STIPULATED FACTUAL PROFFER

ALICIA M. OTAZO-REYES, Magistrate Judge.

The United States of America and JOSE SALAZAR (hereinafter referred to as the "defendant"), hereby agree that, if this case were to go to trial, the United States would establish the following facts beyond a reasonable doubt:

1. From in or around August, 2007, continuing through in or around August, 2008, in Miami-Dade County, in the Southern District of Florida, and elsewhere, the defendant did willfully, that is, with the intent to further the objects of the conspiracy, and knowingly combine, conspire, confederate, and agree with his co-defendants, and with other persons known and unknown to the Grand Jury:

(a) to knowingly, and with intent to defraud, execute, and cause the execution of, a scheme and artifice to defraud one or more financial institutions, including Bank of America, N.A., Chase Bank USA, N.A., CitiBank, N.A., First National Bank of Arizona, IndyMac Bank, F.S.B., JPMorgan Chase Bank, N.A., and Washington Mutual Bank, which scheme and artifice would employ a material falsehood; and to knowingly execute, and cause the execution of, a scheme and artifice to obtain moneys and funds owned by, and under the custody and control of, one or more financial institutions, by means of false and fraudulent pretenses, representations, and promises relating to a material fact, in violation of Title 18, United States Code, Sections 1344(1) and (2); and

(b) to knowingly, and with intent to defraud, devise, and intend to devise, a scheme and artifice to defraud, and to obtain money and property by means of materially false and fraudulent pretenses, representations, and promises, knowing that they were false and fraudulent when made, and transmitting and causing to be transmitted in interstate commerce, by means of wire communication, certain writings, signs, signals, pictures and sounds, for the purpose of executing the scheme and artifice, and affecting a financial institution, in violation of Title 18, United States Code, Sections 1343 and 3293(2).

2. The facts and definitions alleged in paragraphs 1 to 44 of the General Allegations section of the Indictment; the facts alleged in paragraph 3 of Count 1 (the Purpose of the Conspiracy); and the facts alleged in paragraphs 4 to 11 of Count 1 (the Manner and Means of the Conspiracy).

3. The defendant joined the bank fraud and wire fraud conspiracy charged in Count 1 of the Indictment in or around August, 2007, when he signed purchase agreements with Indian Palms Holdings, LLC, for his purchases of Units 23 and 43, Portofino at Largo.

4. On August 3, 2007, the defendant signed a purchase agreement for Unit 43, Portofino at Largo. Pursuant to the purchase agreement, the defendant agreed to purchase Unit 43 for $174,900, and to pay a $1,000 earnest money deposit. The stated purchase price for Unit 43 was falsely and fraudulently inflated, because the defendant expected to receive a kick-back from the seller for purchasing the unit.

5. The purchase agreement for Unit 43 included a one page "Certification of Borrower(s) Regarding Property Status," signed by the defendant, which falsely and fraudulently stated that the defendant was purchasing Unit 43 as "A second home, not as an investment property to be rented to another person for financial consideration at any time." The defendant intended that mortgage lenders would rely on his certification and stated:

In truth and in fact, the defendant never intended to reside in Unit 43, but was instead purchasing the unit as an investment property. Indeed, the defendant expected that Unit 43 would be already be leased and occupied by a tenant at the time he closed on his purchase.

6. On August 10, 2007, the defendant signed a purchase agreement for Unit 23, Portofino at Largo. Pursuant to that agreement, the defendant agreed to purchase Unit 23 for $174,900, and to pay a $1,000 earnest money deposit. As with Unit 43, the stated purchase price for Unit 23 was falsely and fraudulently inflated, because the defendant expected to receive a kickback for purchasing the unit.

7. The defendant conspired with the defendant Emily Echavarria to fraudulently obtain mortgage loans for Units 23 and 43, Portofino at Largo. Echavarria submitted false and fraudulent applications and related documents to lenders, through Mortgage Bankers Lenders, Inc. ("MBL"), a Miami-based mortgage broker business operated by Mirna Pena and Pedro Allende.

8. On or about August 31, 2007, MBL submitted to JPMorgan Chase Bank an initial Uniform Residential Loan Application (Form 1003) signed by the defendant, and dated August 10, 2007. The loan application was for a $166,155 mortgage loan for Unit 23. Among other things, the defendant's initial loan application to JPMorgan Chase Bank falsely and fraudulently stated: the defendant was purchasing Unit 23 as a "secondary residence;" the defendant was employed as a "risk manager" by Prominent Services & Insurance Corp. at 9668 N.W. 25th Street, Miami; and his gross monthly income from employment was $8,000. In fact, the defendant was purchasing Unit 23 as an investment, he was a self-employed handyman, and his stated gross monthly income was materially inflated.

9. Also in August, 2007, MBL submitted to BankUnited an initial mortgage loan application signed by the defendant, and dated August 17, 2007, seeking a $166,155 mortgage loan for Unit 43. This application contained the same false and fraudulent statements regarding the defendant's intention to reside at Unit 43, his employment, and his income, that were set forth in his initial application to JPMorgan Chase Bank for Unit 23.

10. Echavarria provided MBL with copies of the defendant's purchase agreements for Units 23 and 43, and MBL submitted a copy of the pertinent agreement to JPMorgan Chase and BankUnited, in support of the defendant's loan applications.

11. At the time that the defendant submitted his false and fraudulent loan applications to JPMorgan Chase Bank and BankUnited, Prominent Services & Insurance Corp. was a Florida corporation operated by the defendant Cynthia Velasquez and Velasquez's mother, who was listed as the President. Echavarria conspired with Velasquez to have Velasquez provide false and fraudulent verifications of the defendant's false employment information, if the lenders inquired.

12. On September 25, 2007, an employee of JPMorgan Chase Bank called Prominent Services & Insurance Corp. to verify the defendant's stated employment information. Cynthia Velasquez took the call. Velasquez impersonated her mother, and falsely and fraudulently verified that the defendant was employed by her company. (See Exhibit A, Chase Verbal Re-Verification of Employment, dated September 25, 2007.)

13. On September 26, 2007, an employee of BankUnited called Prominent Services & Insurance Corp. to verify the defendant's stated employment information. Again, Velasquez took the call. She impersonated her mother, and falsely and fraudulently verified that the defendant was employed by her company as a "risk manager." (See Exhibit B, BankUnited Verbal Verification of Employment, dated September 26, 2007.)

14. The defendant and his co-conspirators transmitted or caused to be transmitted by wire communications in interstate commerce to help carry out their bank fraud and wire fraud scheme. For example, on September 27, 2007, JPMorgan Chase Bank wire-transferred loan proceeds of approximately $163,081.59 for the defendant's purchase of Unit 23, Portofino at Largo, from New York or Ohio, to Allegiance Title of Florida, Inc.'s escrow account at the Community Bank of Broward, in Florida.

15. The defendant's purchases of Units 23 and 43 closed on September 27, 2007. Allegiance Title of Florida, Inc. served as the closing agent. At the closing, the defendant signed a HUD-1 Settlement Statement for Unit 23, which falsely and fraudulently stated that he had paid cash-to-close in the amount of $13,329.64 and that a "marketing fee" of $41,423 was paid to One Stop Consulting Solutions. The defendant also signed a HUD-1 Settlement Statement for Unit 43, which falsely and fraudulently stated that he had paid cash-to-close of $10,664.26 and that a "marketing fee" of $41,423 was paid to One Stop Consulting Solutions. In fact, the cash-to-close for both units was paid by One Stop Consulting Solutions, using fraud proceeds that it received in the form of "marketing fees," and the "marketing fees" were a ruse to conceal the seller's use of loan proceeds to pay kick-backs to the defendant.

16. On October 1, 2007, Allegiance Title of Florida wired the marketing fees from its account at the Community Bank of Broward, to One Stop Consulting Solutions' Regions Bank account ending in 1497.

17. Following the closings for Units 23 and 43, Portofino at Largo, the defendant received the following kick-back payments, in the form of checks drawn on One Stop Consulting Solutions' Regions Bank account ending in 1497, and payable to the defendant:283279278274278283279278274

The checks were signed by Jorge Sola or Jenny Nillo.

18. In addition, One Stop Consulting Solutions paid the first month's mortgage payment for each of the mortgage loans the defendant obtained from JPMorgan Chase Bank and BankUnited. One Stop Consulting Solutions issued the following checks for those payments:2832792882832792884588739357778

19. The defendant defaulted on the mortgage loans for Units 23 and 43, Portofino at Largo, and the banks foreclosed. JPMorgan Chase sustained a loss of approximately $152,637.00 on its mortgage loan for Unit 23, and BankUnited sustained a loss of approximately $148,642.65 on its mortgage loan for Unit 43.

20. On September 28, 2007, the defendant fraudulently obtained a mortgage loan from IndyMac Bank, for his purchase of 10816 S.W. 147th Place, Miami. The defendant submitted a loan application to IndyMac Bank, through MBL, which falsely and fraudulently stated that his employer was Prominent Services & Insurance Corp. and his gross monthly income was $8,000. The defendant defaulted on the loan, and IndyMac Bank foreclosed. IndyMac sustained a loss of approximately $279,226.87.

SO STIPULATED by the parties and their legal counsel.

EXHIBIT A

EXHIBIT B