Grand Jury Indicts Two Attorneys in Mortgage Fraud Scam

Two Attorneys Charged in Mortgage Fraud Scheme
The New York Law Journal by Andrew Keshner  -  October 6, 2011

Two Queens attorneys are facing federal charges for their alleged involvement in a mortgage fraud ring that raked in more than $25 million over some 10 years. Attorneys Matthew Burstein and Aaron Rabinowitz of Burstein & Rabinowitz in Forest Hills were two of six people indicted by an Eastern District grand jury for the scheme that occurred between January 2001 and July 2010.  Allegedly working with a real estate agent, two loan officers and someone who recruited straw buyers, the lawyers submitted mortgage applications containing false information such as larger bank accounts and incomes. Though down payments were required for the mortgages' issuance, the six individuals allegedly falsified documentation to wrongly show the payments had been made. The ring profited from the commissions and loan fees. The scheme involved about 30 properties mostly located in Queens, but stretching from the Bronx to Suffolk County.  Messrs. Burstein and Rabinowitz face charges of wire fraud and conspiracy to commit bank fraud and wire fraud. Assistant U.S. Attorney Alexander A. Solomon is prosecuting the case. Mr. Rabinowitz, 40, graduated from the Maurice A. Deane School of Law at Hofstra University and was admitted in 2002. Mr. Burstein, 40, graduated from Benjamin N. Cardozo School of Law and was admitted in 1998.

The Indictment:
DAS/LM:AAS F.#2010R01348
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

- - - - - - - - - - - - - - -X

UNITED STATES OF AMERICA

- against -

MATTHEW BURSTEIN,
ELIAS COMPRES,
JOHN CONSTANTANIDES,
ARTURO GIRALDO,
AARON RABINOWITZ and
ROLANDO E. ROLDAN,

Defendants.

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THE GRAND JURY CHARGES:

S U P E R S E D I N G INDICTMENT

Cr. No. 10-623 (S-2)(ARR)(T. 18, U.S.C., §§ 

981(a)(1)(c), 982(a)(2)(A), 1343, 1344, 1349,

2 and 3551 et seq.; T. 21, U.S.C., § 853(p); 

T. 28, U.S.C., § 2461(c))

                           INTRODUCTION
          At all times relevant to this Superseding Indictment:

          1.   The defendants MATTHEW BURSTEIN, ELIAS COMPRES,
JOHN CONSTANTANIDES, ARTURO GIRALDO, AARON RABINOWITZ and ROLANDO
E. ROLDAN, together with others, defrauded various lending
institutions (the “Lenders”) by obtaining mortgages on properties
(the “Properties”) located in the Eastern District of New York
and elsewhere through fraudulent means, including by falsifying
mortgage loan applications, appraisals, title reports and other
documents.  That false information made the borrowers appear to
be more creditworthy, and falsely enhanced the purported value of
the Properties.  As a result, the Lenders were fraudulently
induced to issue mortgage loans secured by the Properties.  The
amount of the mortgage loans obtained by defendants BURSTEIN,

COMPRES, CONSTANTANIDES, GIRALDO, RABINOWITZ, ROLDAN and others
exceeded $25 million.
I.        The Defendants

          2.   The defendants MATTHEW BURSTEIN and AARON
RABINOWITZ were attorneys licensed to practice law in the State
of New York.  BURSTEIN and RABINOWITZ acted as attorneys
representing buyers and mortgage lenders in real estate
transactions involving some of the Properties.

          3.   The defendant ELIAS COMPRES was a real estate
agent licensed in the State of New York.  COMPRES recruited
individuals to pose as purchasers of some of the Properties (the
“Straw Buyers”).

          4.   The defendants JOHN CONSTANTANIDES and ARTURO
GIRALDO were loan officers.  CONSTANTANIDES and GIRALDO submitted
mortgage applications and other documents containing false and
fraudulent information to the Lenders in an effort to obtain home
mortgage loans.

          5.   The defendant ROLANDO E. ROLDAN recruited Straw
Buyers to pose as purchasers of some of the Properties.
II.       The Lenders

          6.   Chase Home Finance was a wholly-owned subsidiary
of JP Morgan Chase (“JP Morgan”), a bank, the deposits of which
were insured by the Federal Deposit Insurance Corporation
(“FDIC”).

          7.   Countrywide Home Loans was a wholly-owned
subsidiary of Countrywide Financial (“Countrywide”), a bank, the
deposits of which were insured by the FDIC.

          8.   Fremont Investment and Loan (“Fremont”) was a
bank, the deposits of which were insured by the FDIC.

          9.   IndyMac Mortgage Services was a wholly-owned
subsidiary of IndyMac Bank (“IndyMac”), a bank, the deposits of
which were insured by the FDIC.

          10.  National City Mortgage was a wholly-owned
subsidiary of National City Corporation (“National City”), a
bank, the deposits of which were insured by the FDIC.

          11.  Sun Trust Mortgage, Inc. (“Sun Trust Mortgage”)
was a bank, the deposits of which were insured by the FDIC.
          12.  Wells Fargo Home Mortgage was a wholly-owned

subsidiary of Wells Fargo & Company (“Wells Fargo”), a bank, the
deposits of which were insured by the FDIC.

          13.  Lend-Mor Mortgage Bankers Corporation (“Lend-Mor”)
was a wholesale mortgage lender doing business throughout the
United States, including in New York.

          14.  Mortgage Lenders Network USA, Inc. (“Mortgage
Lenders”) was a wholesale mortgage lender doing business
throughout the United States, including in New York.

          15.  New Century Mortgage Corporation (“New Century”)
was a wholesale mortgage lender doing business throughout the
United States, including in New York.

          16.  The Federal Housing Administration (“FHA”)
provided insurance on mortgage loans for single-family and multi-
family homes issued by FHA-approved Lenders.  The FHA insured
some of the loans issued by the Lenders.
III.      The Borrowers

          17.  The defendants ELIAS COMPRES and ROLANDO E.
ROLDAN, together with others, recruited purchasers (the
“Purchasers”) who desired to purchase the Properties for their
own use.  The Purchasers generally were individuals with good
credit scores, but with income and assets that were insufficient
to secure a mortgage loan.  The defendants COMPRES and ROLDAN,
together with others, often promised the Purchasers either that
no down payment would be necessary to purchase the Properties, or
that any down payment would be refunded to them at the closings.

          18.  The defendants ELIAS COMPRES and ROLANDO E.
ROLDAN, together with others, also recruited Straw Buyers to pose
as the purchasers of some of the Properties.  Like the
Purchasers, the Straw Buyers generally were individuals with good
credit scores, but with income and assets that were insufficient
to secure a mortgage loan.  Unlike the Purchasers, however, the
Straw Buyers did not intend to inhabit or control the Properties.
Instead, the defendants COMPRES and ROLDAN, together with others,
were the true owners of the Properties purportedly purchased by
the Straw Buyers.  In exchange for the use of their names and
good credit, the Straw Buyers often received a fee.

          19.  In some cases, the defendant ELIAS COMPRES and
others (the “Co-conspirators”) purchased multiple Properties in
their own names.  Like the Purchasers and the Straw Buyers, the
defendant COMPRES and the Co-conspirators had good credit scores,
but insufficient income and assets to secure multiple mortgage
loans.  Like the Straw Buyers, COMPRES and the Co-conspirators
did not intend to inhabit the Properties but rather purchased the
Properties as investments.
IV.       The Fraudulent Scheme

          20.  Once Purchasers or Straw Buyers were recruited,
the defendants ELIAS COMPRES, JOHN CONSTANTANIDES, ARTURO GIRALDO
and ROLANDO E. ROLDAN, together with others, prepared and caused
to be prepared mortgage applications for the Properties.  These
mortgage applications contained numerous misrepresentations and
material falsehoods designed to make the Purchasers, Straw
Buyers, the defendant COMPRES and the Co-conspirators appear more
creditworthy.  Among other things, the mortgage applications
falsely inflated the bank account balances and income for the
Purchasers, Straw Buyers, the defendant COMPRES and the Co-
conspirators.  Additionally, some of the mortgage applications
falsely stated that the mortgage applicants would live at the
Properties.  The defendants MATTHEW BURSTEIN, COMPRES,
CONSTANTANIDES, GIRALDO, AARON RABINOWITZ and ROLDAN, together
with others, caused these applications and supporting documents

to be sent to the Lenders by facsimile or via electronic
transmissions.

          21.  As a condition for issuing the mortgage loans, the
Lenders required the Purchasers, Straw Buyers, the defendant
ELIAS COMPRES and the Co-conspirators to make down payments on
the purchase of the Properties.  Notwithstanding these
requirements, the Purchasers, Straw Buyers, the defendant COMPRES
and the Co-conspirators often did not make any down payments.

          22.  To conceal these facts from the Lenders, the
defendants MATTHEW BURSTEIN, ELIAS COMPRES, JOHN CONSTANTANIDES,
ARTURO GIRALDO, AARON RABINOWITZ and ROLANDO E. ROLDAN, together
with others, falsified Department of Housing and Urban
Development forms (the “Falsified HUD Forms”), designed to
deceive the Lenders about the disbursements at closings.  For
example, the Falsified HUD Forms represented that some of the
Purchasers, Straw Buyers, the defendant COMPRES and the Co-
conspirators had made a down payment or other cash payment to the
sellers when, in fact, none had been made.

          23.  In many instances, the Purchasers, Straw Buyers,
the defendant ELIAS COMPRES and the Co-conspirators failed to
make mortgage payments to the Lenders, and the mortgage loans for
the Properties defaulted.

          24.  The fraudulent scheme included the following
transactions:

                                        PROPERTY ADDRESS

32-40 95th Street
East Elmhurst, New York 31-21 84th Street
Jackson Heights, New York 86-05 25th Avenue
East Elmhurst, New York 95-08 89th Street
Ozone Park, New York
67-33A Cloverdale Lane
New York, New York
23 Lurcott Lane
Central Islip, New York 31-22 79th Street
Jackson Heights, New York 26-18 95th Street
East Elmhurst, New York 237-09 
93rd Avenue Bellerose, New York
94-10 50th Avenue
Elmhurst, New York
25-29 97th Street
East Elmhurst, New York
848 Quincy Ave
Bronx, New York
25-37 100th Street
East Elmhurst, New York 
93-53 Hollis Court Boulevard Queens Village, New York 86-05 25th Avenue
East Elmhurst, New York 31-37 101st Street
East Elmhurst, New York 22-25 128th Street
College Point, New York 98-15 32nd Avenue
East Elmhurst, New York 23-43 100th Street
East Elmhurst, New York 89-09 84th Street
Woodhaven, New York
24-50 93rd Street East Elmhurst, New York 
108-35Ditmars Boulevard East Elmhurst, New York
41-13 Denman Street Elmhurst, New York

    APPROXIMATE CLOSING DATE

September 30, 2005 October 28, 2005 
November 30, 2005 February 8, 2006 
February 13, 2006 February 22, 2006 
March 14, 2006 April 28, 2006 
June 28, 2006 June 28, 2006 
July 19, 2006 July 31, 2006 
July 31, 2006 September 21, 2006 
September 23, 2006 November 20, 2006 
November 20, 2006 November 20, 2006 
November 28, 2006 January 31, 2007 
January 31, 2007 June4,2007 August 10, 2007

PROPERTY ADDRESS	APPROXIMATE CLOSING DATE
31-29 93rd Street Jackson Heights, New York	August 20, 2007
23-16 99th Street East Elmhurst, New York	August 30, 2007
81-09 91st Avenue Woodhaven, New York	December 5, 2007
88-19 77th Street Woodhaven, New York	December 28, 2007
1754 Lacombe Avenue Bronx, New York	January 16, 2008
172 Sylvester Street Westbury, New York	February 29, 2008
80-33 88th Road Woodhaven, New York	March 5, 2009

                            COUNT ONE
            (Conspiracy to Commit Bank and Wire Fraud)

          25.  The allegations contained in paragraphs one
through twenty-four are realleged and incorporated as if set
forth fully in this paragraph.

          26.  In or about and between January 2001 and July
2010, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants
MATTHEW BURSTEIN, ELIAS COMPRES, JOHN CONSTANTANIDES, ARTURO
GIRALDO, AARON RABINOWITZ and ROLANDO E. ROLDAN, together with
others, did knowingly and intentionally conspire to:

               a.   execute a scheme and artifice to defraud JP
Morgan, through its subsidiary Chase Home Finance, Countrywide,
through its subsidiary, Countrywide Home Loans, Fremont, IndyMac,
through its subsidiary, IndyMac Mortgage Services, National City,
through its subsidiary, National City Mortgage, Sun Trust
Mortgage and Wells Fargo, through its subsidiary, Wells Fargo

Home Mortgage, all financial institutions, and to obtain moneys,

funds and credits owned by and under the custody and control of
said financial institutions by means of materially false and
fraudulent pretenses, representations and promises, contrary to
Title 18, United States Code, Section 1344; and

               b.   devise a scheme and artifice to defraud Lend-
Mor, Mortgage Lenders, New Century and others, and to obtain

money and property from Lend-Mor, Mortgage Lenders, New Century
and others by means of materially false and fraudulent pretenses,
representations and promises, and for the purpose of executing
such scheme and artifice, to transmit and cause to be transmitted
by means of wire communication in interstate commerce, writings,
signs, signals, pictures and sounds, contrary to Title 18, United
States Code, Section 1343.

          (Title 18, United States Code, Sections 1349 and 3551

et seq.)
COUNT TWO
(Bank Fraud -- 32-40 95th Street, East Elmhurst, New York)

          27.  The allegations contained in paragraphs one
through twenty-four are realleged and incorporated as if set
forth fully in this paragraph.

          28.  On or about September 30, 2005, a closing was held

for a mortgage loan issued by Countrywide, through its
subsidiary,

Countrywide Home Loans and secured by 32-40 95th
Street, East

Elmhurst, New York. This closing was held in
Harrison, New York.

          29.  In or about and between August 2005 and October

2005, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendant ELIAS
COMPRES, together with others, did knowingly and intentionally
execute a scheme and artifice to defraud Countrywide, through its
subsidiary, Countrywide Home Loans, and to obtain moneys, funds
and credits owned by and under the custody and control of said
financial institution by means of materially false and fraudulent
pretenses, representations and promises. (Title 18, 

United States Code, Sections 1344, 2 and 3551 et seq.)

COUNT THREE
(Bank Fraud -- 95-08 89th Street, Ozone Park, New York)

          30.  The allegations contained in paragraphs one

through twenty-four are realleged and incorporated as if set

forth fully in this paragraph.

          31. On or about February 8, 2006, a closing was held
for a mortgage loan issued by Fremont and secured by 95-08 89th 
Street, Ozone Park. This closing was held in Hauppauge, New York.

          32.  In or about and between February 2006 and March
2006, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendant ARTURO
GIRALDO, together with others, did knowingly and intentionally
execute a scheme and artifice to defraud Fremont and to obtain
moneys, funds and credits owned by and under the custody and

control of said financial institution by means of materially

false and fraudulent pretenses, representations and promises.
          (Title 18, United States Code, Sections 1344, 2 and

3551 et seq.)
COUNT FOUR
(Bank Fraud -- 25-37 100th Street, East Elmhurst, New York)

          33.  The allegations contained in paragraphs one
through twenty-four are realleged and incorporated as if set
forth fully in this paragraph.

          34. On or about July 31, 2006, a closing was held for
a mortgage loan issued by Countrywide, through its subsidiary,
Countrywide Home Loans and secured by 25-37 100th Street, East
Elmhurst, New York. This closing was held in Queens, New York
at the offices of the defendants MATTHEW BURSTEIN and 
AARON RABINOWITZ.

          35.  In or about and between June 2006 and August 2006,
both dates being approximate and inclusive, within the Eastern
District of New York and elsewhere, the defendants MATTHEW
BURSTEIN, ELIAS COMPRES and AARON RABINOWITZ, together with
others, did knowingly and intentionally execute a scheme and
artifice to defraud Countrywide, through its subsidiary,
Countrywide Home Loans, and to obtain moneys, funds and credits

owned by and under the custody and control of said financial

institution by means of materially false and fraudulent
pretenses, representations and promises.

          (Title 18, United States Code, Sections 1344, 2 and
3551 et seq.)

                            COUNT FIVE
           (Bank Fraud –- 93-53 Hollis Court Boulevard,
                    Queens Village, New York)

          36.  The allegations contained in paragraphs one
through twenty-four are realleged and incorporated as if set
forth fully in this paragraph.

          37.  On or about September 21, 2006, a closing was held
for a mortgage loan issued by JP Morgan, through its subsidiary
Chase Home Finance, and secured by 93-53 Hollis Court Boulevard,
Queens Village, New York.  This closing was held in Great Neck,
New York.

          38.  In or about and between October 2006 and December
2006, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendant ARTURO
GIRALDO, together with others, did knowingly and intentionally
execute a scheme and artifice to defraud JP Morgan, through its
subsidiary Chase Home Finance, and to obtain moneys, funds and

credits owned by and under the custody and control of said
financial institution by means of materially false and fraudulent
pretenses, representations and promises.

          (Title 18, United States Code, Sections 1344, 2 and
3551 et seq.)

COUNT SIX
(Bank Fraud -- 31-37 101st Street, East Elmhurst, New York)

          39.  The allegations contained in paragraphs one
through twenty-four are realleged and incorporated as if set
forth fully in this paragraph.

          40. On or about November 20, 2006, a closing was held
for a mortgage loan issued by Sun Trust Mortgage and secured by
31-37 101st Street, East Elmhurst, New York. This closing was 
held in Queens, New York at the offices of the defendants 
MATTHEW BURSTEIN and AARON RABINOWITZ.

          41.  In or about and between July 2006 and November
2006, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants
MATTHEW BURSTEIN, ELIAS COMPRES and AARON RABINOWITZ, together
with others, did knowingly and intentionally execute a scheme and
artifice to defraud Sun Trust Mortgage and to obtain moneys,
funds and credits owned by and under the custody and control of
said financial institution by means of materially false and
fraudulent pretenses, representations and promises.

          (Title 18, United States Code, Sections 1344, 2 and
3551 et seq.)

COUNT SEVEN
(Wire Fraud -- 22-25 128th Street, College Point, New York)

          42.  The allegations contained in paragraphs one
through twenty-four are realleged and incorporated as if set
forth fully in this paragraph.

          43. On or about November 20, 2006, a closing was held
for a mortgage loan issued by New Century and secured by 22-25
128th Street, College Point, New York. This closing was held in 
Queens, New York at the offices of the defendants MATTHEW BURSTEIN
and AARON RABINOWITZ.

          44.  In or about and between July 2006 and November
2006, both dates being approximate and inclusive, within the
Southern District of New York and elsewhere, the defendants
MATTHEW BURSTEIN, ELIAS COMPRES and AARON RABINOWITZ, together
with others, did knowingly and intentionally devise a scheme and
artifice to defraud New Century, and to obtain money and property
from New Century by means of materially false and fraudulent
pretenses, representations and promises, and for the purpose of
executing such scheme and artifice, did transmit and cause to be
transmitted, by means of wire communication in interstate
commerce, writings, signs, signals, pictures and sounds, to wit:
a funding wire transmission from Deutsche Bank in New York, New
York to Commerce Bank in Mt. Laurel, New Jersey on November 20,
2006.

          (Title 18, United States Code, Sections 1343, 2 and
3551 et seq.)

COUNT EIGHT
(Bank Fraud -- 98-15 32nd Avenue, East Elmhurst, New York)

          45.  The allegations contained in paragraphs one
through twenty-four are realleged and incorporated as if set
forth fully in this paragraph.

          46. On or about November 20, 2006, a closing was held
for a mortgage loan issued by National City, through its 
subsidiary National City Mortgage and secured by 98-15 32nd 
Avenue, East Elmhurst, New York. This closing was held in
Northport, New York.

          47.  In or about and between July 2006 and November
2006, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendant ELIAS
COMPRES, together with others, did knowingly and intentionally
execute a scheme and artifice to defraud National City, through
its subsidiary National City Mortgage, and to obtain moneys,
funds and credits owned by and under the custody and control of
said financial institution by means of materially false and
fraudulent pretenses, representations and promises.

          (Title 18, United States Code, Sections 1344, 2 and
3551 et seq.)

COUNT NINE
(Bank Fraud -- 23-43 100th Street, East Elmhurst, New York)

          48.  The allegations contained in paragraphs one
through twenty-four are realleged and incorporated as if set
forth fully in this paragraph.

          49. On or about November 28, 2006, a closing was 
held for a mortgage loan issued by Fremont and secured by 22-43
100th Street, East Elmhurst, New York. This closing was held in
Queens, New York at the offices of the defendants MATTHEW 
BURSTEIN and AARON RABINOWITZ.

          50.  In or about and between July 2006 and November

2006, both dates being approximate and inclusive, within the

Eastern District of New York and elsewhere, the defendants

MATTHEW BURSTEIN, ELIAS COMPRES and AARON RABINOWITZ, together

with others, did knowingly and intentionally execute a scheme

and artifice to defraud Fremont and to obtain moneys, funds 

and credits owned by and under the custody and control of said

financial institution by means of materially false and fraudulent

pretenses, representations and promises.

          (Title 18, United States Code, Sections 1344, 2 and
3551 et seq.)

COUNT TEN
(Bank Fraud -- 89-09 84th Street, Woodhaven, New York)

          51.  The allegations contained in paragraphs one
through twenty-four are realleged and incorporated as if set
forth fully in this paragraph.

          52. On or about January 31, 2007, a closing was held
for a mortgage loan issued by Countrywide, through its 
subsidiary, Countrywide Home Loans and secured by 89-09 84th
Street, Woodhaven, New York. This closing was held in Queens,

New York at the offices of the defendants MATTHEW BURSTEIN

and AARON RABINOWITZ.

          53.  In or about and between December 2006 and February
2007, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants
MATTHEW BURSTEIN and AARON RABINOWITZ, together with others, did
knowingly and intentionally execute a scheme and artifice to
defraud Countrywide, through its subsidiary, Countrywide Home
Loans, and to obtain moneys, funds and credits owned by and under
the custody and control of said financial institution by means of
materially false and fraudulent pretenses, representations and
promises.

          (Title 18, United States Code, Sections 1344, 2 and
3551 et seq.)

COUNT ELEVEN
(Wire Fraud -- 24-50 93rd Street, Woodhaven, New York)

          54.  The allegations contained in paragraphs one
through twenty-four are realleged and incorporated as if set
forth fully in this paragraph.

          55. On or about January 31, 2007, a closing was held
for a mortgage loan issued by New Century and secured by 
24-50 93rd Street, Woodhaven, New York. This closing was held 
in Queens, New York at the offices of the defendants 
MATTHEW BURSTEIN and AARON RABINOWITZ.

          56.  In or about and between December 2006 and February
2007, both dates being approximate and inclusive, within the

Southern District of New York and elsewhere, the defendants
MATTHEW BURSTEIN and AARON RABINOWITZ, together with others, did
knowingly and intentionally devise a scheme and artifice to
defraud New Century, and to obtain money and property from New
Century by means of materially false and fraudulent pretenses,
representations and promises, and for the purpose of executing
such scheme and artifice, did transmit and cause to be
transmitted, by means of wire communication in interstate
commerce, writings, signs, signals, pictures and sounds, to wit:
a funding wire transmission from Deutsche Bank in New York, New
York to Commerce Bank in Mt. Laurel, New Jersey on January 31,
2007. (Title 18, United States Code, Sections 1343, 2 and

3551 et seq.)

                           COUNT TWELVE
(Bank Fraud -- 108-35 Ditmars Boulevard, East Elmhurst, New York)

          57.  The allegations contained in paragraphs one
through twenty-four are realleged and incorporated as if set
forth fully in this paragraph.

          58.  On or about June 4, 2007, a closing was held for a
mortgage loan issued by Countrywide, through its subsidiary,
Countrywide Home Loans and secured by 108-35 Ditmas Boulevard,
East Elmhurst, New York.  This closing was held in Red Bank, New
Jersey.

          59.  In or about and between May 2007 and June 2007,
both dates being approximate and inclusive, within the Eastern

District of New York and elsewhere, the defendant ELIAS COMPRES,

together with others, did knowingly and intentionally execute a
scheme and artifice to defraud Countrywide, through its
subsidiary, Countrywide Home Loans, and to obtain moneys, funds
and credits owned by and under the custody and control of said
financial institution by means of materially false and fraudulent
pretenses, representations and promises.

          (Title 18, United States Code, Sections 1344, 2 and
3551 et seq.)

COUNT THIRTEEN
(Bank Fraud -- 187-29 91st Avenue, Hollis, New York)

          60.  The allegations contained in paragraphs one
through twenty-four are realleged and incorporated as if set
forth fully in this paragraph.

          61. On or about July 17, 2007, a closing was held 
for a mortgage loan issued by Wells Fargo, through its subsidiary,
Wells Fargo Home Mortgage and secured by 187-29 91st Avenue, 
Hollis, New York. This closing was held in Queens, New York at 
the offices of the defendants MATTHEW BURSTEIN and AARON
RABINOWITZ.

          62.  In or about and between June 2007 and August 2007,
both dates being approximate and inclusive, within the Eastern
District of New York and elsewhere, the defendants MATTHEW
BURSTEIN, JOHN CONSTANTINIDES and AARON RABINOWITZ, together with
others, did knowingly and intentionally execute a scheme and
artifice to defraud Wells Fargo, through its subsidiary, Wells

Fargo Home Mortgage, and to obtain moneys, funds and credits

owned by and under the custody and control of said financial
institution by means of materially false and fraudulent
pretenses, representations and promises.

          (Title 18, United States Code, Sections 1344, 2 and
3551 et seq.)

COUNT FOURTEEN
(Bank Fraud -- 31-29 93rd Street, Jackson Heights, New York)

          63.  The allegations contained in paragraphs one
through twenty-four are realleged and incorporated as if set
forth fully in this paragraph.

          64. On or about August 20, 2007, a closing was 
held for a mortgage loan issued by Wells Fargo, through its subsidiary, Wells Fargo Home Mortgage and secured by 31-29 93rd
Street, Jackson Heights, New York. This closing was held in 
Queens, New York at the offices of the defendants MATTHEW 
BURSTEIN and AARON RABINOWITZ.

          65.  In or about and between July 2007 and September
2007, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants
MATTHEW BURSTEIN, JOHN CONSTANTINIDES and AARON RABINOWITZ,
together with others, did knowingly and intentionally execute a
scheme and artifice to defraud Wells Fargo, through its
subsidiary, Wells Fargo Home Mortgage, and to obtain moneys,

funds and credits owned by and under the custody and control of

said financial institution by means of materially false and
fraudulent pretenses, representations and promises.

          (Title 18, United States Code, Sections 1344, 2 and
3551 et seq.)

COUNT FIFTEEN
(Bank Fraud -- 23-16 99th Street, East Elmhurst, New York)

          66.  The allegations contained in paragraphs one
through twenty-four are realleged and incorporated as if set
forth fully in this paragraph.

67. On or about August 30, 2007, a closing was held for a mortgage loan issued by Wells Fargo, through its subsidiary, Wells Fargo Home Mortgage and secured by 23-16 99th Street, East Elmhurst, New York. This closing was held in Queens, New York at the offices of the defendants MATTHEW BURSTEIN and AARON RABINOWITZ.

          68.  In or about and between July 2007 and September
2007, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants
MATTHEW BURSTEIN, JOHN CONSTANTINIDES and AARON RABINOWITZ,
together with others, did knowingly and intentionally execute a
scheme and artifice to defraud Wells Fargo, through its
subsidiary, Wells Fargo Home Mortgage, and to obtain moneys,

funds and credits owned by and under the custody and control of

said financial institution by means of materially false and
fraudulent pretenses, representations and promises.

          (Title 18, United States Code, Sections 1344, 2 and
3551 et seq.)

COUNT SIXTEEN
(Bank Fraud -- 81-09 91st Avenue, Woodhaven, New York)

          69.  The allegations contained in paragraphs one
through twenty-four are realleged and incorporated as if set
forth fully in this paragraph.

70. On or about December 5, 2007, a closing was held for a mortgage loan issued by IndyMac, through its subsidiary, IndyMac Mortgage Services and secured by 81-09 91st Avenue, Woodhaven, New York. This closing was held in Queens, New York at the offices of the defendants MATTHEW BURSTEIN and AARON RABINOWITZ.

          71.  In or about and between November 2007 and January
2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants
MATTHEW BURSTEIN and AARON RABINOWITZ, together with others, did
knowingly and intentionally execute a scheme and artifice to
defraud IndyMac, through its subsidiary, IndyMac Mortgage
Services, and to obtain moneys, funds and credits owned by and

under the custody and control of said financial institution by

means of materially false and fraudulent pretenses,
representations and promises.

          (Title 18, United States Code, Sections 1344, 2 and
3551 et seq.)

COUNT SEVENTEEN
(Bank Fraud -- 88-19 77th Street, Woodhaven, New York)

          72.  The allegations contained in paragraphs one
through twenty-four are realleged and incorporated as if set
forth fully in this paragraph.

73. On or about December 28, 2007, a closing was held for a mortgage loan issued by Wells Fargo, through its subsidiary, Wells Fargo Home Mortgage and secured by 88-19 77th Street, Woodhaven. This closing was held in Queens, New York at the offices of the defendants MATTHEW BURSTEIN and AARON RABINOWITZ.

          74.  In or about and between November 2007 and January
2008, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants
MATTHEW BURSTEIN, JOHN CONSTANTINIDES, and AARON RABINOWITZ,
together with others, did knowingly and intentionally execute a
scheme and artifice to defraud Wells Fargo, through its
subsidiary, Wells Fargo Home Mortgage, and to obtain moneys,

funds and credits owned by and under the custody and control of

said financial institution by means of materially false and
fraudulent pretenses, representations and promises. (Title 18, United States Code, Sections 1344, 2 and 3551 et seq.)

COUNT EIGHTEEN
(Wire Fraud -- 80-33 88th Road, Woodhaven, New York)

          75.  The allegations contained in paragraphs one
through twenty-four are realleged and incorporated as if set
forth fully in this paragraph.

          76. On or about March 5, 2009, a closing was held 
for a mortgage loan issued by Lend-Mor and secured by 80-33
88th Road, Woodhaven, New York. This closing was held in 
New York, New York.

          77.  In or about and between December 2008 and March
2009, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendant ROLANDO
E. ROLDAN, together with others, did knowingly and intentionally
devise a scheme and artifice to defraud Lend-Mor, and to obtain
money and property from Lend-Mor by means of materially false and
fraudulent pretenses, representations and promises, and for the
purpose of executing such scheme and artifice, did transmit and
cause to be transmitted, by means of wire communication in
interstate, writings, signs, signals, pictures and sounds, to
wit: a facsimile of a verification of employment form from Lend-

Mor in Valley Stream, New York to Westmore Fuel Company in

Greenwich, Connecticut on February 12, 2009.(Title 18, United States Code, Sections 1343, 2 and

3551 et seq.)

                  CRIMINAL FORFEITURE ALLEGATION
          78.  The United States hereby gives notice to the
defendants that, upon their conviction of any of the above-

charged offenses, the government will seek forfeiture in
accordance with Title 18, United States Code, Section

981(a)(1)(c) and Title 28, United States Code, Section 2461(c),
which require any person convicted of such offenses to forfeit
any property constituting or derived from proceeds obtained
directly or indirectly as a result of such offenses.

          79.  If any of the above-described forfeitable
property, as a result of any act or omission of the defendants:

               (a)  cannot be located upon the exercise of due

diligence;

               (b)  has been transferred or sold to, or deposited
with, a third party;

(c)  has been placed beyond the jurisdiction of
(d)  has been substantially diminished in value;
(e)  has been commingled with other property which

the court; or cannot be divided without difficulty;it is the intent of the United States, pursuant to Title 21,United States Code, Section 853(p), as incorporated by Title 28,United States Code, Section 2461(c), to seek forfeiture of anyother property of the defendants up to the value of theforfeitable property described in this forfeiture allegation.(Title 28, United States Code, Section 2461(c); Title 18, United States Code, Sections 981(a)(1)(c) and 982(a)(2)(A); Title 21, United States Code, Section 853(p))

A TRUE BILL, FOREPERSON

LORETTA E. LYNCH,UNITED STATES ATTORNEY, EASTERN DISTRICT OF NEW YORK