17-60173-cr-cohn/seltzer -...

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No.

18 U.S.C. j 134918 U.S.C. j 981(a)(1)(C)

UNITED STATES OF AM ERICA,

V.

JOSEPH ANTON HILTON,

a/k/a Rloseph Starr,''

a/k/a Rloseph Yurkinr'' and

M )%M FORM AN,

Defendants.

/

INFORM ATION

The Acting United States Attorney charges that:

GENERAL ALLEGATIONS

At various times relevant to this Inform ation:

Liberty Law Group, P.A., was a Florida corporation with its principal place of

business listed as 1489 W . Palm etto Park Road, Suite 425, Boca Raton, Florida, and was

purportedly doing business in Florida as a law finn or legal refen'al service specializing in

foreclosure defense and m ortgage loan modification. In the corporate documents of Liberty Law

Group, P.A., an unindicted co-conspirator (6ro-conspirator 1'9) was listed as the incorporator.

Galler Lehman Law, P.A., was a Florida com oration with its principal place of

business listed as 3921 N.W . 126th Avenue, Coral Springs, Florida, and was purportedly doing

business in Florida as a 1aw tirm or legal referral service specializing in foreclosure defense and

m ortgage loan modification. ln the corporate documents of Galler Lehm an Law, P.A., Co-

17-60173-CR-COHN/SELTZER

Jul 24, 2017

SLCase 0:17-cr-60173-JIC Document 1 Entered on FLSD Docket 07/25/2017 of 12

Conspirator 1 w as listed as an ofticer or director, and ADAM FO RM AN was listed as a

representative.

Consum er Legal Advocates, lnc. was a Florida corporation with its principal place

of business listed as 3921 N .W . 126th Avenue, Coral Springs, Florida, and was pup ortedly doing

business in Florida as a law finn or legal referral service specializing in foreclosure defense and

m ortgage loan m oditkation.

Consumer Legal Advocates II, LLC was a Florida corporation with its principal

place of business listed as 3921 N .W . 126th Avenue, Coral Springs, Florida, and was purportedly

doing business in Florida as a law tirm or legal refenul service specializing in foreclosure defense

and m ortgage loan m odification.

The Asset Protection Law Finn, P.A ., was a Florida corporation with its principal

place of business listed as 3921 N .W . 126th Avenue, Coral Springs, Florida, and was purportedly

doing business in Florida as a law filnn or legal referral service specializing in foreclosure defense

and m ortgage loan m odification. In the corporate documents of A sset Protection Law Firm , P.A.,

JO SEPH ANTO N H ILTON, using the name Joseph Stam was listed as the incorporator.

The Asset Protection Law Group, P.A., was a Florida corporation with its principal

place of business listed as 3921 NW 126th Avenue, Coral Springs, Florida, and was purportedly

doing business in Florida as a law firm or legal referral service specializing in foreclosure defense

and mortgage loan modification. ln the corporate documents of Asset Protection Law Group, P.A.,

A1:%M FO RM AN was listed as an officer or director, and JOSEPH ANTON HILTON, using

the nam e Joseph Stam was listed as the incop orator.

Oracle M arketing Co. was a Florida corporation with its principal place of business

Case 0:17-cr-60173-JIC Document 1 Entered on FLSD Docket 07/25/2017 of 12

listed as 3921 N.W . 126th Avenue, Coral Springs, Florida, and was purportedly doing business in

Florida as a m arketing company for foreclosure defense and m ortgage loan modification finns. ln

the corporate documents of Oracle M arketing Co., JOSEPH ANTO N H ILTO N was listed as an

officer or director and as a registered agent.

8. Consum er Legal Resources of Florida, LLC was a Florida corporation with its

principal place of business listed as 392 1 N .W . 126th Avenue, Coral Springs, Florida, and was

purportedly doing business in Florida as a law firm or legal referral service specializing in

foreclosure defense and m ortgage loan modification. In the corporate docum ents of Consum er

Legal Resources of Florida, LLC, JOSEPH ANTO N HILTO N was listed as a registered agent

and representative.

Legal Refenul Services of Florida 1l, LLC was a Florida corporation with its

principal place of business listed as 509 1 Palmbrooke Circle, W est Palm Beach, Florida, and was

purportedly doing business in Florida as a law finn or legal referral service specializing in

forecloslzre defense and m ortgage loan m odification. ln the corporate documents of Legal Referral

Services of Florida 1l, LLC, JOSEPH A NTO N H ILTON was listed as a registered agent and

representative.

Business Administration Grow th, LLC was a Florida corporation with its principal

place of business listed as 1489 W . Palmetto Park Road, Suite 425, Boca Raton, Florida, and was

pup ortedly doing business in Florida providing support services for 1aw finns or legal referral

services specializing in foreclosure defense and m ortgage loan m odification. In the corporate

documents of Business Administration Growth, LLC, A DAM FORM AN was listed as a

registered agent and Co-conspirator 1 and JO SEPH ANTON H ILTON were listed as


representatives.

JOSEPH ANTO N H ILTON, a/k/a Gloseph Starr,'' a/k/a M oseph Yurltin,'g a

resident of Palm Beach County, Florida, was a manager at the above-referenced entities (hereaRer

collectively referred to as the ''Foreclosure Firms'').

12. ADAM FORM AN, a resident of Broward County, Florida, was employed at the

Foreclosure Firms.

COUNT 1

Conspiracy To Com mit W ire Fraud

(18 U.S.C. j 1349)

13. Paragraphs 1-12 of the General Allegations section of this Infonnation are realleged

and incorporated fully herein by reference.

14. From in or around September 2013, and continuing tllrough on or about August 18,

2016, in Palm Beach and Broward Counties, in the Southern Distlict of Florida and elsewhere, the

defendants,

JOSEPH ANTON HILTO N,a/k/a Rloseph Starr,''

a/k/a O oseph YurkinrM

and

ADAM FORM AN,

did willfully, that is, with the intent to further the object of the conspiracy, and knowingly combine,

conspire, confederate and agree with others known and unknown to the Grand Jury, to knowingly

and with intent to defraud, devise and intend to devise a schem e and artifice to defraud, and to

obtain m oney and property by m eans of matelially false and fraudulent pretenses, representations,

and prom ises, knowing that the pretenses, representations, and prom ises were false and fraudulent

when m ade, and, for the purpose of executing the schem e and artifice, did knowingly transm it and

4


cause to be transmitted, by means of wire com munication in interstate comm erce, certain writings,

signs, signals, pictures and sounds, in violation of Title 18, United States Code, Section 1343.

PURPO SE O F TH E CONSPIM CY

It was the purpose of the conspiracy for the defendants and their co-conspirators to

unlawfully enrich them selves by obtaining and m isappropriating money from clients of the

and fraudulent representations, and by theForeclosure Finns by m aking m aterially false

concealment of m atelial facts, concerning, am ong other things, the selwices to be provided by the

Foreclosure Firm s and the identities of the individuals who would be providing those services.

M ANNER AND M EANS O F THE CONSPIM CY

The naanner and m eans by which the defendant and his co-conspirators sought to

accomplish the object and purpose of the conspiracy included, among other things, the following:

Co-conspirator JOSEPH ANTON HILTON, and ADAM FORM AN

contacted individual mortgage holders, by phone and by em ail, and falsely and fraudulently

advised them that the Foreclosure Firm s could provide legal assistance with mortgage

m odifications and foreclosure defense.

JOSEPH ANTON HILTON and ADAM FO RM AN later hired telemarketers to

contact individual mortgage holders, by phone and by em ail, and falsely and fraudulently advise

them that the Foreclosure Firms could provide legal assistance with m ortgage m oditications and

foreclosure defense.

18. Co-conspirator 1, JO SEPH ANTON H ILTON, and ADAM FO RM AN, directly

and through telem arketers, m ade false and fraudulent representations to the m ortgage holders,

including, among other things, (i) that the Foreclosure Firms were 1aw firms comprised of licensed


attorneys, (ii) that the attomeys were experienced and highly skilled at halting the foreclosure

process and enabling mortgage holders to stay in their homes, and (iii) that the attomeys could

reduce the principal and m onthly paym ents on the mortgage holders' loans.

19. ln order to disguise the Foreclosure Firm s as law firm s with licensed attorneys, Co-

Conspirator 1 and JOSEPH ANTO N H ILTO N hired attorneys for lim ited purposes, such as

document review, without advising them of the false and fraudulent statements being made to the

m ortgage holders by, and at the direction of, Conspirator 1, HILTON, and ADAM FORM AN.

Co-conspirator JO SEPH ANTO N HILTON, and ADAM FO RM M

instruded em ployees of the Foreclosure Firms to create letters and legal pleadings using the

attorneys' nam es and, in som e cases,

knowledge or consent.

Florida Bar numbers,without the attorneys' review,

Co-conspirator 1, JOSEPH ANTON H ILTON, and ADAM FORM AN obtained,

and direded the telemarketers to obtain, the mortgage holders' bank account information, in order

to withdraw payments and fees for the purported legal services.

22. Co-conspirator JOSEPH ANTO N HILTO N, and ADAM FORM AN

withdrew the paym ents and fees from the mortgage holders' balzk accounts, and deposited the

funds into bank accounts controlled by Co-conspirator 1, H ILTON, and FO RM AN.

Co-conspirator 1, JOSEPH ANTON HILTON, and ADAM FORM AN used the

proceeds of the fraud for their own benefit, and the benefit of others, and to further the fraud.

All in violation of Title 18, United States Code, Section l 349.

6


FO RFEITURE ALLEGATIONS

The allegations of this Information are re-alleged and by this reference fully

incop orated herein for the purpose of alleging clim inal forfeiture to the United States of America

of certain property in which the defendants, JOSEPH ANTO N HILTON and ADAM

FO RM AN, have an interest.

Upon conviction of the violation alleged in this Inform ation, the defendants shall

forfeit to the United States of America anyproperty real or personal, which constitutes or is derived

from proceeds traceable to the offense of conviction or the conspiracy to comm it such offense,

pursuant to Title 18, United States Code, Section 98 1(a)(1)(C).

All pursuant to Title 18, United States Code, Section 98 1(a)(1)(C), as made applicable by

Title 28, United States Code, Section 2461(c), and the procedures set forth in Title 2 1, United

States Code, Section 853.

! u .W ïNBENJAM W G

.GREENBERG

ACTW G UNITED STATES ATTORNEY

ROB JU N

AS STA 1 ED STATES ATTORNEY


UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA

UM TED STATES OF AM ERICA

V:.

JOSEPH ANTON HILTON, a/ka O oseph Stam ''a/k/a N oseph Yurkim'' and ADAM FO ,

Defendants./

Court Division: (select one)

s4ianaiX FTL

CASE NO.

CERTIFICATE OF TRTAT. ATTORNEY*

Key W estW PB FTP

Superseding Case lnformation:

New Defendantts) Yes NoNumber of New DefendantsTotal number of counts

I do hereby certify that:

l have carefully considered the allegations of the indictment, the number of defendants, the numberof probable witnesses and the legal complexities of the lndictment/lnformation attached hereto.

l am aFare that the information supplied on this statement will be relied upon by the Judges of thisCourt ln setting their calrndars and scheduling criminal trials under the mandate of the Speedy TrialAct, Tltle 28 U.S.C. Sectlon 3161.

lnterpreter: (Yes or No)language and/or dialectList

This case will take 0

No

days for the parties to try.4.

Please check appropriate category and type of offense listed below:

(Check only one)

0 to 5 days6 to 10 daysl l to 20 days2 1 to 60 days6 1 days and over

l1111IIVV

6. Has this case been previously filed in this District Court? (Yes or No) Nolf yes:Judge: Case No.(Attach copy of dispositive order)Has a complaint been filed in this matter? (Yes or No) NoIf yes:M agistrate Case No.Related M iscellaneous numbers:

Defendantts) in federal custody as ofDefendantts) in state custody as ofRule 20 from the District of

Is this a potential death penalty case? (Yes or No) --%N

(Check only one)

PettyM inorM isdem.Felony

X

X

Does this case originate from a matter pending in the Northern Region of the U.S. Attorney's Officeprior to October l4, 2003? Yes No X

Dpes this case originate from a matter pending in the Central Region of the U.S. Attorney's Ofticeprlor to September 1, 2007? Yes No X

ROBERT 'ASSIST T TED STATES ATTORNEYCOURT :3 0.A5502228

*penalty Sheetts) attached Rsv 4/8/08

8.


UNITED STATES DISTRICT CO URTSOUTHERN DISTRICT OF FLORIDA

PENALTY SH EET

Defendant's Nam e: JOSEPH ANTON HILTON

Case No:

Count //:1

Conspiracy to Comm it W ire Fraud

Title 18, United States Code, Section 1349

*M ax. Penalty: 20 Years' Im prisonm ent

eRefers only to possible term of incarceration, does not include possible fines, restitution,

special assessm ents, parole term s, or forfeitures that m ay be applicable.


UNITED STATES DISTRICT COURT

SO UTH ERN DISTRICT OF FLORIDA

PENALTY SH EET

Defendant's Nam e: ADAM FORM AN

Case No:

Count #: 1

Conspiracy to Comm it W ire Fraud

Title 1 8, United States Code, Section 1349

*M ax. Penalty: 20 Years' Im prisonm ent

*Refers only to possible term of incarceration, does not include possible fines, restitution,

special assessm ents, parole term s, or forfeitures that m ay be applicable.


AO 455 (Rev. 01/09) Waiver of an Indictment

U NITED STATES D ISTRICT COURTfor the

Southern District of Florida

United States of Am erica

V.

JOSEPH ANTON HILTON, alèla ''Joseph Starr,''a/k/a ''Joseph Yurkin,''

Defendant

Case No.

W AIVER OF AN INDICTM ENT

l understand that 1 have been accused of one or more offenses punishable by imprisonment for more than oneyear. l was advised in open court of my rights and the nature of the proposed charges against me.

After receiving this advice, l waive my right to prosecution by indictment and consent to prosecution by

information.

Date :

- CHAD MASON,ESQ.Printed name ofdefendant 's attorney

BARRY L. GARBER, U S MAGISTRATE JUDGEJudge 's printed name and title


AO 455 (Rev. 01/09) Waiver of an Indictment

U NITED STATES D ISTRICT COURTfor the

Southern District of Florida

United States of America

V.

ADAM FORMAN,

Case No.

W AIVER OF AN INDICTM ENT

l understand that l have been accused of one or more offenses punishable by imprisonment for more than one

year. l was advised in open court of my rights and the nature of the proposed charges against me.

After receiving this advice, 1 waive my right to prosecution by indictment and consent to prosecution by

inform ation.

Date :

MARK SOLOMON

Printed name ofdefendant 's attorney

BARRY S. SELTZER, U.S. MAGISTRATE JUDGEJudge 's printed name and title


17-60173-cr-cohn/seltzer -...

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