[Search for users] [Overall Top Noters] [List of all Conferences] [Download this site]

Conference 7.286::dcu

Title:DCU
Notice:1996 BoD Election results in 1004
Moderator:CPEEDY::BRADLEY
Created:Sat Feb 07 1987
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:1041
Total number of notes:18759

605.0. "43-count indictment" by SAFINA::KENNARD (Controlled flight into terrain...) Tue Sep 22 1992 17:23

 
	BOSTON (UPI) -- Four Massachusetts men have been charged in a real
estate loan fraud of more than $30 million involving a Cape Cod bank.
	Federal prosecutors said Tuesday the conspiracy and fraud charges are
connected to the collapse of the Barnstable Community Federal Credit
Union, formerly located at Hyannis, Mass.
	U.S. Attorney A. John Pappalardo identified the suspects as 47-year-
old Richard Mangone of Norwell, 58-year-old attorney Robert Cohen of
Newton, 48-year-old Ambrose Devaney of Rockport, and 50-year-old James
Smith of Barnstable.
	They were named by a federal grand jury in a 43-count indictment
charging conspiracy, bank fraud, unlawful receipt by bank officers and
employees, and money laundering.
	Pappalardo said the charges stem from schemes to obtain real estate
loans from Barnstable Credit Union and the Digital Employee's Federal
Credit Union, located in Maynard.
	Mangone and Smith were officers of the Barnstable Credit Union and
Cohen was an attorney who prepared documents and conducted loan closings
for the facility.
	In addition, Mangone was president of the Digital Credit Union and
Cohen was on the supervisory committee of Digital Credit Union. Devaney
was a real estate developer who participated with Mangone and Smith in
numerous trusts and partnership arrangements through which real estate
loans were obtained. He also allegedly shared proceeds from the loans
with Smith and Mangone.
	The indictment alleges that from 1985 until the Barnstable Credit
Union was declared insolvent and placed under conservatorship... the
defendants created various real estate trusts in order for Mangone,
Smith and Devaney to obtain multi-million dollar loans for purported
real estate developments on Cape Cod and in Rhode Island and Maine.

    
T.RTitleUserPersonal
Name
DateLines
605.1See 604.2 (beat you by 2 minutes!)MIPSBX::thomasThe Code WarriorTue Sep 22 1992 17:240
605.2Globe article on the indictmentESBLAB::KINZELMANTwo Terms, 1 in office, 1 in jailWed Sep 23 1992 12:2187
	4 indicted in fraud of credit Union
		By John H. Kennedy
         The Boston Globe, Sept 23, 1992, page 69

Four men were indicted yesterday on charges they contributed to the
nation's second largest credit union fraud that thrust the Barnstable
Community Federal Credit Union into insolvency last year.

US Attorney A. John Pappalardo announced the indictments of two former
credit union directors, a lawyer that counseled the institution and a
developer. All four men pleaded innocent yesterday in US District
Court in Boston.

From 1985 until the credit union was declared insolvent last year, the
men allegedly engaged in schemes that defrauded the credit union out
of more than $30 million through multimillion dollar loans from the
Barnstable credit union and the Digital Employees Federal Credit Union
based in Maynard.

Federal regulators allege in a separate civil lawsuit that the fraud
amounts to $47 million, and said insiders treated the Hyannis-based
institution as their own private piggy bank.

Assistant US Attorney Victor A. Wild, a prosecutor in the case, said
the Barnstable case was the country's second largest credit union
fraud and the largest one that, involved real estate fraud."

The investigation continues and "we expect to present additional
matters to the grand jury including additional individuals," Wild
said.

Arrested by the FBI in Boston and on Cape Cod were Richard D. Mangone,
48, of Norwell, the first chairman of the Barnsable credit union and
the former president of the Digital credit union; James K.  Smith, 50,
of Barnstable, a Cape Cod builder and former vice chairman at
Barnstable; Robert Cohen, 58, of Newton, a lawyer who counseled
Barnstable credit union officials; and Ambrose L. Devaney, 48, of
Rockport, a real estate broker and investor.

All four men were charged with bank fraud, conspiracy, money
laundering and unlawful receipt by a bank officer. They were released
by US Magistrate Lawrence P. Cohen on $50,000 unsecured bond each. The
government had requested $500,000 bond.

The 43-count indictment centers on about 17 loans in which the Digital
Employees Federal Credit Union with Mangone as president, approved
loan partiapation agreements and provided as much as 90 percent of the
money on loans processed and serviced by Barnstable, according to
court documents.

Mangone, Smith and Devaney are accused of using "straw" borrowers and
fraudulently disguising their ownership interest in real estate trusts
set up to apply for the loans.  Cohen prepared documents and performed
closings for the credit union, authorities said.

The loans, gained through phoney purchase and sale agreements and
bogus financial statements, were often obtained in amounts far
exceeding the actual price paid for the real estate, the indictment
said. Smith and Magone, accused of controlling the lending at
Barnstable, jointly obtained property with other partners, the
indicment said. The properties were often "sold" again to new trusts
the men controlled, effectively meaning Smith, Mangone and Devaney
continued to obtain larger loan funds on the same properties, officials
said.

Two other credit union insiders not named in the indictment but
described in the civil suit as helping defraud the Barnstable credit
union were Michael D. O'Neil, a lawyer and former chairman and Bruce
N.  Harris, former chairman of the credit union.  The civil suit filed
last year in federal court in Boston by the National Credit Union
Administration, did not name Devaney as a defendent.

Three of the four men arrested declined comment. Cohen's lawyer, Jack
Zalkind, said the govemment will "never show he knowingly and
willingly" engaged in criminal activity.

Robert George, a lawyer for O'Neil, who was not among those indicted
yesterday, said his client's position "now and always will be he
wasn't involved in any wrongdoing at the credit union."

Deposits at Barnstable credit were insured up to $100,000 per account
by an industry-funded program and no depositors were believed to have
lost money as a result of the alleged scam.

The Digital credit union which fired Mangone in April 1991, is
financialy healthy despite the alleged fraud a lawyer for the credit
union said.
605.3More official releaseESBLAB::KINZELMANTwo Terms, 1 in office, 1 in jailFri Oct 09 1992 16:30107
This is from an internal Digital memo based on the original press
release from the US District Attorney's Office.

Author:	DCU                           
Date:	08-Oct-1992
Posted-date: 09-Oct-1992
Subject: news release                                                            

     					             Boston, MA
     					             September 22, 1992

                              NEWS RELEASE

     "Thomas A. Hughes, Special Agent in charge of the Boston office of 
the Federal Bureau of Investigation (FBI) and Kenneth Claunch, Chief 
Criminal Investigator, Internal Revenue Service (IRS), Criminal 
Investigation Division, announced today the arrests of four men on 
charges relating to a scheme to defraud the Barnstable Community Federal 
Credit Union (BCCU) and the Digital Employees' Federal Credit Union 
(DEFCU).
     James Smith, age 50, 65 Chole Ct., Barnstable, MA; Richard D. 
Mangone, age 47, 273 River St., Norwell, MA; Ambrose L. Devaney, age 48, 
1 Holbrook Ct., Rockport, MA; and Robert Cohen, age 58, 49 Rowena Rd., 
Newton, MA were arrested this morning by FBI and IRS agents.  The 
arrests were without incident.  The four men were named in each of the 
43 counts of an indictment returned by a Federal Grand Jury at Boston, 
MA on September 21, 1992.  The indictment charges the men with 
conspiracy, bank fraud, money laundering, and the unlawful receipt of 
money or other benefit by an officer or employee of a federally insured 
credit union where that person participated in a transaction with an 
intent to defraud the institution.  All of the charges relate to the 
scheme to defraud BCCU and DEFCU.
     The indictment charges that the men participated in a scheme from 
1982 to 1991 which resulted in a loss to BCCU in excess of $30 million.  
Evidence of the fraud was uncovered after the National Credit Union 
Administration (NCUA) declared BCCU insolvent and placed it under 
conservatorship on March 13, 1991.
     According to the indictment, Smith was a co-founder of BCCU, an 
owner of Sands Realty, Inc., and a real estate developer.  At various 
times at BCCU, he was vice-chairman of the Board of Directors, a vice-
president, and assistant financial officer.  Mangone was a co-founder of 
BCCU, a Certified Public Accountant, and president of DEFCU from 1983 to 
1991.  Mangone served as chairman of BCCU's Board of Directors, and as 
secretary and treasurer of BCCU.  Devaney was a real estate broker and 
investor.  Cohen is an attorney with offices in Boston and Wellesley, 
MA.  From 1985 to 1986, Cohen was a member of the Supervisory Committee 
of DEFCU.
     It is charged that the object of the conspiracy was for Smith, 
Mangone, and Devaney to use BCCU and DEFCU to finance their own personal 
real estate investments, obtain loans in excess of the amount they 
actually spent on their real estate deals; and use their real estate 
ventures to generate large tax losses to reduce their taxes.  Cohen got 
legal fees for his role in perpetrating the scheme, including fees for 
services as closing attorney for the real estate transactions.  Cohen 
also set up a series of `nominee trusts' and `realty trusts' which 
Smith, Mangone, and Devaney used to buy and sell properties and obtain 
loans.  These `nominee' or `realty' trusts are a form of ownership in 
Massachusetts in which the name of a trustee rather than the true owner 
is used in public records.

     The indictment charges that Mangone and Smith exerted influence and 
control over BCCU in particular regarding the approval of major loan 
applications.  Cohen provided documentation to BCCU and DEFCU prepared 
in such a way to conceal from BCCU and DEFCU the fact that Smith, 
Mangone, and Devaney were the true borrowers in loans totaling millions 
of dollars.  Cohen used client accounts and law firm accounts as a 
conduit to transfer proceeds from fraudulently obtained loans from BCCU 
and DEFCU into accounts controlled by Smith, Mangone and Devaney.
     Some of the real estate loans were too large for BCCU to fund 
itself and it is alleged that Mangone exerted influence on DEFCU to 
cause DEFCU to enter into `loan participation agreements' with BCCU.  
Under the `loan participation agreements', DEFCU provided as much as 90 
percent of the money loaned and relied on BCCU to process and service 
the loans.  It is alleged that the conspirators set up eighteen 
different fictitious real estate trusts to act as the `borrowers' on the 
loans.  As part of the scheme, it is charged that fraudulent 
documentation was prepared disguising the true identity of the owners of 
the trusts, the valuations of properties, and the true amounts of loans 
going to individual borrowers.  The defendants also used people as 
trustees who did not have the financial resources to support the large 
loans.  Fictitious financial statements were prepared and submitted to 
BCCU overstating the resources of these trustees.  Fraudulent 
Certificates of Deposit (CDs) were opened in the name of the trustees to 
show financial resources when in fact the defendants and not the 
trustees owned the account.  The defendants are also charged with making 
multiple money laundering transactions to disguise the origins of the 
criminally obtained loan proceeds.  The money from the fraudulent loans 
was shifted into the various accounts controlled by the defendants.
     The four men are to be afforded a hearing in U.S. District Court in 
Boston today.  If convicted, the maximum penalty for conspiracy is 5 
years imprisonment and/or a $250,000 fine; money laundering is 10 years 
imprisonment and/or a fine of $250,000 or an amount of twice the amount 
of the illegal transaction; unlawful receipt by an officer and employee 
of a federally insured credit union is 5 years and/or a $10,000 fine; 
bank fraud is 5 years and/or $10,000 fine.  (For both bank fraud and 
unlawful receipt, the penalties for offenses after August 9, 1989 are 20 
years and/or $1,000,000 fines.)  The indictment and arrests follow an 18 
month joint investigation by the IRS and FBI.  The investigation into 
this matter is continuing.  The case is being prosecuted by the U.S. 
Attorney's office in Boston.

                                CHARGES

 1 count	conspiracy		18 U.S. Code, Section 371
18 counts	bank fraud		18 U.S. Code, Section 1344
17 counts	unlawful receipt	18 U.S. code, Section 1006
 7 counts	money laundering	18 U.S. code, Section 1957"
605.4TOMK::KRUPINSKIRepeal the 16th Amendment!Fri Oct 09 1992 17:326
>This is from an internal Digital memo based on the original press
>release from the US District Attorney's Office.

		From Digital, rather from the DEFCU?

				Tom_K
605.5DCU is an employee benifit remember? :-)CVG::THOMPSONRadical CentralistFri Oct 09 1992 17:399
>>This is from an internal Digital memo based on the original press
>>release from the US District Attorney's Office.
>
>		From Digital, rather from the DEFCU?
    
    The memo itself says Author: DCU  Perhaps Paul made a Freudian slip?
    :-)
    
    			Alfred
605.6no slip (this time :-)ESBLAB::KINZELMANTwo Terms, 1 in office, 1 in jailFri Oct 09 1992 17:494
Yes, this memo originated within Digital based on the official press
release from the DA's office, in fact, it may *be* the official press
release, I'm not quite sure. In any event, DCU suggested I post it
because it's a little more official than the Globe article.