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Felons Can't Vote in Florida but are Free to Fleece the Public

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Remember Florida's notorious 2000 election? It escaped a lot of press attention at the time, but before hanging chad and the butterfly ballot there was an effort to purge any and all convicted felons from the voting roles. The right to vote was yanked from some 50,000 alleged ex-convicts. (Many of those disenfranchised were the victims of mistaken identity or other non-felonious problems.)

Thus it is pretty well established that a felon's right to vote may be challenged by the state. So if felons are not allowed to vote in Florida, at least not without legal recourse; what can they do in the Sunshine State?

For little more than a $215 application fee, they could become licensed mortgage brokers in the state.



The Miami Herald's investigative team reported on Sunday that the state has approved over 10,000 mortgage broker licenses for convicted felons since 2000; over 4,000 were issued to individuals who had been convicted of crimes such as fraud, extortion, racketeering, and bank robbery ' crimes that are specifically prohibited by the licensing statute ' and a smattering of licenses are held by felons convicted of violent crimes including 15 murders. Collectively these felons were guilty of 2,821 financial crimes, including 922 larcenies, 752 frauds, 327 burglaries, 161 forgeries and 67 robberies. The list includes brokers arrested and convicted in Florida, those who had been imprisoned in other states, and those convicted in federal courts.

The rush for mortgage broker licenses was fueled, at least in part, by the superheated Florida real estate market. As home prices reached the highest levels in history and the rate of new construction, particularly of condominiums, soared, the possibility of easy money lured record numbers of people into the mortgage business. Regulators were hard pressed to keep up with the flood of applications; between 2002 and 2007 the number of mortgage broker licenses tripled. More than half the people who wrote mortgages in Florida during that period did not have any criminal background checks. Despite repeated pleas from industry leaders to screen them, Florida regulators have refused. During the boom period only 29 applicants were rejected based on their criminal records.

The investigative team uses the example of Scott Almeida who admitted on his license application that he had served time in federal prison for cocaine trafficking. Florida regulators asked for a character reference and the name of a reputable supervisor to oversee his mortgage business. He provided a note from his mother and the name of a guy he had met in the prison visitor room. What then ensued, after Almeida was approved and paid the license fee, was a crime spree that lasted three years, and stretched from Tampa to Miami. Almeida arranged nearly $3 million in fraudulent loans and fleeced 30 people.

The Florida Office of Financial Regulation -- which polices the mortgage industry ' twice failed to act on information that Almeida was stealing from clients and his scam continued until the police caught up with him and threw him into jail.

State regulators allowed thousands of ex-convicts to enter a profession that gave them access to the most sensitive and personal financial information: credit cards, bank accounts and Social Security numbers. These criminals then went on to commit nearly $85 million in mortgage fraud, stealing customer identities, money, and sometimes their homes. Felons committed fraud which targeted both customers and banks, boosting reported borrower incomes and arranging for complicated sale and resale schemes using straw buyers and inflated appraisals.

The newspaper quoted Don Saxon, commissioner of the Office of Financial Regulation, who said he didn't know why his staff issued licenses to bank robbers and racketeers, but would look into the cases cited by The Herald.

"You're asking me to get into the heads of the people who made those choices," Saxon said. He added: "Certainly we are not proud of the fact that these people have gone on to do bad things."

OFR officials who do the screening said there is no single standard they use to decide who gets a license: The criminal background check is just one of many factors.

"We look at all the facets around, you know, whatever file, and we predicate on the fact that everybody deserves another chance," said Terry Straub, director of the OFR's Division of Finance, which regulates the mortgage industry in Florida.

Florida has been hit harder by the housing crisis than most other states, but the authors of the Herald article, Jack Dolan, Rob Barry, and Matthew Haggman, claim that other states such as Colorado and Alaska do not require a license and have had similar problems with mortgage fraud.


Comments

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Dano
on Thu, Jul 24 2008 7:00 AM
I don't understand how this could happen with the high cost of doing loans in Florida and the fees that the state collected to approve these unacceptable mortgage brokers. It appears that instead of policing this as is done in most other states Florida regulators decided to look at this as a revenue stream! Rather than limit the number by an approved selection process they failed to do the right thing... a background check and a denial for those who don't meet the standards. They blew the doors wide open... Then when we have the bad PR from the deals and clients that went bad it reflects on all of us that have done things the right way. Some one in the Govt should lose their job for this!!!
Muldoon
on Thu, Jul 24 2008 7:00 AM
And the rest of them are felons who have yet to be charged.
TED
on Thu, Jul 24 2008 7:00 AM
How many non criminals feeced the market.. Give me a break.. The situation has nothing to do with who has a record it has to do with the way things were back then.. Stated/ Stated....That is all
Anonymous
on Thu, Jul 24 2008 7:00 AM
Florida is not the only state to honor felons in such a manner. Indiana used to be just as bad. I worked for one of the worst crooks there was - he would take cash/checks from people for everything -up front appraisal fees, to pay down credit cards, to pay off collections and "fix" their credit, consulting fees for who knows what - and people would trust his "southern boy" charm and give it to him. He would promptly chuckle at their expense, deposit it into his checking and go about his merry way. When I left his employ, I knew of over $36,000 he had bilked from unsuspecting individuals because he could. Additionally, he tried to use my social security number to sign with new lenders so he could continue to do business because he had almost $500k in Federal tax liens against him. His specialty was writing (kiting) checks for payroll or issuing checks on accounts that had been closed for years. Fortunately, although it has been difficult, Indiana has implemented new licensure laws including full criminal history background checks. Hopefully that will stop some of the nonsense and business by those who do not deserve to do business and make it difficult for those of us who don't lie, cheat and steal at every turn.
anonymous
on Thu, Jul 24 2008 7:00 AM
And what guidance came from the top? Business as usual at the cost to the taxpayers. now Fannie and Freddie The Bush family and the S&L Scandal Neil, George Jr., George Sr., and Jeb Bush The Savings and Loan industry had been experiencing major problems through the late 60s and 70s due to rising inflation and rising interest rates. Because of this there was a move in the 1970s to replace the role of S&L institutions with banks. In the early 1980s, under Reagan, regulatory changes took place that gave the S&L industry new powers and for the first time in history measures were taken to increase the profitability of S&Ls at the expense of promoting home ownership. A history of the S&L situation can be found here: http://www.fdic.gov/bank/historical/s&l/ What is important to note about the S&L scandal is that it was the largest theft in the history of the world and US tax payers are who was robbed. The problems occurred in the Savings and Loan industry as they relate to theft because the industry was deregulated under the Reagan/Bush administration and restrictions were eased on the industry so much that abuse and misuse of funds became easy, rampant, and went unchecked. Additional facts on the Savings and Loan Scandal can be found here: http://www.inthe80s.com/sandl.shtml There are several ways in which the Bush family plays into the Savings and Loan scandal, which involves not only many members of the Bush family but also many other politicians that are still in office and still part of the Bush Jr. administration today. Jeb Bush, George Bush Sr., and his son Neil Bush have all been implicated in the Savings and Loan Scandal, which cost American tax payers over $1.4 TRILLION dollars (note that this is about one quarter of our national debt). Between 1981 and 1989, when George Bush finally announced that there was a Savings and Loan Crisis to the world, the Reagan/Bush administration worked to cover up Savings and Loan problems by reducing the number and depth of examinations required of S&Ls as well as attacking political opponents who were sounding early alarms about the S&L industry. Industry insiders were aware of significant S&L problems as early 1986 that they felt would require a bailout. This information was kept from the media until after Bush had won the 1988 elections. Jeb Bush defaulted on a $4.56 million loan from Broward Federal Savings in Sunrise, Florida. After federal regulators closed the S&L, the office building that Jeb used the $4.56 million to finance was reappraised by the regulators at $500,000, which Bush and his partners paid. The taxpayers had to pay back the remaining 4 million plus dollars. Neil Bush was the most widely targeted member of the Bush family by the press in the S&L scandal. Neil became director of Silverado Savings and Loan at the age of 30 in 1985. Three years later the institution was belly up at a cost of $1.6 billion to tax payers to bail out. The basic actions of Neil Bush in the S&L scandal are as follows: Neil received a $100,000 "loan" from Ken Good, of Good International, with no obligation to pay any of the money back. Good was a large shareholder in JNB Explorations, Neil Bush's oil-exploration company. Neil failed to disclose this conflict-of-interest when loans were given to Good from Silverado, because the money was to be used in joint venture with his own JNB. This was in essence giving himself a loan from Silverado through a third party. Neil then helped Silverado S&L approve Good International for a $900,000 line of credit. Good defaulted on a total $32 million in loans from Silverado. During this time Neil Bush did not disclose that $3 million of the $32 million that Good was defaulting on was actually for investment in JNB, his own company. Good subsequently raised Bush's JNB salary from $75,000 to $125,000 and granted him a $22,500 bonus. Neil Bush maintained that he did not see how this constituted a conflict of interest. Neil approved $106 million in Silverado loans to another JNB investor, Bill Walters. Neil also never formally disclosed his relationship with Walters and Walters also defaulted on his loans, all $106 million of them. Neil Bush was charged with criminal wrongdoing in the case and ended up paying $50,000 to settle out of court. The chief of Silverado S&L was sentenced to 3.5 years in jail for pleading guilty to $8.7 million in theft. (Keep in mind that you can get more jail time for holding up a gas station for $50.) Today Neil Bush is working on closing a deal in Florida, where his brother Jeb is governor, to sell a software package to schools with his startup company Ignite.
Anonymous
on Thu, Jul 24 2008 7:00 AM
Those who supervise regulated professions in Florida are hopeless. Or is that "helpless?"
Pat Kiehl
on Thu, Jul 24 2008 7:00 AM
This is no surprise. I informed the Dept of Fin Reg, Dept of Insurance (title co) and FBI and tried newpaper & TV investigators that 2 mtg brokers scammed me by selling lots to new buyers that I financed. They took the cash from the closing (title company had to be involved) and never paid down the mtg. $300,000 in sales. I foreclosed. The new buyers are now left without their money or land and not one agency has done anything. I had another case where there was mtg fraud on $50,000. The state attorney's office basically told me it wasn't enough money for them to bother. I asked what their cap was in case I wanted to commit fraud & stay under the radar. No response.
cleanupflorida
on Thu, Jul 24 2008 7:00 AM
The mortgage industry is just the tip of the iceberg. The construction industry is full of felons and the regulatory agencies look the other way when abuses are reported. The felons will threaten anyone who goes public with the abuses including violence, fraudulent foreclosure scams and extortion. Panama City currently has a huge problem!! The authorities turn a blind eye to the abuse. With all the murders and meth labs who has time to prosecute construction fraud!!
Patricia Navadomskis
on Thu, Jul 24 2008 7:00 AM
This is way way worse than anyone could have suspected. Who is in charge NO ONE. I was worried about FRAUD IN CHICAGO Looks like it's all over. Now everyone's Identity ,credit has been compromised. All the big banks are predatory lenders and made SUB PRIME LOANS .We all owe them money and we are ALL BEING RIPPED OFF
Anonymous
on Fri, Jul 25 2008 7:00 AM
You know, Not all felons are repeat offenders. I have a felony from 17 years ago and have been in the mortgage buisness for more than 6 years. These repeat offenders make it very hard for people who are trying very hard to feed their familes. Now there are people in this buisness with clean records who are the make felons look like saints. This goes from brokers/Loan officers/ branch managers who ask to strectch values from appraisers, take borrowers stated/stated (as mentioned from another person) 2/28 arm. I've even heard of people who alter w'2s just to go full doc. This is across the board. Not just people with past criminal backgrounds.
EJ
on Fri, Jul 25 2008 7:00 AM
I believe that people should get a second chance, but that doesn't mean it should be in the field that they have commited crimes in. If you are recently out of prison and were imprisioned for fraud, you shouldn't be allowed to be in a sittuation where you have access to private financial information. For the guy that had a conviction 17 years ago and has been in the field now for 6 years now, you probably deserved your 2nd chance. It sounds like you were out of prison for a while before someone decided to entrust you with peoples personal, confidential information. I agree that there are a lot of shady people that don't have records, but the fact that the people with records were responsible for 85 mill in fraud kinda shows that they have much worse odds with the felons than they do with the non felons. People deserve a 2nd chance, but there is no way a school would employ someone who was guily of child molestation, so how about giving people a 2nd chance in a field where they are responsible for other peoples financial welfare and security.
ami
on Fri, Jul 25 2008 7:00 AM
I often wondered how some people have gotten their licenses. Since these so called "Regulators" are gov't employees shouldn't they be fired and/or sued? Sounds to me like this is a lawsuit waiting to happen. When you pay the application fees to cover background checks, fingerprints, photos etc. shouldn't we be refunded our money as those services were not being performed? Aren't these regulators responsible for putting the general public at risk? Since this scandle has been busted now is the perfect time for this agency to be cleaned out and a legitimate staff hired. What a disgrace to our industry.
vtop1
on Sat, Jul 26 2008 7:00 AM
No surprise here! I have been a resident for the last 7 years and I have never witnessed such upside down logic with regards to just about everything that's done. There has been several times that I have written to Ol' Jeb and the responses i received were laughable. You might ask why i am still here. Uhhh, can you say.....Real Estate Collapse?
cwa
on Sat, Jul 26 2008 7:00 AM
It's not fair to group all "felons" in the same category. There are a lot of people who have a criminal background that really want to turn their life around. Society makes it really hard for them to move ahead with a good career/decent paying job by saying "we can't hire you, you're a felon" without even looking at the crime/situation for that individual. I'm not saying everyone with a background deserves a second chance, but more departments and agencies should look more at the individual and not the label of "convicted felon". I think it's great that the Office of Financial Regulation offers some hope for a second chance and looks at everyone on a case by case basis but I do however, think they should be more strict on who they issue a license to depending on the person's conviction. There are a lot of people out there without criminal backgrounds who are shady, dishonest, and lacking in conscience. The only difference between them and the "felons" is, is that they haven't been caught.