Financial Fraud: David H. Lavine And Charles L. Tobias Indicted on Charges of Theft of Bank Funds By a Bank Officer And Bank Fraud

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Former Bank President Indicted For Stealing From His Own Bank

<h2 class&equals;"node-title">Former Bank President Indicted For Stealing From His Own Bank<&sol;h2>&NewLine;<p>Baltimore&comma; Maryland – On September 26&comma; 2017&comma; a federal grand jury indicted David Harris Lavine&comma; age 58&comma; of Rockville&comma; Maryland&comma; on charges of theft of bank funds by a bank officer and bank fraud and Lavine and Charles L&period; Tobias&comma; age 56&comma; Potomac&comma; Maryland for conspiracy to defraud the Internal Revenue Service and tax evasion&period;<&sol;p>&NewLine;<p>The indictment was announced by Acting United States Attorney for the District of Maryland Stephen M&period; Schenning&semi; Special Agent in Charge Gordon B&period; Johnson of the Federal Bureau of Investigation&comma; Baltimore Field Office&semi; Special Agent in Charge Kimberly Lappin of the Internal Revenue Service-Criminal Investigation&semi; Assistant Inspector General Gerald Maye of the Federal Reserve Board Office of Inspector General and Special Agent in Charge Michael McGill of the Social Security Administration&comma; Office of Inspector General&period;<&sol;p>&NewLine;<p>From March 2010 until January 2011&comma; David Harris Lavine was the Acting President of CFG Community Bank&period; From January 2011 until August 2011&comma; Lavine was president of the bank affiliate&comma; Capital <a class&equals;"wpil&lowbar;keyword&lowbar;link" href&equals;"https&colon;&sol;&sol;www&period;fraudswatch&period;com&sol;tag&sol;financial-fraud&sol;" title&equals;"Financial" data-wpil-keyword-link&equals;"linked" data-wpil-monitor-id&equals;"814">Financial<&sol;a> Ventures&comma; LLC&period; According to the indictment&comma; Lavine&comma; while acting President&comma; diverted &dollar;100&comma;000 of bank funds to his own benefit&period; The indictment also charges that while president of the bank affiliate&comma; Lavine devised a scheme to defraud CFG Community Bank&comma; a state member bank supervised by the Federal Reserve Board&comma; through the re-finance of bank-owned <a class&equals;"wpil&lowbar;keyword&lowbar;link" href&equals;"https&colon;&sol;&sol;www&period;fraudswatch&period;com&sol;category&sol;mortgage&sol;" title&equals;"mortgage" data-wpil-keyword-link&equals;"linked" data-wpil-monitor-id&equals;"117">mortgage<&sol;a> loans and the diversion of loan proceeds to his personal benefit and the benefit of a friend&period;<&sol;p>&NewLine;<p>According to court documents&comma; Lavine used his position at Capital Financial Ventures to pose as the CEO&sol;President of CFG Community Bank&period; For example&comma; Lavine invited the borrowers of two loans with balances totaling over &dollar;7&period;5 million&comma; to refinance those loans with other financial institutions for a lower mortgage and pay off CFG Community Bank&period; At Lavine&&num;8217&semi;s direction&comma; the settlement company sent the mortgage <a class&equals;"wpil&lowbar;keyword&lowbar;link" href&equals;"https&colon;&sol;&sol;www&period;fraudswatch&period;com&sol;category&sol;loans&sol;" title&equals;"loan" data-wpil-keyword-link&equals;"linked" data-wpil-monitor-id&equals;"275">loan<&sol;a> payoff not to CFG Community Bank but to another company so that Lavine could divert in excess of &dollar;775&comma;000&period; Lavine created false correspondence with the loan borrowers to provide to CFG Community Bank to conceal the diversion from CFG Community Bank&period;<&sol;p>&NewLine;<p>According to the indictment&comma; Lavine and Tobias owned Capital T Partners Brookfield&comma; LLC&comma; a Maryland limited liability corporation&period; In the fall 2011&comma; Lavine and Tobias decided to realize a profit from a group of non-performing mortgages by fraudulently &&num;8220&semi;donating&&num;8221&semi; some of the mortgages to a charity as an in-kind donation and thereby receiving a valuable tax deduction for Capital T Partners Brookfield which would pass through to their personal income tax returns&period; Lavine is also charged with tax evasion for two years for failing to report the monies he received through the bank offenses and using the fraudulent charitable contribution as a deduction&period; Tobias is charged with tax evasion for failing to report income and also using the fraudulent charitable deduction&period;<&sol;p>&NewLine;<p>The maximum possible penalties for the bank offenses are thirty years in prison and&sol;or a &dollar;1 million fine per count and 5 years in prison and &sol;or &dollar;250&comma;000 per count for the tax charges&period;<&sol;p>&NewLine;<p>An indictment is not a finding of guilt&period; An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings&period;<&sol;p>&NewLine;<p>Acting United States Attorney Stephen M&period; Schenning commended the IRS&comma; FBI&comma; the Office of Inspector General for the Board of Governors of the Federal Reserve System and the Consumer Financial Protection Bureau and SSA-IG for their work in the investigation&period; Mr&period; Schenning thanked Assistant United States Attorney Joyce K&period; McDonald who is prosecuting the case&period;<&sol;p>&NewLine;<p><a href&equals;"https&colon;&sol;&sol;www&period;justice&period;gov&sol;usao-md&sol;pr&sol;former-bank-president-indicted-stealing-his-own-bank">Original PressReleases&&num;8230&semi;<&sol;a><&sol;p>&NewLine;

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