The Real Estate Fix-up and Disclosure Fraud Scheme > Introduction
The Real Estate Fix-up and Disclosure Fraud Scheme > Introduction
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Introduction to the Scheme and the Participants
Introduction to the Scheme and the Participants
This Real Estate Fix-up and Disclosure Fraud Scheme was participated in by 6 individuals who worked together in a Criminal Conspiracy to "fix-up and sell" a home for more than it was worth.
A $900,000 home was sold with $200,000 in concealed defects and fraudulent misrepresentations.
Had all facts been known at time of Contract Creation and/or close of escrow, the home would have been deemed non-livable. Traditional Fannie/Freddie Financing would not have been extended for it.
This Scheme was conceptualized and executed by the Seller's Agent, who then introduced TWO Contractors to Conceal Defects and TWO Pre-Sale Home Inspectors who produced non-bon-a-fide reports . That work concealed and under reported defects to make the home appear livable, when in fact, it was not remotely livable.
Occupying a home with concealed mold, explosion hazards, and buried structural defects did not make it "livable".
They made it something we had to do until we could make things right.
The Level 1 Participants in this scheme are listed to the right in order of Responsibility for the Conceptualization, Organization and Management of the scheme. This is the order that also generally aligns with the Responsibility and/or Contribution each made via Fraud, Gross Negligence , and Misrepresentation as well.
Ordered by Level of Overall Responsibility...
Kent Weinstein - The Seller's Agent aka "The Fixer"
Micah Forstein - The Seller
John Chatters - General Contractor
David Woodbury - Painting Contractor
Robert Vierra & Son - Home Inspectors
Alex Carriaga - Termite Inspector
By far, the most dangerous person in this group from a Consumer Fraud perspective is in fact Robert Vierra and his Son . Ironically, they are the only Paid Professionals involved in this scheme with no State Licensing Requirement or direct Oversight Control.. For Vierra and his son to make a good living, they may do 2 to 4 inspections a day if not more. In the report provided to us, they omitted proper reference to $50,000+ in property defects or concerns that any novice and sincere inspector would have called out with ease. Some of those included serious fire and explosion hazards that no experienced Inspector should ever miss , suggesting intention in the deviance. Of greater concern is the fact that it's easy to prove they actually fabricated facts to suggest conditions which did and did not exist, and they used method of reporting and prose for intentional confusion. The situation exposed by Vierra and his Son is a story unto itself. You can expand this now for a greater introduction to that, but then please stay focused on the transaction specific details until those are resolved first.
If the report they created is used as a template for their potential for fraud, these two individuals have the ability to assist with the obfuscation and/or concealment of $100,000 to $200,000 or more PER DAY. That would be $50 MILLION+ per year in contributions they could make to "smoothing out" real estate transactions, no matter if they are employed by the sellers or the buyers. They are the only ones here who have the full power of the Pen, like Bankers, and they are the only ones without Oversight. That's what makes them so dangerous. All the other individuals have to work far harder and far longer to find opportunities that might encourage them to commit fraud. That is built into Vierra and Son's daily business, and unfortunately, committing fraud in this way is a requirement for home inspectors to gain repeat referrals from Brokers and Agents. This exposes a systemic mis-alignment between professionals and the work others thought they would do and it should be discussed in detail after this specific situation is resolved.
These Level 1 Participants need to be aggressively investigated for Criminal Activity in the following order...
John Chatters - General Contractor
David Woodbury - Painting Contractor
Kent Weinstein && Micah Forstein - Seller's Agent and Seller
Alex Carriaga - Termite Inspector
Robert Vierra & Son - Home Inspectors
This order utilizes the facts that exist to convict the Contractors with ease.
Confessions from them to avoid fully wasted and useless legal fees will require the others below them to Confess to avoid the same.
With this simple approach to this investigation, this individual Scheme is exposed, as are far larger Consumer Protection issues in multiple, related industries and numerous State Oversight Agencies.
I have numerous visuals to help with identifying the different participants and the overlapping frauds.
However, it is far easier to skim these for now and just start focusing on the Fraud one person at a time, in the order presented, until the more complex diagrams can be used as a summary tool for conversation.
Thank you in advance for your support with this situation.
Our goal is to obtain justice for ourselves as well as to create a better playing field for ourselves and all others who seek to purchase real estate in California in the future.
Please contact me with questions . Email is my preferred method of communication for new conversations.
Bryan
bryan@bryancanary.com
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