TRENTON
- Attorney General Peter C. Harvey announced
that the Division
of Criminal Justice - Major Financial
Crimes Bureau has obtained a State Grand
Jury indictment charging a Bergen County
attorney and two others with conspiring
to steal more than $198,000 as part
of a Hudson County mortgage fraud.
According
to Vaughn L. McKoy, Director, Division
of Criminal Justice, Marnin Rand, 45,
Lenox Drive, Fair Lawn, Bergen County,
Jeffrey Riedl, Esq., 56, Park Avenue,
Midland Park, Bergen County, and Dwayne
Baskerville, 45, Fremont Street, Jersey
City, Hudson County, were charged by
the Division of Criminal Justice with
conspiracy and theft by deception (2nd
degree). If convicted, each of the defendants
faces up to 20 years in state prison
and a fine of up to $300,000.
The
indictment alleges that, between Feb.
1 and Dec. 7, 1999, Rand acquired two
Jersey City foreclosure properties -
190 Arlington Ave. and 91A Arlington
Ave - from a Hudson County Sheriff's
sale. The indictment charged that Baskerville
provided copies of two Treasurer's checks
to Delta Funding in support of mortgage
applications to buy the properties.
The indictment alleges that Baskerville
claimed the down payment monies were
provided by his mother as a gift. Delta
Funding subsequently approved the mortgage
financing based on the treasurer checks
and information provided by Baskerville
-- $110,400 for the 190 Arlington Ave.
property and $88,000 for the 91A Arlington
Ave. property.
An
investigation by the Division of Criminal
Justice determined that Riedl improperly
used checks from his Attorney Trust
Account to finance the purchase of the
two properties. The checks, made out
to Marnin Rand in the amount of $23,604
and $28,220, were dated Dec. 2 and cashed
the next day. Coincidentally, the two
Treasurer checks were made out for the
same amount of money and were payable
to Baskerville. The checks were subsequently
deposited back into Riedl's Attorney
Trust Account and the copies were provided
to Delta Funding.
The
closings for both properties occurred
at Riedl's law office on Dec. 7. Reidl
acted as the attorney for both Baskerville
and Rand. While the closing documents
reflect the source of Baskerville's
down payments as a gift from his mother,
the investigation determined that the
source of the funds originated from
Riedl's Attorney Trust Account.
State
Investigator David Nolan and Deputy
Attorney Patrick Flor were assigned
to the investigation. DAG Flor represented
the Division of Criminal Justice before
the State Grand Jury. Division
of Consumer Affairs (DCA) Supervising
Investigator Jennifer Micco assisted
in the investigation. The DCA referred
the investigation to the Division of
Criminal Justice and assisted in the
case.
An
indictment is merely an accusation.
The defendants are presumed innocent
unless or until proven guilty in a court
of law.
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