Monday, September 14, 2009

Texas Judge Slams Foreclosure Rescue Operator With 350 Months For Pocketing Upfront Fees In Scam Offering False Promises Of Foreclosure Help

In San Antonio, Texas, the San Antonio Express News reports:
  • A San Antonio woman who defrauded several people out of more than $70,000 in foreclosure-rescue scams got a hard lesson Friday. After reportedly telling a victim a Spanish phrase along the lines of “Payback's a (expletive),” Rosario Castro Divins was sentenced to nearly 30 years in prison for her scams, the comment and misbehaving in jail. The comment came during a break in Divins' trial in June, and its recipient — one of her fraud victims — took it as a threat, the victim and a witness testified Friday.

  • The 350-month sentence imposed by U.S. District Judge Fred Biery was an exclamation point on a case that screamed a question even Biery asked: Where were state and local authorities when Divins was dishing out various forms of fraud for more than 30 years? The judge also ordered restitution, but acknowledged it wouldn't be likely any victim would be repaid.

  • An investigation by the San Antonio Express-News found disinterested police agencies, Texas attorneys general, assistant district attorneys and others nudged aside complaints as civil matters between Divins, 55, and her victims. Some of the homeowners ultimately lost their houses while other managed to stave off foreclosure through no help from Divins.

***

  • Biery noted it wasn't until Divins' shenanigans spilled into federal bankruptcy court that she finally was caught. The FBI investigated her after she was found in contempt in bankruptcy court and violated orders to stop her misleading, direct-mail foreclosure-rescue ads. Biery also read her 32-year criminal record of harassment, stalking and threats, including one case where she called one person 50 times. “Other than that, you've been a model citizen,” Biery said, sarcastically. [...] Biery said he admonished her for taking advantage of desperate people who shared her cultural, ethnic and religious background and trusted her.

For the story, see Woman sentenced to almost 30 years for fraud.

For the U.S. Attorney press release, see San Antonio Woman Sentenced To Federal Prison For Criminal Contempt And Mail Fraud In Foreclosure Prevention Scheme.

For the original indictment, see U.S. v. Divins.