Welcome to The Home Equity Theft Reporter, a blog dedicated to informing the consumer public and the legal profession about Home Equity Theft issues. This blog will consist of information describing the various forms of Home Equity Theft and links to news reports & other informational sources from throughout the country about the victims of Home Equity Theft and what government authorities and others are doing about it.
Thursday, August 30, 2012
Scammer Who Pocketed $1,276, Failed To Deliver Promised Debt Management Services Gets 20-60 Months For Felony Embezzlement
In Petoskey, Michigan, the Petoskey News reports:
A 53-year-old Traverse City woman who pleaded no contest last year to an embezzlement charge was sentenced to prison Monday in Emmet County's 57th Circuit Court.
In September, Toni Lavonne Avery pleaded no contest to one count of embezzlement — agent or trustee $1,000 or more but less than $20,000, a felony offense, which carries a maximum penalty of five years in prison and/or a $10,000 fine, or three times the amount embezzled, whichever is greater, Emmet County prosecutor Jim Linderman previously told the News-Review.
During Monday's delayed sentencing hearing, judge Charles Johnson sentenced Avery to serve not less than one year and eight months and not more than five years with the Michigan Department of Corrections, with credit for one day served. She must also pay at least $1,276 in restitution.
The Emmet County Sheriff's Office arrested Avery in April 2011 for embezzling money from a Petoskey couple who hired her to work as their financial adviser, according to a sheriff's office news release issued last year. Linderman said the couple hired Avery as a financial adviser in September of 2007. Her company was named BEST Financial Services Inc.
Linderman explained that Avery was subsequently given two checks, one for $826 and one for $450, for services that ultimately were not rendered. It wasn't until about a year later that the couple was confronted by attorneys and debt collectors for the work Avery had been paid to do, according to the sheriff's office news release.
On Monday, Avery's attorney, Bob Engel, asked the court to "look at the good in Toni Avery" and to consider probation and tether rather than sentence her to time in prison.
"My client has helped a number of people over the years, clearing up their debt problems," including the victims in this case, Engel said.
CBC News: Betrayal of Trust (A CBC investigation reveals how lawyers across Canada have misappropriated and mishandled clients money, to the tune of tens of millions of dollars, or sometimes even charging vulnerable people top dollar for shoddy services)
Land Contract/Contract For Deed/Rent-To-Own Rackets
The New York Times: The Housing Trap (In the wake of the housing crisis, low-income families have turned to seller financing to buy homes but these deals can be a money trap)
Beware The Fine Print: Consumers Forced To Sign Away Their Rights To Use Court System
The NY Times: Arbitration Everywhere, Stacking the Deck of Justice(Part 1 in series examining how clauses buried in tens of millions of contracts have deprived Americans of one of their most fundamental constitutional rights: their day in court)
Foreclosure Mills' Abysmal Record In Complying With New NYS Foreclosure Requirements
Justice Deceived: How Large Foreclosure Firms Subvert State Regulations Protecting Homeowners
MFY Legal Services Report On Questionable Practices By Process Servers In Debt Collection Cases
Justice Disserved: A Preliminary Analysis of the Exceptionally
Low Appearance Rate by Defendants in Lawsuits Filed in the Civil Court of the City of New York
Mortgage Mess Redux: Robo-Signers Return (A Reuters investigation finds that many banks are still employing the controversial foreclosure practices that sparked a major outcry last year)
CNN Video: As Foreclosures Mount, Florida Court Turns To 'Rocket Docket'
The Wall Street Journal: A Florida Court's 'Rocket Docket' Blasts Through Foreclosure Cases (2 Questions, 15 Seconds, 45 Days to Get Out; 'What's to Talk About?' Says a Judge)
"Produce The Note" Strategy When Dealing With Missing Promissory Notes In Foreclosure Actions
ABC Video: Fighting Against Foreclosure (Some homeowners have found a new tactic to keep the banks at bay)
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