The Market Ticker – Heh, It’s A Bankster CRIMINAL Indictment!

My God, it’s full of stars!

The 606-count indictment alleges that the two title officers, Gary Trafford and Gerri Sheppard, directed employees under their supervision to forge their names on foreclosure documents, then notarize the forged signatures, so that it appeared that the pair actually signed the documents.

The pair then allegedly directed the employees to file the fraudulent documents with the County Recorder’s office in Clark County, Nevada. The grand jury found “probable cause” that the alleged scheme “resulted in the filing of tens of thousands of fraudulent documents … between 2005 and 2008,” said Nevada Chief Deputy Attorney General John Kelleher.

606 counts, many of them felonies, specifically:

The undersigned, CATHERINE CORTEZ MASTO, Attorney General of the State of Nevada, by and through her Deputies, JOHN P. KELLEHER, Chief Deputy Attorney General and ROBERT G. GIUNTA, Senior Deputy Attorney General, under penalty of perjury, and within their knowledge, information and belief, complain and charge that the above named Defendants, GARY TRAFFORD, (hereinafter “TRAFFORD”) has committed the offenses of One Hundred Two (102) Counts of NOTARIZATION OF SIGNATURE OF PERSON NOT IN PRESENCE OF NOTARY PUBLIC, (AID AND ABET), a gross misdemeanor in violation of NRS 240.155; NOTARIZATION One Hundred Two (102) Counts of OFFERING FALSE INSTRUMENTS FOR FILING OR RECORDING; a category C felony in violation of NRS 239.330; and One Hundred Two (102) Counts of FALSE CERTIFICATION ON CERTAIN INSTRUMENTS (AID and ABET); a category D felony in violation of NRS 205.120; and GERRI SHEPPARD (hereinafter “SHEPPARD”) has committed the offenses of One Hundred (100) Counts of OF SIGNATURE OF PERSON NOT IN PRESENCE OF NOTARY PUBLIC, (AID AND ABET), a gross misdemeanor in violation of NRS 240.155; One Hundred (100) Counts of OFFERING FALSE INSTRUMENTS FOR FILING OR RECORDING; a category C felony in violation of NRS 239.330; and One Hundred (100) Counts of FALSE CERTIFICATION ON CERTAIN INSTRUMENTS (AID and ABET); a category D felony in violation of NRS 205.120.  Said aforementioned crimes constitute TECHNOLOGICAL CRIMES as defined in NRS 205A.030 and property which was derived from, realized through, or used or intended for use in the course of a technological crime is subject to forfeiture pursuant to NRS 179.1219. 

Hoh hoh hoh.  Not only is Nevada interested in applying some handcuffs they’re also looking for forfeiture of any of the “ill-gotten gains” that resulted from the conduct or was used in furtherance of it.

This is aimed at Lender Processing Services indirectly although the firm itself has not been charged (yet anyway.)  The incentive of course is for the employees to roll over on their employers along with everyone else involved, and I suspect part of the path forward here is to go after the business records (e.g. software systems, etc) and potentially make the case in the process that these actions are directed by and through LPS and their client companies, the banks.

Remember folks, both sides of the aisle have repeatedly stated that there was no criminal conduct involved in any of what happened, despite the clear language in the statutes that “robosigning” does in fact break several laws.  In fact President Obama himself has stated that the banks broke no laws.

Well, Nevada disagrees (as do I) and now we’re finally seeing criminal charges filed.

May this be the first of many hundreds of thousands and reach right up into some nice posh executive suites.

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