Page 1 of 22 AFFIDAVIT IN SUPPORT OF ARREST WARRANTS Before me, ________________________, a Judge of the Circuit Court of the Seventeenth Judicial Circuit of Florida, personally appeared Detective John Swope, employed by the Florida Department of Financial Services Division of Insurance Fraud, who being duly sworn, deposes and says that he has probable cause to believe and does believe that he has probable cause for the arrest of: 1) Johnson Cuffy B/M DOB: 12/18/1977 277 Vervain Ave. Davenport, Florida 33837 (1) Count of Racketeering, in violation of 895.03(3) (1) Count of Conspiracy to Commit Racketeering in violation of 895.03(4) (7) Counts of Grand Theft first degree, in violation of 812.014(2)(a)1 (7) Counts of Grand Theft 2nd degree in violation of 812.014(2)(b) more than $20,000 but less than $100,000. 2) Lillia Cuffy B/F DOB: 01/10/1972 9737 N. Springs Way Coral Springs, Fl. 33076 (1) Count Racketeering in violation of 895.03(3) (1) Count Racketeering Conspiracy, in violation of 895.03(4) (1) Count of Grand Theft First Degree over $100,000.00 in violation of 812.014(2)(a)1 3) Cliff Johnson B/M DOB: 07/19/1959 981 NE 155 ter. N. Miami Beach, Florida 33162 (1) Count Racketeering in violation of 895.05(3) (1) Count Racketeering Conspiracy, in violation of 895.03(4) (3) Counts Grand Theft first degree over $100,000.00 in violation of 812.014 (2)(a)1 (2) Counts of Grand Theft second degree under $100,000 but over $20,000.00 in violation of 812.014(2)(b)
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AFFIDAVIT IN SUPPORT OF ARREST WARRANTS
Before me, ________________________, a Judge of the Circuit Court of the Seventeenth Judicial Circuit of Florida, personally appeared Detective John Swope, employed by the Florida Department of Financial Services Division of Insurance Fraud, who being duly sworn, deposes and says that he has probable cause to believe and does believe that he has probable cause for the arrest of: 1) Johnson Cuffy B/M DOB: 12/18/1977 277 Vervain Ave. Davenport, Florida 33837 (1) Count of Racketeering, in violation of 895.03(3) (1) Count of Conspiracy to Commit Racketeering in violation of 895.03(4) (7) Counts of Grand Theft first degree, in violation of 812.014(2)(a)1 (7) Counts of Grand Theft 2nd degree in violation of 812.014(2)(b) more than $20,000 but less than $100,000. 2) Lillia Cuffy B/F DOB: 01/10/1972 9737 N. Springs Way Coral Springs, Fl. 33076 (1) Count Racketeering in violation of 895.03(3) (1) Count Racketeering Conspiracy, in violation of 895.03(4) (1) Count of Grand Theft First Degree over $100,000.00 in violation of 812.014(2)(a)1 3) Cliff Johnson B/M DOB: 07/19/1959 981 NE 155 ter. N. Miami Beach, Florida 33162 (1) Count Racketeering in violation of 895.05(3) (1) Count Racketeering Conspiracy, in violation of 895.03(4) (3) Counts Grand Theft first degree over $100,000.00 in violation of 812.014 (2)(a)1 (2) Counts of Grand Theft second degree under $100,000 but over $20,000.00 in violation of 812.014(2)(b)
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4) Joy Williams B/F DOB: 04/03/1979 901 NE 34 St. Oakland Park, Florida 33334 (1) Count of Racketeering in violation of 895.05(3) (1) Count Racketeering Conspiracy, in violation of 895.03(4) (2) Counts of Grand Theft first degree in violation of 812.014(2)(a)1 (1) Count Grand Theft second degree in violation of 812.014(2)(b) 5) Frumence Paul H/M DOB: 11/06/1946 1105 NW 5th Ave. Ft. Lauderdale, Florida 33311 (1) Count Racketeering in violation of 895.05(3) (1) Count Racketeering Conspiracy in violation of 895.03(4) (2) Count Grand Theft $100,000.00 in violation of 812.014(2)(a)1 (3) Counts of Grand Theft second degree in violation of 812.014(2)(b)1 6) Hans Jeanty H/M DOB: 10/21/1981 2268 SW 195 Ave. Miramar, Florida 33029 (1) Count of Racketeering in violation of 895.03(3) (1) Count Racketeering Conspiracy in violation of 895.03(4) (2) Counts Grand Theft more than $20,000 less than $100,000 in violation of 812.014(2)(b)(1) 7) Lloyd Gelu B/M DOB: 11/14/1975 20856 NW 21 Street Pembroke pines, Fl. 33029 (1) Count of Racketeering in violation of 895.05(3) (1) Count of Conspiracy to Commit Racketeering 895.03(4) (1) Count Grand Theft second degree more than $20,000 in violation of 812.014(2)(b)(1) 8) Charles Reynolds B/M DOB: 07/06/1966
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229 Pelican Way Del Ray Beach, Florida 33483 (1) Count Racketeering in violation of 895.03(3) (2) Count Conspiracy to Commit Racketeering in violation of 895.03(4) (1) Grand Theft $100,000.00 or more in violation of 812.014(2)(a)1 9) Paula Augustus B/F DOB: 06/25/1963 611 NW 69 Way Hollywood, Florida (1) Count Racketeering in violation of 895.03(3) (1) Count Conspiracy to Commit Racketeering in violation of 895.03(4) (2) Counts Grand Theft first degree in violation of 812.014(2)(a)1 (1) Count Grand Theft second degree in violation of 812.014(2)(b)1
AFFIANT TRAINING AND EXPERIENCE Your affiant, Detective John Swope has been a sworn law enforcement officer in the State of Florida for over eleven years. Your affiant has approximately twenty years of combined financial investigative experience. Your affiant presently is employed with the Florida Department of Financial Services, Division of Insurance Fraud. During the past two years your affiant has been assigned to investigate cases involving mortgage title fraud which has involved both State and Federal law enforcement authorities. Your affiant has led in the arrest of over thirty-five subjects and affected the service of numerous search warrants in the State of Florida. . Your affiant’s case experience focuses almost entirely on white collar investigations which have been conducted in both the public as well as corporate sector. Your affiant was employed in the private sector as a Special Investigations Unit investigator as well as manager. Your affiant was responsible for the day to day operations of the Special Investigations Unit which worked closely with both State & Federal law enforcement authorities in the southeastern United States. Your affiant was charged with the responsibility of investigating complex medical disability claims to determine the presence of misrepresentation or fraud. As a field investigator and manager your affiant performed these duties for approximately nine years. In addition your affiant has obtained the industry designation of Certified Fraud Examiner.
INTRODUCTION On or about November 2007, your affiant began an investigation into an organized criminal enterprise involving Mortgage Fraud, to include but not limited to, Racketeering, Conspiracy to Racketeer and Grand Theft. Your affiant has reviewed and examined public records of Palm Beach, Broward and Dade Counties, the Secretary of State of Florida, Florida Department of Motor Vehicles relating to the involved individuals of corporations, vehicle ownership, and
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property ownership and identified relevant bank records of the individuals and/or companies. Your affiant has also subpoenaed and examined bank records pertaining to loan files. Your affiant has participated in this investigation and has personally interviewed those whose information is set forth herein, and/or have reviewed reports of interviews or other investigative information prepared by others that may appear in this affidavit. As a result of your Affiant’s personal participation in this investigation and/or reports, oral and written, your affiant is familiar with the circumstances of the offenses described in the AFFIDAVIT. On the bases of your affiant’s training and experience, you’re Affiant states the facts contained in this Affidavit. Your Affiant has identified the aforementioned subjects as active participants in an ongoing criminal enterprise used to defraud numerous financial institutions.
MORTGAGE TERMS ‘Residential mortgage loan’ means a loan to extend credit made to a person, which loan is secured by a deed to secure debt, security deed, mortgage, security interest, deed of trust, or other document representing a security interest or lien upon any interest in one-to-four family residential property located in Florida including the renewal or refinancing of any such loan. As in these listed mortgage loans they are referred to as HELOC which is a home equity line of credit. These HELOC loans are secured through the submission of a warranty deed declaring security interest in the collateral property being represented. These warranty deeds are forged and are submitted to the financial institutions declaring ownership of the property when none existed. The equity line of credit is determined based on the amount of equity available in the stated property. Through the embellishment of false & fraudulent appraising the manufacturing of property equity takes place. The financial institution using that appraisal information will assign an approved equity line of credit. Once the line of credit is approved and distributed the HELOC is funded for a short period of time and then becomes delinquent. As a result the financial institutions are forced to move against the properties under foreclosure proceedings only to find out that the original owners still own the effected property. ‘Mortgage lending process’ means the process through which a person seeks or obtains a residential mortgage loan including, but not limited to, solicitation, application, or origination, negotiation of terms, third party provider services, underwriting, signing and closing, and funding of the loan. Documents involved in the mortgage lending process include, but are not limited to, uniform residential loan applications, appraisal reports: HUD-1 settlement statements; supporting personal documentation for loan applications such as W-2 forms, verifications of income and employment, bank statements, tax returns, and payroll stubs; and any required disclosures. ‘Pattern of residential mortgage fraud’ means one or more material misrepresentations, or omissions made during the mortgage lending process that involve to or more residential properties., which have the same or similar intents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics.
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‘Person’ means a natural person, corporation, company, Limited Liability Company, partnership, trustee, association, or any other entity. ‘HUD-1 Settlement Statement means a form used by the settlement agent (also referred to as the closing agent) to itemize all charges imposed upon the borrower and seller for the real estate transaction. It gives each party a complete list of their incoming And outgoing funds disclosed to the lender. The form is ultimately Submitted to the lender by the closing agent prior to funding the loan. ‘1003’ means the loan application filled out by the loan officer, employee of the mortgage broker company. The application contains the purported personal information, monthly income, employer information, credit history and assets he/she may have. This document is essential in the loan process for the purpose of qualifying the borrower.
GENERAL EXPLANATION OF THE MORTGAGE FRAUD SCHEME Each mortgage fraud scheme contains some type of “material misstatement, misrepresentation, or omission relied upon by an underwriter or lender to fund, purchase or insure a loan. The defendants and their accomplices orchestrated a scheme to locate properties for sale in the South Florida area. Thereafter, the accomplices fraudulently purchase the properties using straw buyers, and received cash back at closings without the knowledge of the lender.
STRAW BUYERS COLLABORATION IN THE SCHEME A straw buyer is one who purchases property for another to conceal the identity of the real perpetrator. The straw buyer is usually compensated several thousands of dollars for the use of name and credit information to perform this false purchase. Straw buyers are also used to sign documents that contain false information. Such as a straw buyer willing to sign the 1103 document (loan application) representing an embellished income in order to qualify for the loan. These straw buyers may also falsely represent their intent to occupy the property. If in the loan process, the straw buyer falsely represents that the source of the down payment or cash at closing came from the straw buyer, this will constitute mortgage fraud. At times, defendants orchestrating the scheme will make payments on the property long enough to sell the property or make only one or two payments to disguise the fraud. Often, payments are made on the properties with illicit funds attained from the Mortgage fraud. An example of such a scheme is when co-conspirators pay the owner’s asking price and then fraudulently embellish the contract price by using two HUD-1 settlement sales contracts. This is perpetrated by conducting simultaneous closings without the lender’s knowledge. This scheme allows the co-conspirators to create the financial illusions of additional equity in the property. This instant equity however is then diverted to an undisclosed third party known as“cash back at closing” in order for the person or persons to realize these fraudulent funds During the loan approval process, the fraud subject provides the lender with false pay stubs, IRS form W-2s, verification of employment and verification of deposit forms in order to obtain the
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loan. These fraudsters at times will fraudulently forge purchaser’s signatures, inaccurately complete loan applications and falsify supporting loan documents. These individuals also falsify the loan applicant’s income, rent payment verification statements, proof of employment and other documents. These documents are shared by these co-conspirators before they are ultimately fraudulently submitted to the lender. In addition to the straw buyers, the co-conspirators include coworkers within the mortgage company and the cooperating title company (closing agent). THE CRIMINAL ENTERPRISE On September 27, 2007, the victims Cheri and Dan Pulen enter into a real estate sales contract with Mr. Johnson Cuffy hereinafter referred to as the defendant. Exhibit # 1 The contract that was entered into was for the sale of fifty-four separate condominiums at and established price of $ 4, 200,000. The properties were identified as Presidential Golf View Condominiums located in Palm Beach County, Florida. The purpose of this contract was for the defendant to purchase these stated units for the $4, 200,000. In addition the defendant was to issue a check for $100,000 to the seller’s escrow agent Tran State Title insurance Agency. This check was eventually returned to the seller’s for insufficient funds. In addition the victim’s had determined that the defendant had obtained forged warranty deeds for eleven separate properties of Presidential Golf View Condominiums and then obtained home equity lines of credit hereinafter referred to as “ HELOC”. These eleven properties have subsequently been heavily encumbered with the majority of these proceeds of these HELOC being diverted to the defendant’s corporate account known as BlueKap Financial or Capital Investment Group. Of the eleven properties that have been compromised two were sold through straw buyers and have subsequently gone into foreclosure proceedings. The remaining nine properties remain heavily encumbered with high equity lines of credit. On December 18, 2007, your affiant obtained a sworn statement from the registered owner of the initial eleven properties in question. The victim Ms. Cheri Pulen adamantly claimed that she never sold the deeds to nine of these properties and that they were in fact forgeries. These remaining nine properties that were affected by the invalid deeds all preceded the actual contract date of September 27, 2007, Exhibits 2 through 12 On December 17, 2007, your affiant meets with Attorney Michael Bozdin at his Aventura law offices. Mr. Bozdin represents the victim in her sales transactions with the defendant. Mr. Bozdin provides a sworn recorded statement indicating the following, Mr. Bozdin hereinafter referred to Witness # 1 is contacted by the Palm Beach County Tax Recorders office on November 5, 2007. Witness # 1 is informed that the check the defendant used to pay for the multiple properties being recorded had been returned for insufficient funds. Witness # 1 advised that he had no such knowledge of any sales concerning the victim’s property. The witness contacts the victim directly and confirms that the warranty deeds are in fact forgeries. The witness then instructs the Palm Beach Recorders Office to fax him these warranty deeds for examination. As a result witness # 1 determines that they were in fact
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submitted by the defendant. As a result of this alarming information witness # 1 convinces the defendant to come into his office in Aventura, Florida in attempt to resolve these issues. The defendant agrees to meet with the victim’s attorney and discuss the issues now pending regarding the sale of the Presidential Golf View Condominiums. Witness #1 does meet with the defendant on November 5, 2007, at his law offices. The defendant advised witness # 1 that he had in fact forged the warranty deeds in question but did not consider these actions criminal as he was simply getting a “jumpstart on the financing. The defendant stated that he was eventually going to buy the entire amount of condominiums. Mr. Bozdin was able to obtain a notarized statement from the defendant admitting to these invalid deeds, Exhibit #13. In addition this affiant submitted a photo lineup consisting of the defendant’s picture with five additional black and white photographs. Upon reviewing the photo lineup witness # 1 was able to positively identify the defendant as the party that admitted to the forged warranty deeds as well as the provided sworn statement. Victim/Witness Affidavit signed by witness # 1. Exhibit #14 On December 18, 2007, this affiant met with Mr. John Sutton at his South Miami Law Offices. Mr. Sutton hereinafter referred to witness # 2 is legally blind and is assisted by Mr. Adrian Acosta his employee. Mr. Sutton also represents the victim in her criminal complaint against the defendant. Mr. Sutton indicates that he and his assistant met with the defendant Johnson Cuffy and his sister Lillia Cuffy on Saturday December 8, 2007, at his law office located at 7721 SW 62 Ave in South Miami, Florida. Witness # 2 provided a recorded sworn statement in which the defendants Johnson Cuffy and his sister Lillia Cuffy admitted knowledge of these forged warranty deeds. Exhibit #15 Witness # 2 and his assistant advised that Lillia Cuffy and the defendant Johnson Cuffy admitted to these deeds being forged and that they would be corrected. Lillia Cuffy advised that she would have these deeds for these properties corrected and returned notarized. Per witness # 2 he confronted Ms. Cuffy regarding the fraudulent lines of credit as well as the mortgages that were seated based on these deeds. Ms. Cuffy indicated a significant amount of firsthand knowledge concerning these properties, forged deeds and subsequent financial transactions regarding them. Upon concluding my sworn statement with witness # 2 I obtained a signed victim/witness affidavit from Mr. Acosta. Mr. Acosta was able to positively identify both the defendant and his sister from separate photo line ups. Exhibit #16. It should be noted that prior to the December 8th meeting commencing Mr. Acosta had the defendant and his sister submit their driver’s licenses for identification purposes. Both of their licenses were subsequently photo copied. As a result of the defendant’s Johnson & Lillia Cuffy’s action, eleven of the victim’s real estate properties were fraudulently impacted by mortgages and home equity lines of credit as theft from the lending institutions as indicated in the information. These real estate loan closings were conducted by the below listed financial institutions with their stated HELOC or mortgage amounts. On Thursday 07/03/08, your affiant obtained a sworn statement from Diane Hildebrand who was the notary on the multiple warranty deeds that reflected her name and stamp. Exhibit #17 Ms. Hildebrand reviewed each notarized signature and document. Upon review of these nine
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warranty deeds Ms. Hildebrand indicated that all were in fact forgeries of her signature and stamp. In addition Ms. Hildebrand indicated that her name had been misspelled multiple times on these documents. Ms. Hildebrand advised that she was formerly employed as a closing agent for Mr. Mike Bozdin for over a ten year period. She stated that all closings were conducted in his Aventura offices and recorded accordingly. Ms. Hildebrand remained adamant that she never notarized these closing documents (warranty deeds) and that her signature was in fact forged. 1) SunTrust Bank $100,000 Line of Credit Loan# 073031427450 Account name: Frumence Paul Property: 2000 Congress Ave. N Unit K-209 West Palm Beach, Florida Recorded: 11/20/2007 2) Wachovia Bank HELOC, $87,000 Loan # 0729600653 Account Name: Frumence Paul Property: 1950 N. Congress Ave. # 302 West Palm Beach, Florida 33401 Recorded: 11/15/2007 3) Wachovia Bank HELOC $110,000 Loan # 0729600615 Account Name: Frumence Paul Property: 1821 N. Congress Ave. West Palm Beach, Florida 33401 Recorded: 11/15/2007 4) SunTrust Bank HELOC $110,000 Loan# 1071233315 Account Name: Ramon Ortiz-Picos Property: 1820 N. Congress Ave. E-406 Palm Beach, Florida Recorded: 11/15/2007 5) Wachovia Bank HELOC, $110,000 Loan # 4386544410018090 Account Name: Ramon Ortiz-Picos Property: 1750 N. Congress Ave C-102 Palm Beach, Florida Recorded: 11/15/2007 6) Bank of America HELOC $ 75,000 Loan# 1000063897275 Account Name: Trumaine Peters Property: 1900 N. Congress Ave. # H 102
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West Palm Beach, Florida Recorded: 10/03/2007 7) Bank of America HELOC $ 88,000 Loan# 68218012381099 Account Name: Trumaine Peters Recorded: 10/11/2007 Property: 1950 N. Congress Ave. F 409 West Palm Beach, Florida 33401 8) Bank of America HELOC $100,000 Loan# 68218012707899 Account Name: Michael Jimenez Property: 1720 N. Congress Ave. B-306 West Palm Beach, Florida 33401 Recorded: 10/03/2007 9) SunTrust Bank HELOC $240,000 Loan # 60708971300012992 Acct. Name: Trumaine Peters Property: 4 Dunbar Rd. Palm Beach, Florida Recorded: 12/06/2007 10) Bank of America $217,000 HELOC Loan# 682180119557199 Account Name: Kamel Ahmed Property: 15 Dunbar Rd. Palm Beach, Gardens, Florida Recorded: 11/16/2007 11) Wachovia Bank $85,600 HELOC Loan# 07296006536 Account Name: Hans Jeanty 1950 N. Congress Ave. # 302 West Palm Beach, Florida 33401 Recorded: 11/08/2007 12) Bank of America HELOC $90,400 Loan # 68218012562799 Account Name: Hans Jeanty 1850 N. Congress Avenue, Apt. F410 West Palm Beach, FL Recorded: 10/3/2007 13) Bank of America HELOC $ 100,000 Loan # 68218012585099
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Account Name: Trumaine Peters 4 Dunbar Rd. Palm Beach, Florida 33401 Recorded: 10/22/2007 14) GMAC Mortgage $61,600 Loan # 8686450204 Account Name: Gregory Giraud 1920 N. Congress Ave., # I-102 West Palm Beach, Florida 33401 Recorded: 12/13/2007 15) SunTrust Bank $90,000 mortgage Loan# 1000063897275 Account Name: Gregory Giraud Property: 1900 N. Congress Ave. H-102 West Palm Beach, Florida Recorded: 11/16/2007 Subpoenas were issued against the account holder Frumence Paul (straw buyer) Wachovia account. A review of the $87,000 home equity line of credit was conducted which revealed the following: Starter check #95 written to Heru Enterprises in the amount of $5,000, it was endorsed by defendant Cliff Johnson on 11/21/2007. Exhibit #18 Starter check # 95 written to defendant Cliff Johnson for $7,000 11/21/07 Exhibit #19 Withdrawals slip in the name of defendant Paul Frumence for $10,000 dated 12/03/07 Exhibit #20 Withdrawals slip in the amount of $2,661.00 in the name of defendant Paul Frumence dated 12/04/07. Exhibit #21 Withdrawals slip in the name of defendant Frumence Paul in the amount of $4,600.00 dated 12/06/07. Exhibit #22 On 11/20/07, defendant Frumence Paul transfers $76,000 to new account # dated 12/24/06. Home Equity Line of Credit Wachovia Bank $87,000.00, closing document. Exhibit #23 Statements were obtained by your affiant from the victim Cheri Pulen that she was the rightful owner of the property used to facilitate this loan. She denies ever selling the property or assigning a representative on her behalf to sell it. As a result of the loan being taken out in the name other than the titleholder the Record of Lien could not be recorded.
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Loan # 0729600615 filed through Wachovia Bank in the amount of $110,000 in the name of defendant Frumence Paul hereinafter referred to as the straw buyer. The funds were in the form of a home equity line of credit. The equity was alleged to have existed in the residence owned by defendant Frumence Paul located at 1820 N. Congress Ave. in Palm Beach, Florida. The loan application was witnessed by defendants John Cuffy and Paula Augusta. The loan document was notarized by Paula Augusta # DD474814 on 11/15/07. In March 2007, the straw buyer, defendant Frumence Paul opens savings account with SunTrust Bank. At that time Frumence Paul identifies himself as a dishwasher at a local Olive Garden located in Plantation, Florida. On October 30, 2007, a loan request was initiated through SunTrust’s telephone customer service center. The collateral address of 2000 Congress Ave North, Unit K-209, West Palm Beach, Florida was listed. The loan was in the form of a home improvement equity line of credit also known as a “HELOC”. The loan was reviewed and approved and moved into a checking account Frumence Paul opened on 11/26/2007. At the time of the closing defendant Frumence Paul was identified as being employed as a dishwasher. When confronted with the information the accountholder indicated that this was a second job and that his primary employment was with a company known as “Integral Builders” with a monthly net income of $6,112.34. Integral Builders principal address is located at 6740 NW 45 court in Lauderhill, Fl. Your affiant contacted the manager at the Olive Garden on May 11, 2008. In addition your affiant has interviewed Frumence Paul’s cousin Ominque Paul who is also an Olive Garden employee. Ominque Paul speaks limited English but did advise your affiant that defendant Frumence Paul has never been employed as a manager of a building construction company. Your affiant was also informed by the cousin that defendant Frumence Paul had gotten into trouble with mortgages from Bank of America and SunTrust Bank. Your affiant was advised that defendant Frumence Paul has been a full time kitchen employee. The SunTrust loan has subsequently gone into default. The title holder of the collateral property is owned by Cheri Pulen of Plantation, Florida. Your affiant has obtained a sworn statement from her that she has never sold or relinquished her financial standing of her property located at 2000 Congress Ave N. Unit # 209 West Palm Beach, Fl. Subsequent to this loan being issued your affiant examined this account pursuant to a subpoena. A records review determined the following. Check # 99 in the amount of $20,000 withdrawn on 11/26/07 by defendant Frumence Paul. Exhibit #24 Heru Enterprises Inc. issued 12/4/07 by defendant Frumence Paul in the amount $72,500. Exhibit #25 Defendant Cliff Johnson issued 12/04/07 by defendant Frumence Paul in the amount of $4,600.00. Exhibit #26
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Heru Enterprises: Your affiant conducted a corporation search through the State of Florida Corporate Records of Heru Enterprises which determined their principle address to be 34 NW 50 Street Miami, Florida. An inspection of this residence on May 15, 2008, revealed it to be in poor structural condition. The residence was once a single family home which appeared to be separated into apartments. The residence was currently listed for sale. The corporate officer for Heru Enterprises is identified as defendant Cliff Johnson-Manager. The corporation was original formed by Lillia Cuffy the defendant’s sister as of 05/30/2006 through 08/1/2007. Mr. Cliff Johnson the defendant became the registered agent of Heru Enterprises until 08/31/07. The corporation was amended to reflect Arhi Heru as the new registered agent with defendant Cliff Johnson as the Manager. These accounts are designed to receive thousands of dollars of derived proceeds from ill-gotten Home Equity Lines of Credit transactions. The monies are deposited into the Heru account and subsequently dispersed back to Bluekap Financial, PGA Properties and Capital Investments. Integral Builders: This corporation was formed by Marc Labidou on or about December 18, 1996. The State of Florida corporate records reflect the principal place of business address as 6740 NW 45 Court in Lauderhill, Florida. Investigation has determined that on December 7, 2007, articles of amendment were filed making the co-defendant Frumence Paul Vice President of Integral Builders with Gary Resil as Chief Executive Officer. The inspection of this property conducted on 07/16/08, determined it to be a large single family residence which has been vacant for an extended period of time. Your affiant spoke with area neighbors who advised that the house had been vacant for over the past year and a half. The former owner was a Freddy Labidou who relocated to Riviera Beach, Florida. Your affiant observed numerous pieces of mail in the name of Integral Builders attention Gary Resil protruding from the mailbox. A search through the Florida Department of Revenue reflects a negative finding of wages for Integral Builders as a corporation as well as wages for Frumence Paul as an employee or officer. As such the verification of employment of defendant Frumence Paul and the financial statement on his behalf is fraudulent. In addition to the three collateral properties that were portrayed as ownership on behalf of Frumence Paul to facilitate the three equity loans. “Grand Theft” is categorized as a specific unlawful activity. As a result of this investigation, once the proceeds were obtained from the lenders these funds were deposited into or funneled through one of the personal, corporate or shell company bank accounts listed not limited to, : Capital Investments, BlueKap Financial, Heru Enterprises, DD&J Cleaning Services, Fresh Start Cleaning Services, Great Mind Development, ABS Financial Group, Integral Builders, Scientific Options; Johnson Cuffy, Cliff Johnson, Trumaine Peters, Hans Jeanty, Frumence Paul, Gregory Giraud, Gregory Aimes, Ramon Ortiz-Picos . The defendants involved in the scheme financially transacted the cash out of the bank by writing checks to the individuals and/or company listed above or were compensated financially for their role in these schemes. Your Affiant realizes through investigative findings that the funds involved in these transactions were derived from Mortgage Fraud. Those defendants in this conspiracy knew that the funds were derived from illegal activities. These defendants committed this conspiracy acts against the
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lending institutions in violation of Florida Statute 895.03(3), 895.03(4), 812.014(2)(a)(1) and 812.014(2)(b).
The Fraud Frumence Paul Loan SunTrust Loan # 073031427450 7601 NW 14th Place Miami, Fl. 33147 (COLLATERAL PROPERTY #1) 2000 N. Congress Ave. K 209 West Palm Beach, Florida On October 3, 2007, Frumence Paul executes a $100,000 equity line of credit against the property located at 2000 N. Congress Ave. K 209 in West Palm Beach, Florida to lender SunTrust Bank. A HUD-1 settlement statement was presented to defendant Frumence Paul at closing on 10/3/2007, in Tamarac, Florida. The closing representative for SunTrust Bank was Aldo De La Noval. The borrower’s identity was confirmed by review of his immigration card and Florida driver’s license. Mr. Paul was asked several questions at closing which sparked the closing agent’s suspicion. The borrower indicated that his occupation was that of a dishwasher for the Olive Garden Restaurant. The closing agent confronted the borrower in regards to his application stated occupation as a site manager for Integral Builders. The borrower quickly added through his translator that his dishwashing job was merely a second job he maintained. According to the closing agent Mr. Paul identified the interpreter as his son, then changed it to his nephew and then finally to his contractor, all during the time period it took to close the loan. The closing agent advises your Affiant that the loan closes and he obtains the $100,000 which he transfers over to a small start up checking account. Frumence Paul then authors a check in the name of “Heru Enterprises” in the amount of $72,500.00 on 12/4/07. An additional draft in the amount of $20,000 is made out to Frumence Paul on 11/26/07, for cash. On 11/28/07, Frumence Paul issues a $10,000 payment in the name of John Connolly and Jose Rodriguez in the amount of $5,000.00. Payments of $4,600 were also made to Cliff Johnson (Heru Enterprises) on 12/4/07. As a result of these transactions SunTrust bank loan #073031427450 has gone into default. On 4/22/08, a subpoena was issued against Heru Enterprises LLC which operated out of Bank Atlantic acct. The signature card for the account reflects the name of Cliff Johnson. A review of the banks records displayed large sums of funds being made out to Cliff Johnson including the $72,500 made out to Heru Enterprises on 12/04/07. The back of this document is endorsed by Cliff Johnson. On 12/06/07 check# 631588 is authored to a corporation known as Foreclosure First Aid in the amount of $8,000.00. State of Florida Division of Corporations revealed it to be operated by Charles Reynolds of 525 NW 52 Ave. in Boca Raton. Your Affiant conducted a corporate search via the State of Florida Corporations and determined that subject Charles Reynolds is listed as
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president of Payment Processing Systems, Inc. located at the principal address of 701 W Cypress Creek Road # 200 Ft. Lauderdale, Fl. The registered agent name is Capital Investments located at 2255 Glades Rd. # 324A in Boca Raton, Fl. The president of Capital Investments now known as Capital Investments and Associates is Johnson Cuffy also of BlueKap Financial. In addition your affiant conducted a records search through Sun Tax of the Florida Department of Revenue which revealed Charles Reynolds as an employee of Capital Investments earning $2,320.00 in the first quarter of 2008. Capital Investments principal address is also 701 W Cypress Creek Rd. in Ft. Lauderdale, Fl. (COLLATERAL PROPERTY #2) Frumence Paul Loan 1950 N. Congress Ave. # J 302 West Palm Beach, Florida On 11/15/2007 Frumence Paul executes a Prime Equity Line of Credit through Wachovia Bank. The equity line was authorized in the amount of $87,000.00. The collateral property used to fund this loan was identified as 1950 N. Congress Ave. J 302 in Palm Beach, Fl. It was determined that after the loan closed it was determined that the mortgage could not be recorded as the titleholder of the property was not that of the borrower. The contract was witnessed and notarized by Ms. Paula Augustus an employee of John Cuffy and BlueKap Financial as well as witnessed by John Cuffy himself. On 11/20/2007, a deposit of $76,000.00 was made into Frumence Paul’s new Wachovia account. A distribution of monies was identified as follows; 1) Check # 95 made out to Heru Enterprises for $5,000.00 11/21/07. Exhibit #18 2) Check # 93 made out to defendant Cliff Johnson for $7,000.00 on 11/21/07. Exhibit #19 3) Wachovia withdrawal slip made out to defendant Frumence Paul for $10,000.00 on 11/30/2007, deposited into his SunTrust Account. Exhibit #20 4) Wire transfer of $52,000.00 sent to SunTrust Bank account on 12/03/2007, from Frumence Paul Wachovia account. Exhibit #21 (COLLATERAL PROPERTY #3) Frumence Paul Loan 1820 N. Congress Ave. E 306 West Palm Beach, Florida On November 6, 2007, Frumence Paul executes a Prime Equity Line of Credit in the amount of $110,000.00. The collateral property in question was identified as 1820 Congress Ave E 306 in Palm Beach County, Florida. The property was owned by Swan Properties who allegedly sold this condominium for $138,000.00 on October 3, 2007. This affiant obtained a sworn statement
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from the owner Ms. Cheri Pulen of Swan Properties. Ms. Pulen advised that the signature on the HUD-1 is not hers and that she still owns the property. Frumence Paul is awarded the $110,000.00 line of credit under Wachovia loan # 4386540314254542. These monies are subsequently depleted via cash advances and transferred into account also with Frumence Paul as the account holder of record. These funds were cash advanced on 11/20/2007, in the amounts of $76,000.00 and $34,000.00 each. Exhibits # 22 & 23 (COLLATERAL PROPERTY # 4) Ramon Ortiz-Pico Loan 1820 N. Congress Ave. E 406 West Palm Beach, Florida On 11/15/2007, a SunTrust Home Equity Loan Line of Credit was established through the internet in the name of Ramon Ortiz-Pico. The collateral property in question was identified as 1820 North Congress Ave, #E406 in West Palm Beach, Florida. The loan amount was approved and a checking account was opened credited with the $110,000 as of 11/30/2007. SunTrust account was assigned. The property in question was allegedly sold on 10/03/2007 by Swan Properties. This affiant obtained a sworn statement from Ms. Cheri Pulen owner of the property in question and president of Swan Properties. Ms. Pulen advised that she had not sold this property and that the signature on the HUD-1 properties was not hers. A subpoena was issued for the account information and banking activity which revealed the following; 1) Check # 93 issued in the amount of $60,000.00 made out to BlueKap Financial Inc. on 12/3/2007. This business is owned by Lillia and Sylvester Cuffy. Exhibit # 24 2) Check # 94 issued in the amount of $22,500.00 made out to Heru Enterprises on 12/03/2007. Defendant Cliff Johnson is the account holder for Heru. Exhibit # 25 3) Check # 95 issued in the amount of $7, 500.00 made out to cash on 12/14/2007. Exhibit # 26 4) Check # 96 made out to cash for $6,000.00 on 2/22/2007. Exhibit # 27 SunTrust security was able to freeze the account before all of the assets were transferred resulting in a recovery of $12,001.22. Total loss on this loan was $87,998.78. (COLLATERAL PROPERTY # 5) Ramon Ortiz-Pico Loan 1750 N Congress Ave. C 102 West Palm Beach, Florida
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On 11/15/2007, Ramon Ortiz Pico obtained a Primary Equity Line of Credit from Wachovia Bank in the amount of $110,000.00. The equity line of credit was closed under Wachovia account. The collateral property in question was identified as 1750 North Congress Ave. C 102 West Palm Beach, Florida. This affiant obtained a sworn statement from the registered owner of the property Ms. Cheri Pulen of Swan Properties Inc. Ms. Pulen advised that she had not sold this property nor had she given authorization on her behalf to sell it. On 12/13/2007, these originated funds were transferred to checking account. On 12/14/2007 a wire transfer of $82,500.00 was made to Heru Enterprises. Exhibit # 28. A review of the closing documents revealed that Paula Augustus and John Cuffy were listed as the witnesses for this real estate transaction. Loan is currently foreclosed. (COLLATERAL PROPERTY #6) Trumaine Peters Loan 1950 N. Congress Ave. # J102 West Palm Beach, Florida On 10/03/2007, Bank of America issues a Home Equity Line of Credit to Trumaine Peters under Loan # 658218012584799 in the amount of $75,000.00. The collateral property has been identified as 1950 N. Congress Ave J 102 in West Palm Beach, Florida. These granted funds were transferred into [account] which Trumaine Peters is identified as the account holder of record. On 12/18/2007, your affiant obtains a sworn statement from Ms. Cheri Pulen who is the registered owner of this property. Ms. Pulen reviewed the closing documents and advised that she has never sold this property and that the signature as the seller is not hers. Loan is currently foreclosed. This affiant issued a subpoena to Florida Power & Light also known as FP&L regarding the account number that appears on the utility bill for Trumaine Peters. Exhibit # 29. A records reviewed revealed that Trumaine Peters was not the customer of record for this residence. The account was that of Johnson Cuffy while he resided at 743 NE 17th Way in Ft. Lauderdale, Florida. (COLLATERAL PROPERTY #7) Trumaine Peters Loan 1950 N. Congress Ave. # 409 West Palm Beach, Florida On 10/11/2007, Bank of America issues a Home Equity Line of Credit in the name of Trumaine Peters in the amount of $88,000.00 under loan # 68218012681099. The collateral property was identified as 1950 N. Congress Ave. J 409 West Palm Beach, Florida. On 10/12/2007 a $25,000.00 transfer is made into Trumaine Peter’s account. On 10/15/2007 a second transfer of $63,000.00 is made into this account. Loan is currently foreclosed.
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This affiant issued a subpoena to Florida Power & Light also known as FP&L. A records search revealed that the account # given to Bank of America in support of this equity line of credit actually was assigned to Johnson Cuffy while he resided at 743 NE 17th Way in Ft. Lauderdale. Florida. Exhibit # 30 (COLLATERAL PROPERTY #8) Trumaine Peters Loan 4 Dunbar Rd. Palm Beach, Florida On 10/3/2007, Bank of America issues a Home Equity Line of Credit under loan # 68218012585099 in the name of Trumaine Peters. The total loan amount was $100,000. The collateral property has been identified as 4 Dunbar Rd. in Palm Beach, Florida. On 10/12/2007, money transfers of $63,000.00 and $37,000.00 are made into account. This account has been identified as Trumaine Peters as the account holder. Loan is currently foreclosed. On 05/20/2008, a subpoena is issued to Florida Power & Light also known as FP&L. A records search of the account number listed on a utility bill submitted to Bank of America was actually that of Johnson Cuffy while resided at 743 NE 17th Way in Ft. Lauderdale, Florida. Exhibit # 30 (COLLATERAL PROPERTY #9) Trumaine Peters Loan 4 Dunbar Rd Palm Beach, Florida On 12/06/2007, SunTrust Bank authorized an Equity Line of Credit under loan # 60708971300012992 in the amount of $240,000 in the name of Trumaine Peters. The credit balance was then transferred to account by Trumaine Peters. It should be mentioned that SunTrust Bank security froze this account with a remaining balance of $80, 865.58. On 05/20/2008, a subpoena was issued to Florida Power & Light regarding the account number on the utility bill that was received by SunTrust Bank. A records search revealed that this FP&L account number was assigned to that of Johnson Cuffy while he resided at 734 NW 17th Way in Ft. Lauderdale, Florida. Exhibit # 30 A review of this account revealed check disbursements to the following; · $75,000.00 paid to PGA Properties. The former registered agent is Lillia Cuffy. Exhibit #31 · A total of $61, 637 paid to Fresh Start Cleaning. Joy Williams is the account holder. Exhibit #32 · $16,700 paid to Companies Inc. Bank of America, Exhibit # 33 · $8,950.63 paid to Capital Investments Wachovia Acct. This company is operated by Johnson Cuffy with this account in his name. Exhibit # 34
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· On 10/12/2007, $188,000.00 was made payable to Gregory Aime. Exhibit # 35 (COLLATERAL PROPERTY #10) Kamel Ahmed Loan 15 Dunbar Rd. Palm Beach Gardens, Florida On 11/16/2007, an application of a $217,000.00 Home Equity Line of Credit short form was filed on line with Bank of America. The account name was Kamel Ahmed. The identified collateral property was 15 Dunbar Rd. in Palm Beach Gardens, Florida. The broker’s email address was [email protected] . The loan agreement was concluded on 09/6, 2007, with $216,776.66 being deposited into Bank of America acct. This affiant had a subpoena issued for this account which revealed it to be in the following names; 1) Kenneth Pierre Louis 2) Gregory Aime 3) Kamal Ahmed On 09/14/2007, $107,000.00 is transferred from this account to the account of Joy Williams’s, acct. Exhibit # 45 At exactly 4:36pm a wire in the amount of $96,000.00 in made to the account for Capital Investments Wachovia Bank. Exhibit # 46. On 04/08/08, a subpoena was issued for the records pertaining to this account. It was determined that this account was in the name of Capital Investments, LLC located at 4635 NW 26th Ave. in Boca Raton, Florida. The account application displayed Johnson Cuffy as the president. An additional $10,000 was transferred into this account on 09/28/2007 from DD&J Cleaning Wachovia Bank acct. Exhibit # 36. A subpoena for this account information was also issued which revealed it to be assigned to Joy Williams as well. Your Affiant reviewed the bank records for Joy Williams’s Bank of America account during the time period between 02-10-07 through 3-14-07. Ms. Williams account information reflected a balance of $11.00 on 07/14/07. On 07/14/07, a transfer of $95,000.00 was made into her account. Exhibit #48. On 07/27/07, a second deposit of $34,000.00. On this same date Joy Williams conducts a wire transfer of $32,000.00 to Wachovia Bank which has been indicated as Johnson Cuffy. On 07/17/07, a transfer of $19,000.00 was deposited into Johnson Cuffy’s Wachovia account. Exhibit # 50 A second review of these records from 09/13/07 through 10/15/07, indicated a transfer of $96,000.00 on 09/14/07 to Johnson Cuffy’s account. This account has been identified as Capital Investments. Exhibit # 51 On 09/28/07, a funds transfer was conducted by Joy Williams from her business account identified as DD&J Cleaning Services Inc. This account # shows a transfer of $10,000.00 into Capital Investment Wachovia Bank account # which Johnson Cuffy. Your Affiant reviewed bank records of Joy Williams’s SunTrust account. A review of Joy Williams December 2007 revealed that she received $61, 637.07 into her account from Trumaine Peters.
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Exhibit # 52. Subject Joy Williams withdrew a total of $44,700.00 in cash and issued a $10,000.00 draft in the name of Roberto Orozco. Your Affiant conducted a records search through the Florida Department of Corporations concerning Fresh Start Cleaning and DD&J Cleaning Services. These corporations indicated a principal address of 580 NW 29th Ave in Ft. Lauderdale, Fl. On 04/22/08, your Affiant responded to this address and determined it to be a residential home in poor condition. Your affiant spoke with Joy Williams’s cousin Talisa Rolle who advised that Joy Williams had never lived at this residence with her. I requested that she have Joy contact this Affiant as soon as possible. This affiant received a telephone call from the subject’s mother Tarisa who informed me that she would have joy Williams contact me. This affiant was contacted by Joy Williams by cellular telephone. She advised that her cleaning company was not solvent and that she had not derived any money from it in 2006 and limited income from it in 2007. Ms. Williams did advise that she used these accounts to deposit numerous checks for her friend named Johnson Cuffy. Williams stated that she received approximately $2,000.00 per check to deposit into her accounts. Ms. Williams did admit that some of these checks were over $20,000.00. Ms. Williams refused to meet in person to discuss these transactions. On Tuesday 04/30/08, your Affiant issued a subpoena to Chrysler Financial regarding a vehicle purchase made by Ms. Joy Williams. A copy of the purchasing file was obtained by this Affiant. A review of the credit application revealed that Joy Williams had formerly been employed by BlueKap Financial earning a monthly stated income of $4,500.00. Exhibit #53. The application and loan request was dated 01/19/2007. The vehicle was purchased for approximately $30,000 by Joy Williams. Your Affiant obtained a complete copy of the Joy Williams vehicle sale file. The loan file number for this vehicle from Chrysler Financial was 1010847206. On 05/11/2008, a draft was issued under the account of Capital investments & Associates in the amount of $7,000.00. The signature on the account was in the name of John Cuffy. The draft was indicated to the loan # of 1010847206. The account was under National City Bank in Tamarac, Florida. Exhibit #54 COLLATERAL PROPERTY #11 HANS JEANTY LOAN 1880 N. CONGRESS AVE. F-410 WEST PALM BEACH, Florida On 10/04/2007, Mr. Hans Jeanty is awarded a $85,600.00 Home Equity Line of Credit from Bank of America (loan# 68218012583399). The collateral property in question has been identified as 1880 N. Congress Ave. # F-410 in West Palm Beach, Florida. On 12/18/2007, your affiant interviewed the owner of the property Ms. Cheri Pulen. Your affiant obtained a sworn recorded statement indicating that she had never sold this property and that she was the actual owner of this property. In addition Ms. Pulen reviewed the signature that was evident on the warranty deed. Ms. Pulen remained adamant that this was not her signature.
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On 07/03/2008, your affiant obtained a recorded sworn statement from Ms. Diane Hildebrand who is listed as the notary on the warranty deed for this impacted property. Ms. Hildebrand remained adamant that she had not signed this document nor had she authorized anyone in her office to use her notary. Once Bank of America awarded this loan amount of $85,600.00 it was disbursed into acct # on 10/29/2007. COLLATERAL PROPERTY #12 HANS JEANTY LOAN 1850 N. Congress Ave. #F-410 West Palm Beach, Florida On 10/03/2007, Mr. Hans Jeanty is awarded a Home Equity Line of Credit in the amount of $90,400.00 from Bank of America. Loan # 68218012562799. The collateral property in question was identified as 1850 N. Congress Ave. #F-410 in West Palm Beach, Florida. On 12/18/2007, your affiant obtained a recorded sworn statement from the actual owner Ms. Cheri Pulen that she was the rightful owner of the property and that she had never sold the property. The signature on the warranty did was not hers as well as reported in her sworn statement. On 07/03/2008, your affiant obtained a sworn statement from Ms. Diane Hildebrand who is listed as the notary of record in this warranty deed. Ms. Hildebrand indicated that she had not signed nor notarized this document in question. In addition Ms. Hildebrand made it clear that no one uses her notary stamp but her. As a result of these two forged and fraudulent warranty deeds Bank of America issued two separate lines of credit to Mr. Hans Jeanty totaling $176,000.00. These funded accounts have not been repaid in full and have subsequently been foreclosed on. A financial review of Hans Jeanty’s accounts revealed the following transactions; 1) $15,000.00 transferred to Lloyd Gelu MFG Investments 10/04/2008. Exhibit # 55 2) $20,000 transferred to Joy Williams account 10/04/2007, DD&J Cleaning Service Exhibit # 56 3) $7,000.00 to Joy Williams account on 10/16/2007, DD&J Cleaning. Exhibit # 57 4) $42,000.00 transferred to Lloyd Gelu account on 10/09/2007. Exhibit # 58 5) $50,000.00 transferred to Jeanty’s account on 10/05/2007.
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Exhibit # 59 6) $25,000.00 transferred to Jeanty account ($90,400.00 Heloc). Exhibit # 59 COLLATERAL PROPERTY #13 GERALD GIRAUD LOAN 1920 N. Congress Ave, I 102 West Palm Beach, Florida On 11/06/2007 Mr. Gregory Giraud is awarded a Home Equity Line of Credit by GMAC Mortgage in the amount of $61,600.00. Loan # 686450204 was issued by GMAC Mortgage. The collateral property was identified as 1920 N. Congress Ave. # I 102 in West Palm Beach, Florida. On 12/18/2007, your affiant obtained a recorded sworn statement from the actual owner of the property in question, Ms. Cheri Pulen. Ms. Pulen reviewed the warranty deed in questioned and advised that she had not signed this document and that she still in fact owned this property. On 07/03/2008, your affiant met with Ms. Diane Hildebrand who is reflected as the notary of record on the warranty deed. Upon review of this document Ms. Hildebrand advised that she did not sign this warranty deed and that her notary stamp appears to be a copy. The signature bearing her name is a forgery. Ms. Hildebrand provided a recorded sworn statement reflecting this information. Ms. Hildebrand was formerly employed at Trans-State Title insurance located at 3050 Aventura Blvd, Suite 300 Aventura, Florida. Ms. Hildebrand worked for Attorney Marty Bodzin for over a ten year period. On 12/17/2007, your affiant obtained a recorded sworn statement from Mr. Bodzin at his Aventura law office. Mr. Bodzin provided me with a copy of a notarized statement from subject Johnson Cuffy dated 11/05/2007. In this sworn document signed by Johnson Cuffy it states that the warranty deed for this property and many others had been forged. Mr. Cuffy states in his sworn document that both the seller’s and the notary signature had been forged. Mr. Cuffy signed this document as president of Capital Investments & Associates, LLC. As a result of this fraudulent warranty deed the loan was authorize and the funds were released. Subsequently this home equity loan has gone into foreclosure. COLLATERAL PROPERTY #14 GREGORY GIRAUD LOAN 1900 N. Congress Ave. # H 102 West Palm Beach, Florida 33401
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On 09/16/2007, a warranty deed was accepted by SunTrust Bank for the purpose of documenting ownership and securing a $90,000.00 home equity line of credit. The document was allegedly signed by the owner of the collateral property Ms. Cheri Pulen. The collateral property has been identified as 1900 N. Congress Ave. #H 102 in West Palm Beach, Florida. The sale price for the property was established at $138,000.00 by the seller. As a result of SunTrust accepting the warranty deed as proof of ownership the $90,000.00 was released. It was when the warranty deed was attempted to be filed with the recorder’s office in Palm Beach County that it was determined that Mr. Gregory Giraud did not have ownership in the collateral property. As a result on 06/11/2008, SunTrust charged off a total of $89,635.48. On Monday August 25, 2008, this affiant interviewed Ms. Lisa Frederick who formerly worked for BlueKap Financial and Capital Investments. Ms. Frederick provided a sworn recorded statement as to knowledge of the daily activities of both of these former businesses. Ms. Frederick indicated that she was a loan processor and made ten dollars an hour and $500.00 for every loan she closed. She indicated that John Cuffy was creating false occupational histories and well as financial documents to support loan applications that were submitted. The witness indicated that the loans were placed in the names of straw buyers with fraudulent work and financial histories. The straw buyers never met with her only John Cuffy. The witness was given the information to file with the application. Ms. Frederick claims that during her employment she received complaints daily from those customers that had been swindled. The witness recalled all of the HELOC loans taken out against Presidential Golf view Condominiums in West Palm Beach. She stated that each of these loans she had worked on and received the financial histories of each client from John Cuffy himself. Ms. Frederick was submitted a photo lineup of subject John Cuffy and was able to positively identify him. Exhibit # 60. Based upon the foregoing, your affiant has probable cause to believe that the defendants listed above have violated numerous Florida Statutes to include, Racketeering, in violation of Fla. Stat. 895.03(3); Racketeering Conspiracy, in violation of Fla. State. 895.03(4); Grand Theft, in violation of Fla. Stat. 812.014; 812.014(2)(a)(1) and 812.014(2)(b).
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