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Criminal Resource Manual

882. Sample Indictment—Equity Skimming, 18 U.S.C. § 157

(Sometimes the petitions are filed on behalf of the homeowner, delaying the collection efforts while the skim occurs. Sometimes the petition is filed by the petition mill/shell agency which is purportedly saving the home.)

  1. From on or about _________ to on or about ________, in the ________ District of ______, JOHN DOE, defendant herein, devised a scheme and artifice to defraud American Bank and Richard Roe of money.

  2. It was part of the scheme that defendant JOHN DOE, upon learning that American Bank was in the process of foreclosing on the home of Richard Roe, contacted Richard Roe and falsely claimed that he could refinance the mortgage with American Bank through government block grants that were available.

  3. It was further part of the scheme that defendant JOHN DOE convinced Richard Roe to deed his property at 123 Home Street to JOHN DOE doing business as "Homeowners Protective Society" and to begin making his mortgage payments to said JOHN DOE.

  4. It was further part of the scheme that following the execution of the quit claim deed by Richard Roe, defendant JOHN DOE filed bankruptcy on behalf of Richard Roe and did not disclose the transfer by quit claim deed, thus stopping and delaying collection and foreclosure efforts by American Bank.

  5. It was further part of the scheme that defendant JOHN DOE continued to collect money from Richard Roe which would not be applied to the mortgage, but would be converted to the personal use of JOHN DOE.

  6. On or about ________, Defendant JOHN DOE for the purpose of executing the scheme and artifice to defraud, caused a petition under title 11 to be filed on behalf of Richard Roe listing as creditor American Bank and as an asset the residence at 123 Home Street.

All in violation of 18 U.S.C. § 157.

[cited in USAM 9-41.001]