ana, California. That civil action resulted first in a temporary restraining order and then a permanent injunction barring the Defendants from marketing and selling all debt relief products and services. As alleged in the Indictment, the Defendants flouted those judicial orders by having a relative create another mortgage modification company named 1st Premier Asset Solutions, which the Defendants operated using aliases and some of the same deceptive practices. * * * SERGIO LORENZO RODRIGUEZ, 47, of Laguna Niguel, California, pled guilty to one count of wire fraud, which carries a maximum sentence of 20 years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. Mr. Williams praised the outstanding and persistent investigative work of the United States Postal Inspection Service and thanked the Federal Trade Commission for their assistance. The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorney Sarah Lai is in charge of the prosecution. [1] As to Rodriguez’s co-defendant Eva Christine Rodriguez, the entirety of the text of the Indictment, and the descriptions of the Indictment set forth herein constitute only allegations and every fact described should be treated as an allegation. Contact Nicholas Biase (212) 637-2600 Updated March 8, 2022 Topic Mortgage Fraud Component USAO - New York, Southern Press Release Number: 22-071