Lawyer Sentenced to Four Years in State Prison for Conspiring to Defraud Two Mortgage Lenders of $800,000

Michael Palmer, 57, of Clifton, N.J., who formerly had a law office on Hoover Avenue in Passaic, was sentenced to four years in state prison by Superior Court Judge Scott J. Moynihan in Union County. Palmer pleaded guilty on March 14 to a single second-degree charge of conspiracy to commit theft by deception and money laundering. Palmer is required to pay full restitution for any losses not previously recovered by the victim lenders, and he also must forfeit his license to practice law in New Jersey.

Deputy Attorneys General Jillian Carpenter and Anthony Torntore took the guilty plea from Palmer and handled the sentencing for the Division of Criminal Justice Financial & Computer Crimes Bureau.

In pleading guilty, Palmer admitted that he defrauded lenders in connection with two mortgage loans: a loan for $481,903 for a residential property on Fulton Street in Elizabeth, and a loan for $319,113 for a residential property on Paulison Avenue in Passaic. Palmer conspired with other defendants in the two fraudulent real estate sales that induced the lenders to make the loans. In each case, there was a property seller who was a co-conspirator, while no actual buyer existed. For the Passaic property, the purported buyer was a man who lives in Puerto Rico and whose identity was stolen. For the Elizabeth property, the buyer also is believed to be a man living outside of the U.S. whose identity was stolen. The defendants provided false information and documents with the loan applications, including employment records, bank statements and tax documents. Palmer was the closing attorney and settlement agent for both closings. He filed false settlement statements and forms indicating that he had established the identity of the parties, that the buyers/borrowers made required payments, and that the loan proceeds were properly disbursed. In reality, the transactions were fraudulent and loan proceeds were improperly diverted for the benefit of the defendants. Only minimal payments were made on each of the loans.

“Attorneys who are involved in real estate transactions are supposed to help prevent mortgage fraud,” said Attorney General Porrino. “But rather than fulfilling his oath as an attorney to uphold the law, Palmer used his license to steal. We’ll continue to investigate and aggressively prosecute corrupt attorneys like Palmer.”

“Con artists are increasingly combining mortgage fraud and identity theft in an attempt to steal loan proceeds and escape under the cover of a false identity,” said Director Elie Honig of the Division of Criminal Justice. “We’re putting these criminals on notice that we’re wise to their schemes and will vigorously pursue these cases.”

The investigation was conducted by Detective Roxanna Ordonez, retired Lt. James MacInnes, Deputy Attorneys General Carpenter and Torntore, former Deputy Attorneys General Mary McAnally and Marysol Rosero, and Analysts Rita Gillis and Amy Patterson, under the supervision of Bureau Chief Michael Monahan, former Bureau Chief Terrence Hull and former Deputy Bureau Chief Francine Ehrenberg.

Palmer was charged in two separate indictments, one for each of the fraudulent mortgage loan transactions. With respect to the $312,978 loan for the Passaic property, Palmer was indicted in 2014 along with Julio Concepcion, 51, of Passaic, who was the property owner and seller in the sham transaction. Concepcion pleaded guilty in October 2015 to second-degree conspiracy in connection with that indictment. He faces a recommended sentence of five years in state prison. He also pleaded guilty that same month in Essex County to first-degree conspiracy in connection with another mortgage fraud indictment obtained by the Division of Criminal Justice. The state will recommend a 10-year prison sentence in that case, with the two sentences to run concurrently. Concepcion is awaiting sentencing.

With respect to the $481,903 loan for the Elizabeth property, Palmer was indicted in 2013, along with the following defendants:

Attorney General Porrino and Director Honig noted that the Division of Criminal Justice has established a toll-free tip line 1-866-TIPS-4CJ for the public to report corruption, financial crime and other illegal activities. Additionally, the public can log on to the Division of Criminal Justice webpage at www.njdcj.org to report suspected wrongdoing. All information received through the tip line or webpage will remain confidential.

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