United States v. Soria
| Decision Date | 17 August 2011 |
| Docket Number | Case No. 2:11-cr-00156-LDG-RJJ |
| Parties | UNITED STATES OF AMERICA Plaintiff, v. ALEX P. SORIA Defendant. |
| Court | U.S. District Court — District of Nevada |
This matter is before the Court on the Government's Petition for Action on Conditions of Pretrial Release (#16), filed on July 19, 2011. The Court conducted an evidentiary hearing on the petition on August 11, 2011. The Court now issues its decision and order on the Government's motion that Defendant Soria's pretrial release be revoked and that he be detained pending trial.
The indictment filed on April 20, 2011 charges Defendant Alex P. Soria with wire fraud in violation of 18 U.S.C. §1343, mail fraud in violation of 18 U.S.C. §1341, concealment of information from the Social Security Administration in violation of 42 U.S.C. §408(a)(4), and theft of government property in violation of 18 U.S.C. §641. Indictment (#1). The wire fraud and mail fraud counts are based on the allegations that Defendant fraudulently solicited distressed homeowners to hire him as a mortgage agent to help them obtain financing and assistance through the Hope for Homeowners program and the Troubled Asset Relief Program (TARP). The indictment alleges that Defendant falsely represented to clients that he was employed as a loan officer by a mortgage company and that Defendant concealed the fact that he was not a licensed mortgage agent in Nevada. The indictment also alleges that Defendant falsely represented tohomeowners that they had been pre-qualified for loans. The Defendant allegedly collected thousands of dollars in fees from this alleged fraudulent scheme, while at the same time continuing to collect Social Security Disability Benefits.
Defendant Soria pled not guilty to the indictment on April 21, 2011. He was released from custody subject to Pretrial Services supervision. Among the conditions that the Court imposed on the Defendant was the condition prohibiting him from working in the mortgage industry. Defendant's pretrial release was also subject to the standard condition that he not violate any federal, state or local law while on pretrial release. See Order Setting Conditions of Release (#9). The Pretrial Services officer provided Defendant with a copy of his conditions of release and reviewed in detail with him the requirements of each condition and the potential consequences for noncompliance. Defendant subsequently told the Pretrial Services officer on June 30, 2011 that he was employed as the CEO of Bio Green Tech in Las Vegas, Nevada. Defendant indicated that this business contracts to service grease traps at restaurants and casinos. Defendant also told the Pretrial Services Officer that he was not employed either directly or indirectly in any business involving the mortgage industry.1
The Government called Special Agent Kelly Slade of the Office of Inspector General for Housing and Urban Development (HUD) as a witness at the August 11, 2011 revocation hearing. Agent Slade testified that her duties include the investigation of crimes involving HUD related programs, including FHA mortgage fraud. Agent Slade testified about the circumstances relating to the charges in the indictment against Mr. Soria. She also testified that in December 2009 the Nevada Division of Mortgage Lending issued a cease and desist order to Mr. Soria which prohibited him from engaging in any mortgage lending activity because he is not a licensed mortgage agent in Nevada.
Agent Slade testified that in early July 2011 she was notified by the Assistant Recorder of Clark County, Nevada that Defendant was possibly engaging in unlawful activity relating to deedsof trust. The Assistant Recorder provided Ms. Slade with a list of 25 deeds of full reconveyance on which Defendant Soria was identified as the trustee. All of the deeds of full reconveyance were recorded in June 2011. Agent Slade testified about her discussions with three particular homeowners/ trustors to whom deeds of full reconveyance were issued/delivered by Defendant Soria: Crispulo Cabillo, Pamela A. Cobb and Estrella Elegado. These individuals told Agent Slade that Defendant Soria had provided them with information about a "Zero Mortgage" program or "Mortgage Elimination" program. He told them that for a fee ranging from $1,000 to $2,000 he could create two documents that they would record at the county recorder's office. The first document was an "affidavit of fact" and the second document was "a deed of full reconveyance." Mr. Soria told them that once these documents were recorded, their mortgages would be eliminated. All three individuals told Agent Slade that they paid a fee to Mr. Soria for preparation of the documents. The individuals stated that they had met with Mr. Soria beginning as early as February 2011 and as recently as June 30, 2011. The three individuals met with Defendant Soria at his office located at Bio Green Tech and/or at his residence which Agent Slade testified is owned by Sonia Rodis.
The Government introduced copies of five deeds of full reconveyance, all of which state as follows:
Alex P. Soria, Trustee under Deed of Trust mentioned below, having duly requested in writing to make this reconveyance by reason of satisfaction of the obligation secured by said Deed of Trust, does hereby quitclaim and reconvey to the person(s) legally entitled thereto, but without warranty, express or implied, all of the property covered by said Deed of Trust.
Government's Exhibit 2.
Three of the deeds of full reconveyance were issued/delivered to Crispulo T. and Marietta A. Cabillo. Mortgage Electronic Registration Systems, Inc. ("MERS") was listed as beneficiary on two of the deeds of trust and Federal Savings Bank was listed as the beneficiary on the third. Two of the deeds of full reconveyance to the Cabillos were signed by Mr. Soria on June 24, 2011 and were recorded that day. The third deed of full reconveyance to the Cabillos was signed by Mr. Soria on February 11, 2011, but was not recorded until June 24, 2011. Id. A fourth deed of fullreconveyance was issued/delivered to Pamela A. Cobb and listed Home American Mortgage Corporation as the beneficiary. This deed of full reconveyance was signed by Mr. Soria on June 29, 2011 and was recorded on June 30, 2011. The fifth deed of full reconveyance was issued/delivered to Estrella Elegado and listed MERS as the beneficiary. This deed of full reconveyance was also signed by Mr. Soria on June 29, 2011 and recorded on June 30, 2011. Id.
Agent Slade testified that Mr. Cabillo also provided her with a partially completed "Simple Demand Promissory Note" form which bears the signature of Alex P. Soria as "lender." The amount of the note is $15,000. The note is not dated, however, and does not contain the name or signature of the "borrower." Exhibit 2. Mr. Cabillo told Agent Slade that he received this promissory note from Alex P. Soria. Mr. Elegado and Ms. Cobb also told Agent Slade that Mr. Soria provided them with similar promissory notes. All three individuals told Agent Slade that they paid Mr. Soria between $1,000 and $2,000 for the "affidavit of fact" and the deeds of full reconveyance and that they were supposed to pay Mr. Soria between $10,000 and $15,000 once the deeds of full reconveyance were recorded. Estrella Elegado also told Agent Slade that he attended a program given by Mr. Soria regarding the "Zero Mortgage" program. He stated that he believed more than a hundred persons attended the program.
Agent Slade testified that Mr. Cabillo, Mr. Elegado and Ms. Cobb also told her that they had met with Mr. Soria at the Bio Green Tech office in regard to the elimination of their mortgage obligations. Through the Nevada Secretary of State's records, Agent Slade determined that Sonia Rodis is the manager of Bio Green Tech, LLC. Agent Slade went to Bio Green Tech's office on July 7, 2011 to interview Hans Johns who notarized most of the deeds of full reconveyance. While at the office, Agent Slade observed clients come in and request to meet with Mr. Soria or Sonia Rodis. Two clients asked the receptionist to deliver mortgage paperwork to Mr. Soria after they were informed that he was not in the office. Mr. Johns confirmed to Agent Slade that he notarized Mr. Soria's and Sonia Rodis' signatures on the affidavits of fact or deeds of full reconveyance and stated that they were always physically present when he notarized their signatures.
Agent Slade testified that she arrested Mr. Soria at the Bio Green Tech office on July 20, 2011. Ms. Rodis was also in the office when the arrest was made. Mr. Soria's wallet was takenfrom him following his arrest. Eight checks were found in Mr. Soria's wallet which were made payable to Bio Green Tech, LLC. A ninth check was made payable to Alex Soria. All but one of the checks were dated in July 2011. One check was dated "8 30-11". The checks were in amounts ranging from $400 to $2,065. Government's Exhibit 1. Agent Slade testified that Mr. Soria told her that these checks were from clients of his "Mortgage Elimination" program. Mr. Soria also told Agent Slade that he had successfully eliminated the mortgage on Sonia Rodis's home by using this "Zero Mortgage" or "Mortgage Elimination" program. Mr. Soria stated, however, that the lender had not agreed with or acknowledged the paperwork that he had recorded.
Mr. Soria made his initial court appearance on the petition to revoke his pretrial release on July 21, 2011. Magistrate Judge Leavitt ordered that Mr. Soria be released from custody pending the revocation hearing, subject to the additional condition of home incarceration at his daughter's residence. Prior to July 21st, Mr. Soria resided either with his daughter or with Sonia Rodis. Following Mr. Soria's release on July 21, 2011, the Government conducted surveillance or other investigation to determine whether Mr. Soria was violating the conditions of pretrial...
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