Consumer Protection

LOS ANGELES--- Attorney General Kamala D. Harris today announced the arrests of two Southern California men who, under the guise of an attorney-backed loan modification company, collected more than $6 million from homeowners nationwide for services that were never performed.

Christopher Fox, 37, of Laguna Niguel and Curtis Melone (AKA Curtis Kubat), 37, of Huntington Beach were arrested Tuesday on 37 felony counts, including conspiracy, grand theft and unlawful collection of advance fees. They are being held at the Orange County Jail on $500,000 bail and will be arraigned today in Orange County Superior Court.

Fox and Melone – along with King Harris III, 42, of St. Louis, Missouri – collected more than $6 million in up-front fees through Orange County- based Green Credit Solutions. The Attorney General’s office will seek extradition of Harris, who currently faces federal mail and wire fraud charges in Missouri.

“Homeowners continue to struggle throughout California and across the country to hang onto their homes, and this prosecution is another warning to predators who would seek to profit from their distress: this kind of criminal conduct will meet with swift and certain consequences,” Attorney General Harris said. “Homeowners should never pay up-front fees to reduce their loans. Californians who face mortgage difficulties should instead contact a non-profit housing counselor, either through www.HUD.gov or a local non-profit housing clinic, to learn about the mortgage process and their rights as homeowners.”

In June 2009, the Attorney General’s office launched an investigation of Orange County- based Green Credit Solutions – later renamed Guardian Credit Services and Get My Credit Grade – in response to numerous consumer complaints filed with the office, as well as with the Better Business Bureau, the California Department of Real Estate and the State Bar of California.

Through witness interviews, analysis of the company’s marketing materials, and its business and financial records, DOJ investigators uncovered a scheme in which thousands of victims paid $3,500 for what they believed were attorney-backed loan modification services to reduce their interest rates, monthly payments or principal balance.

From November 2008 to October 2009, Fox, Melone and Harris collected more than $6 million from thousands of homeowners across California and nationwide. Victims were told their funds would be held in a so-called “attorney escrow account” until services were completed. In fact, those fees were often deposited into the account of a disbarred attorney and then promptly transferred to GCS.

Likewise, the company fraudulently claimed that loan modification services would be performed by attorneys; Harris is a disbarred Tennessee attorney and marketing materials referred to his alleged partners at the defunct law firm of “Smith Harris PLLC.”

In May 2011, Attorney General Harris formed a Mortgage Fraud Strike Force to investigate and prosecute mortgage fraud. In August, the Strike Force filed its first suit against a law firm that took millions from desperate homeowners: http://oag.ca.gov/news/press_release?id=2552&y=&m=

In California, foreclosure consultants are prohibited by law from collecting money before services are performed. For more tips on how to avoid mortgage fraud and other resources, and to report fraud or file a complaint, visit http://oag.ca.gov/consumers/loan-modification.

The complaint is attached to the online version of this release at http://oag.ca.gov/

LOS ANGELES -- Attorneys General Kamala D. Harris of California and Catherine Cortez Masto of Nevada today announced that their states have entered into a joint investigation alliance designed to assist homeowners who have been harmed by misconduct and fraud in the mortgage industry.

By forging this alliance, California and Nevada will combine investigative resources, including litigation strategies, information, and evidence gathered through their respective ongoing investigations, assisting each state as it pursues independent prosecutions.

This alliance will link the offices’ civil and criminal enforcement teams, speeding along the full, fair and adequate investigation of wrongdoing in the two states, which have experienced similar foreclosure and mortgage fraud crises.

“The mortgage crisis is a man-made disaster that has taken a heavy toll on the country, but it saved its worst for California and Nevada,” said California Attorney General Kamala D. Harris. “The mortgage crisis is a law enforcement matter, and we will prosecute to hold accountable those who are responsible and also protect the homeowners who are targeted for fraud. I am delighted that California and Nevada are entering into this alliance to leverage the best results for our investigations and look forward to forging similar collaboration with other states.”

“I am pleased to join forces with General Harris to fight against fraudulent mortgage and foreclosure practices that continue to devastate lives, homes, and the economy in Nevada and California,” said Nevada Attorney General Catherine Cortez Masto. “This strong partnership will allow our states to make an even more concerted effort to hold fraud perpetrators accountable and ensure law-abiding homeowners receive justice.”

By most objective measures, California and Nevada have been the states hardest hit by the nation’s foreclosure crisis. In October 2011, Nevada and California ranked first and second, respectively, for the percentage of their housing units that entered the foreclosure process, reflecting a parallel surge in foreclosures in the two states. One in every 180 Nevada properties entered the foreclosure process in October, and one in every 243 California homes received a filing that month. In 2010, California led the nation with a total of 546,669 foreclosure filings (4 percent of the state’s housing units), while Nevada led the nation with 9.4 percent of its homes receiving a foreclosure filing (totaling 106,160 units).

The crisis in these Western states is similar because both states share a foreclosure system in which a bank can foreclose on a borrower’s home without court oversight, also called “non-judicial foreclosure.” The collective result has created a rich opportunity for predators, leading both states to make mortgage-related law enforcement action a top priority.

In May 2011, Attorney General Harris formed a Mortgage Fraud Strike Force, now composed of nearly 40 attorneys and investigators, that has launched a wide series of investigations and litigation. The Mortgage Fraud Strike Force has instigated legal actions, including a lawsuit alleging false representations and other unlawful conduct in the marketing of multi-million dollar 'mass joinder' lawsuits, and the arrests earlier this month of three top officers of a Stockton real estate company who took thousands of dollars in up-front loan modification fees and made false promises to assist struggling Central Valley homeowners with lowering their mortgage payments.

In 2007, Attorney General Masto formed the Nevada Mortgage Fraud Strike Force that launched a wide series of investigations and litigation into areas including violations of the law related to mortgage lending, servicing, and foreclosure practices and the creation, rating, marketing, sale, and management of mortgage backed securities. The Nevada Mortgage Fraud Strike Force has taken action against predatory “mortgage rescue” companies and individuals claiming to offer services to stop foreclosures. Last month, the Strike Force announced the indictments of Gerri Sheppard and Gary Trafford, who led a massive robo-signing scheme which resulted in the filing of tens of thousands of fraudulent documents. Nevada is also suing Bank of America and its subsidiaries, including Countrywide, for violations of a Consent Judgment for mortgage servicing and mortgage origination irregularities.

The Mortgage Investigation Alliance is the product of weeks of discussion between Attorneys General Harris and Masto regarding the most effective and efficient means of achieving justice for their respective states. Today’s announcement formalizes an agreement reached between the two officials last week.

WEBCAST LINK: http://oag.ca.gov/

WHAT: Attorneys General Kamala D. Harris of California and Catherine Cortez Masto of Nevada will make a joint mortgage-related announcement.

WHEN: Tuesday, December 6, 2011
Press Conference – 11:30 am

WHERE:

Ronald Reagan Building
300 S. Spring Street
Los Angeles, CA 90013
(On Spring, between 3rd and 4th Streets)

NOTES:

The press conference will be held on the 5th Floor in the North Tower and is open to credentialed media only. Please RSVP at agpressoffice@doj.ca.gov or at 415-703-5837.

SACRAMENTO--- Attorney General Kamala D. Harris announced that Angeline Lisa Lizarrago, 69, of Fremont, was sentenced today to five years for a foreclosure scam in which dozens of struggling Bay Area and Central Valley homeowners paid for foreclosure services that were never delivered.

The case was investigated and prosecuted jointly by the Attorney General’s office and the office of Alameda County District Attorney Nancy E. O’Malley. The California Department of Real Estate and the Fremont Police Department assisted in the investigation.

“Protecting innocent homeowners from the empty promises by predators like Angeline Lizarrago is a top priority of my office,” Attorney General Harris said. “Those who take advantage of Californians facing foreclosure are not only breaking the law, they also are slowing California’s recovery from the economic recession. I am grateful to District Attorney O’Malley and other law enforcement leaders who have made a commitment to investigate and prosecute those who commit these crimes.”

Lizarrago was sentenced today in Alameda County Superior Court to five years and ordered to pay more than $31,000 in restitution to nine victims of her foreclosure scam. Two additional victims are seeking additional restitution; a restitution hearing was set for February 2012 to address their claims.

In September 2010, the Attorney General’s office and the Alameda County District Attorney’s office charged Lizarrago with 23 counts of felony fraud and theft committed at her Fremont business, Avemos Financial Group. The charges against Lizarrago and her co-defendant, Michael Douglas Young, 68, of Los Gatos, were based on 11 cases of fraud and theft totaling more than $50,000.

“The Alameda County DA’s office will remain highly vigilant in our effort to identify and prosecute people who prey upon distressed homeowners in these difficult economic times,” said District Attorney Nancy E. O’Malley. “We applaud the joint efforts of the California Department of Real Estate, the Fremont Police Department, the California Attorney General and the Alameda County District Attorney’s office that brought defendant Lizarrago to justice.”

From June 2008 to October 2009, Lizarrago, owner of Avemos, and Young, the general manager, targeted Spanish-speaking homeowners, as well as Southeast Asian immigrants, who were desperate to save their homes.

Victims of the scam were located throughout the Bay Area, including San Leandro, Hayward, Oakland, South San Francisco, and Fremont. There were also a substantial number of victims from the Central Valley.

People stood in line for hours to get into Avemos’s waiting room, which was decorated with shrines to the Virgin Mary. Clients seeking help typically paid $1,500 initially. Lizarrago promised she would take steps to stop banks from foreclosing on clients’ homes and renegotiate their loans to lower monthly loan payments and reflect their homes’ current market value. Lizarrago guaranteed a refund if they were unsuccessful. Many clients lost their homes in foreclosure and did not receive a refund.

Lizarrago also took advantage of the foreclosure crisis in another way. She told an 89-year-old man and his wife, who wanted to move away from Stockton, that she owned 51 properties, many of which had been foreclosed upon, and she could find them a home in Fremont. She asked for an up-front fee, which she promised to return with interest once the purchase was made. In a series of payments, the couple gave Lizarrago $25,000. She never found them a home, nor returned their money.

Lizarrago was on bail from Madera County at the time she committed the offense and she has a prior felony conviction for grand theft. Young, who pled not guilty to the felony charges, is scheduled for jury trial on January 23, 2012.

Attorney General Harris formed a Mortgage Fraud Strike Force in May 2011 to investigate and prosecute mortgage fraud. In August, the Strike Force filed its first suit against a law firm that took millions from desperate homeowners: http://oag.ca.gov/news/press_release?id=2552&y=&m=

For tips on how to avoid mortgage fraud and other resources, and to report fraud or file a complaint, visit http://oag.ca.gov/consumers/loan-modification.

The investigation into further criminal actions by Lizarrago and Young is ongoing; to share information about the Avemos Group or the defendants, please call the Alameda County District Attorney’s office at (877) 288-2882.

For more information, see the attachment to the online version of this release at http://oag.ca.gov/.

SAN FRANCISCO -- Attorney General Kamala D. Harris today issued a consumer alert with tips on how Californians can protect their personal information from identity theft when shopping online during this holiday season.

1. Consider investing in antivirus and anti-spyware software. If you already have antivirus software, be sure to download the latest security updates, as there are new viruses and malicious programs every day.

2. Use a credit card instead of a debit card. A stolen debit card gives an identity thief a direct line to your bank account, whereas credit cards offer added protection from fraudulent transactions. To be safe, don’t store your credit card numbers online, and review your credit card bills monthly for unauthorized charges.

3. Make purchases through websites that offer secure connections. When shopping online, choose websites or e-merchants that offer heightened SSL (Secure Socket Layer) security to protect your personal information. Before inputting your phone or credit card number, check your browser’s status bar for an unbroken “padlock” icon, which indicates the site uses SSL. Also, because most email accounts are not secure, it’s best not to send payment information in an email.

4. Watch what you post online. The Internet has made it easy to store and share information, but we should be careful when sharing personal information online. Avoid posting addresses and phone numbers on social networking sites, or storing credit card information and passwords in your email account.

5. Strengthen all your passwords and PINs. With so many passwords and personal identification numbers to remember these days, it’s tempting to use a birthday, child’s name, consecutive numbers, or other predictable passwords or PINs. Use a combination of numbers, letters, and symbols to protect your shopping and email accounts with the strongest possible passwords.

6. Talk to your kids about the dangers of online shopping. Children are often so comfortable and confident online they don’t think they need to take special precautions. And identity thieves know this; kids are among their prime targets. Supervise your kids’ online shopping and talk to them about keeping their information secure.

7. Shop at trusted websites. Everyone wants to find the best deals when shopping online, but be cautious when using unfamiliar websites. When shopping at a site that is new or unfamiliar, review customer reviews and Better Business Bureau listings to check the site’s legitimacy.

8. Be wary of fake online stores. Many online scammers steal personal information by redirecting shoppers to fake web pages that look like the checkout pages of legitimate shopping sites. To avoid these traps, be careful what links you click. Set your browser to block pop-up windows, and make sure you type in the store’s web address into your browser window instead of clicking links from email or other websites.

9. Guard your Social Security number. There’s no reason for an online shopping site to request your Social Security number to make a routine purchase.

For more information about identity theft, visit: http://ag.ca.gov/idtheft/index.php.

SAN FRANCISCO --- Attorney General Kamala D. Harris today issued a consumer alert with tips on how Californians can make safe, informed donations this October, which is National Breast Cancer Awareness Month.

Attorney General Harris offers the following five tips to the public on how to avoid “sound-alike” organizations and scam artists that use high-volume donation periods to prey on the goodwill of Californians.

1. Avoid giving your credit card number to a telephone solicitor. Avoid giving cash to an individual or responding to an e-mail solicitation. Instead, seek out known organizations and give directly by calling the organization, visiting its official website, or mailing a check to the listed address.

2. Research an organization before you donate by visiting:
- California Attorney General’s Registry of Charitable Trusts, http://oag.ca.gov/charities
- Better Business Bureau’s Wise Giving Alliance, www.give.org
- Charity Navigator, www.charitynavigator.org

3. Learn about an organization by asking the right questions: Does the organization only support research? Does it fund community health programs? How are donations used? What percentage of donations is used for charitable activities?

4. Avoid generic claims like “Supports Breast Cancer Programs,” and look for a name, label, or logo that you recognize and can verify.

5. Ask the organization not to store your credit card information.

For additional tips on charitable giving, go to http://ag.ca.gov/charities/charit_giving.php.

Californians who believe they have been victimized by a fraudulent charitable solicitation should file a complaint with the Attorney General’s Registry of Charitable Trusts at http://ag.ca.gov/charities.php.

SAN FRANCISCO --- Attorney General Kamala D. Harris today announced that the California Department of Justice, in conjunction with the State Bar of California, has sued multiple entities accused of fraudulently taking millions of dollars from thousands of homeowners who were led to believe they would receive relief on their mortgages.

Attorney General Harris sued Philip Kramer, the Law Offices of Kramer & Kaslow, two other law firms, three other lawyers, and 14 other defendants who are accused of working together to defraud homeowners across the country through the deceptive marketing of 'mass joinder' lawsuits. 'Mass joinder' lawsuits are lawsuits with hundreds, or more, individually named plaintiffs. This is the first consumer action by the Attorney General’s Mortgage Fraud Strike Force.

Kramer’s firm and other defendants were placed into receivership on Monday, Aug. 15. The legal actions were designed to shut down a scheme operated by attorneys and their marketing partners, in which defendants used false and misleading representations to induce thousands of homeowners into joining the mass joinder lawsuits against their mortgage lenders. Defendants also had their assets seized and were enjoined from continuing their operations. Nineteen DOJ special agents participated as the firms were taken over Wednesday, Aug. 17, along with 42 agents and other personnel from HUD’s Office of Inspector General, the California State Bar, and the Office of Receiver Thomas McNamara at 14 locations in Los Angeles and Orange Counties. Sixteen bank accounts were seized.

"The defendants in this case fraudulently promised to win prompt mortgage relief for millions of vulnerable homeowners across the country,' said Attorney General Harris. 'Innocent people, already battered by the housing crisis, were targeted for fraud in their moment of distress.'

"The number of lawyers who have tried to take advantage of distressed homeowners in these tough economic times is nothing short of shocking,' said State Bar President William Hebert. 'By taking over the practices of four attorneys accused of fraudulent marketing practices, the State Bar can put a stop to their deplorable conduct as part of our ongoing effort to protect the public.'

It is believed that at least two million pieces of mail were sent out by defendants to victims in at least 17 states. Defendants’ revenue from this scam is estimated to be in the millions of dollars.

As alleged in the lawsuit, defendants preyed on desperate homeowners facing foreclosure by selling them participation as plaintiffs in mass joinder lawsuits against mortgage lenders. Defendants deceptively led homeowners to believe that by joining these lawsuits, they would stop pending foreclosures, reduce their loan balances or interest rates, obtain money damages, and even receive title to their homes free and clear of their existing mortgage. Defendants charged homeowners retainer fees of up to $10,000 to join as plaintiffs to a mass joinder lawsuit against their lender or loan servicer.

Consumers who paid to join the mass joinder lawsuits were frequently unable to receive answers to simple questions, such as whether they had been added to the lawsuit, or even to establish contact with defendants. Some consumers lost their homes shortly after paying the retainer fees demanded by defendants.

This mass joinder scam began with deceptive mass mailers, the lawsuit alleges. Some mailers, designed to appear as official settlement notices or government documents, informed homeowners that they were potential plaintiffs in a 'national litigation settlement' against their lender. No settlements existed and in many cases no lawsuit had even been filed. Defendants also advertised through their web sites.

When consumers contacted the defendants, they were given legal advice by sales agents, not attorneys, who made additional deceptive statements and provided (often inaccurate) legal advice about the supposedly 'likely' results of joining the lawsuits. Defendants unlawfully paid commissions to their sales representatives on a per client sign-up basis, a practice known as 'running and capping.'

Defendants’ alleged misconduct violates the following laws:
-False advertising, in violation of section 17500 of the Business and Professions Code
-Unfair, fraudulent and unlawful business practices, in violation of section 17200 of the Business and Professions Code
-Unlawful running and capping, in violation of section 6152, subdivision (a) of the Business and Professions Code (i.e., a lawyer unlawfully paying a non-lawyer to solicit or procure business)
-Improper fee splitting (defendants unlawfully splitting legal fees with non-attorneys)
-Failing to register with the Department of Justice as a telephonic seller.

Homeowners who have paid to be added to one of the lawsuits should contact the State Bar if they feel they may be victims of this scam. They can also contact a HUD-certified housing counselor for general mortgage related assistance.

The Department of Justice has seized the practices of the following non-attorney defendants:
Attorneys Processing Center, LLC; Data Management, LLC; Gary DiGirolamo; Bill Stephenson; Mitigation Professionals, LLC; Glen Reneau; Pate Marier & Associates, Inc.; James Pate; Ryan Marier; Home Retention Division; Michael Tapia; Lewis Marketing Corp.; Clarence Butt; and Thomas Phanco.

The State Bar has seized the practices and attorney accounts of the attorney defendants:
The Law Offices of Kramer & Kaslow; Philip Kramer, Esq; Mitchell J. Stein & Associates; Mitchell Stein, Esq.; Christopher Van Son, Esq.; Mesa Law Group Corp.; and Paul Petersen, Esq.

Attorney General Harris is challenging the defendants’ alleged misconduct in marketing their mass joinder lawsuits; her office takes no position as to the legal merits of any claims asserted in the mass joinder lawsuits filed by defendants.

Victims in the following states are known to have received these mailers, or signed on to join the case. This is a preliminary list that may be updated:

Alaska, Arizona, California, Colorado, Connecticut, Florida, Hawaii, Maryland, Massachusetts, Michigan, Missouri, Nevada, New Jersey, New York, Ohio, Texas, Washington

The complaint, temporary restraining order, examples of marketing documents and photos of the enforcement action are available with the electronic version of this release at http://oag.ca.gov/news.

SAN FRANCISCO –-- Attorney General Kamala D. Harris today announced a national settlement with JP Morgan Chase & Co. (JPMC) as part of an ongoing nationwide investigation over allegations of anti-competitive and fraudulent conduct in the municipal bond derivatives industry.

“School districts, non-profits and municipalities in this case were all defrauded by Wall Street,” Attorney General Harris said. “This settlement brings a measure of restitution, justice and closure to the victims.”

The settlement was based on allegations that JPMC made secret deals with competitors in the bidding process. This illegal conduct included bid-rigging, peeking at competitors’ bids and offering non-competitive courtesy bids. These schemes enriched the financial institutions and brokers at the expense of cash strapped state agencies, cities, school districts and non-profits that could ill afford the steep financial consequences of this illegal conduct.

The settlement also provides that JPMC will pay $17 million in restitution directly to certain other government and not-for-profit entities as part of separate agreements it entered into today with the U.S. Securities and Exchange Commission and the Office of the Comptroller of the Currency.

The state and federal settlements are distinct components of a coordinated global $228 million settlement that JPMC entered into today. JPMC also reached agreement with the U.S. Department of Justice’s Antitrust Division, the Internal Revenue Service and the Federal Reserve Board.

JPMC is the third financial institution to settle with the multistate working group in the ongoing municipal bond derivatives investigation following Bank of America and UBS AG. To date, the state working group has obtained settlements worth approximately $250 million. California entities are set to receive approximately $6.7 million for restitution under the JPMC settlement.

Municipal bond derivatives are contracts that tax-exempt issuers use to reinvest proceeds of bond sales until the funds are needed, or to hedge interest-rate risk.

In April 2008, the states began investigating allegations that certain large financial institutions, brokers and swap advisors engaged in various schemes to rig bids and commit other deceptive, unfair and fraudulent conduct in the municipal bond derivatives market.

The investigation, which is still ongoing, revealed collusive and deceptive conduct involving individuals at JPMC and other financial institutions, and certain brokers with whom they had working relationships. The wrongful conduct took the form of bid-rigging, submission of non-competitive courtesy bids and submission of fraudulent certifications of compliance to government agencies, among others, in contravention of U.S. Treasury regulations.

LOS ANGELES – Attorney General Kamala D. Harris today announced the creation of the California Attorney General’s Mortgage Fraud Strike Force, staffed by Department of Justice attorneys and investigators charged with protecting innocent homeowners and bringing to justice those who defraud them.

Composed of both civil and criminal enforcement teams, the Mortgage Fraud Strike Force will monitor and prosecute violations at every step of the mortgage process, from the origination of mortgage loans to the marketing of mortgage-backed securities to the investing public.

“Californians in search of the American dream all too often found a protracted personal and legal nightmare,” said Attorney General Harris. “Families are losing their homes, while those who perpetrated crimes and frauds against them walk free.”

At her announcement of the new mortgage fraud unit, Attorney General Harris was joined by Mayor Antonio R. Villaraigosa, representatives from U.S. Department of Housing and Urban Development (HUD) and the Center for Responsible Lending, as well as homeowners harmed by unlawful lending, servicing and foreclosure practices.

“We will work to safeguard the homeowner at every step of the process – from origination of a loan to its securitization, and we will prosecute to the fullest extent of the law those who take advantage of trusting California families,” said Attorney General Harris. “We are setting a high bar for other states and we insist that homeowners be protected, respected, and informed.”

The Mortgage Fraud Strike Force will operate out of Department of Justice offices in Los Angeles, Fresno, San Francisco and Sacramento. Twenty-five attorneys and investigators will work together in three teams:
• The consumer enforcement team will target scams in the consumer arena, including predatory lending, unfair business practices in originating loans, deceptive marketing, and loan modification and foreclosure consultant scams.
• The criminal enforcement team will prosecute criminal frauds associated with the epidemic of mortgage scams, including fraudulent investment and money laundering schemes related to mortgage lending or foreclosure relief.
• The corporate fraud team will target misconduct involving investments and securities tied to subprime mortgages, as well as false or fraudulent claims made to the state with respect to these securities.

Los Angeles Mayor Antonio R. Villaraigosa offered his support of the new strike force. “With nearly 10,000 foreclosures in the City of Los Angeles last year,” he said, “this strike force is certain to help countless residents and families from becoming victimized.”

“The Attorney General’s authority and attention to this issue brings a critical law enforcement component to the table that will help stop the practice of predatory lending once and for all,” said Mayor Villaraigosa. “I applaud Attorney General Harris for her dedication to employing swift justice to the scam artists who prey on the residents of some of our most economically vulnerable neighborhoods.”

California has been hit hard by the foreclosure crisis, and by predators who seek to profit from the millions of Californians who are underwater in their mortgages, in foreclosure, or at risk of entering foreclosure.

Last year alone, there were foreclosure filings against 546,669 California homes. It is projected that between 2009 and 2012, a total of 2 million California homes will enter the foreclosure process. In the last year, the California Department of Justice has received thousands of complaints related to foreclosure scams, mortgage fraud, and mortgage servicing practices.

“The fingerprints of illegal activity are all over the foreclosure crisis,” said Paul Leonard, director of the California Office, Center for Responsible Lending. “The Attorney General’s effort marries the need to punish bad actors for the practices that brought our economy to the brink with the need to eliminate the scam artists who have since attempted to profit from it. Given the economic damage wreaked by foreclosures in California, this initiative is very welcome news.”

Attorney General Harris has long been dedicated to prosecuting mortgage fraud. In 2009, as District Attorney of San Francisco, she launched the first stand-alone district attorney’s mortgage fraud unit in California with $1.1 million from the U.S. Department of Justice.

If you are a homeowner who has been scammed, you can learn more or file a complaint online with the Attorney General’s office at: http://oag.ca.gov/consumers.

SAN BERNARDINO, Calif. – Three men were arrested this morning in San Bernardino County in a $102 million bribery scheme. A fourth, former Supervisor Paul Biane, remains a fugitive from justice.

The four individuals were indicted yesterday by the San Bernardino County Grand Jury on 29 counts of conspiracy to commit bribery, misappropriation of public funds, improper influence, conflict of interest, and additional charges.

“When public officials act corruptly, every Californian is their victim,” said Attorney General Kamala D. Harris. “Let the San Bernardino indictments send a strong message that we will never tolerate this sort of abuse of the public trust.”

The indictments are the result of a combined effort by Attorney General Kamala D. Harris and San Bernardino County District Attorney Michael A. Ramos. Their two agencies jointly investigated the case and presented it to the grand jury, and will share in prosecution of the charges.

Turning themselves in to authorities for arrest this morning were Mark Kirk, former chief of staff for a member of the board of supervisors and current director of government relations in the county administrative office; James Erwin, former chief of staff for a member of the board of supervisors; and Jeffrey Burum, a general partner of Colonies Partners, L.P., a developer. The three were arrested and booked at Central Detention Center in San Bernardino.

Former Supervisor Paul Biane did not turn himself in after the indictment. Biane is also charged with misappropriation of public funds, filing a fraudulent tax return, perjury, filing a false instrument, and two counts of bribery.

Kirk is also charged with bribery, improper influence, forgery, filing a fraudulent tax return, willful failure to file a tax return, four counts of perjury, three counts of filing a false instrument, and four counts involving bribery.

Burum is also charged with four counts involving bribery.

The case is part of a continuing probe by both the Attorney General and the DA into corruption in San Bernardino County.

The current charges, according to the indictment, stem from a $102 million settlement approved by the Board of Supervisors in 2006 with the developer Colonies over flood control improvements on 434 acres of land in Upland. The indictment alleges that the defendants engaged in a corrupt scheme to obtain the settlement from the county.

Between January 2005 and November 2006, according to the indictment, that corrupt scheme included Burum influencing “members of the Board of Supervisors through a combination of threats, extortion, inducements and bribery, in order to secure their vote in favor of a settlement.”

Erwin joined the conspiracy, the indictment says, and conveyed threats and/or inducements from Burum to William John Postmus (then chairman of the Board of Supervisors), Biane and Kirk. Erwin agreed to accept money in exchange for influencing the votes of Postmus and Biane. Kirk agreed to accept money to influence the vote of another member of the board. And Postmus and Biane joined the conspiracy by agreeing to accept a bribe to approve the Colonies settlement.

The bribes were $100,000 each.

After Colonies received a substantial amount of the $102 million settlement, the indictment says, Burum distributed the agreed-upon bribes and payments to Postmus, Biane, Kirk and Erwin. The defendants used political action committees to conceal the bribes.

Postmus pleaded guilty in March to 14 felony counts, including conspiracy to accept a bribe and conflict of interest. He agreed to cooperate in the continuing investigation.