BALTIMORE — U.S. District Judge Ellen L. Hollander Friday, Nov. 8, sentenced John O’Day, 48, of Chester and Stevensville, Md., and Sarasota, Fla., to 104 months in federal prison, followed by five years of supervised release, for federal charges of bank fraud and aggravated identity theft, in connection with a scheme to defraud at least 20 people and five financial institutions of more than $1 million by submitting fraudulent auto loan applications. Hollander also ordered O’Day to pay restitution of $1,072,091, with interest.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rodney A. Davis of the Treasury Inspector General for Tax Administration; Chief Marcus Jones of the Montgomery County Police Department; and Col. William M. Pallozzi, superintendent of the Maryland State Police.
According to his plea agreement, between April 2016 and January 2018, O’Day and his co-conspirators, Denise White and Nigel Broomes, submitted at least 30 fraudulent applications for auto loans to victim financial institutions falsely listing O’Day as the seller of various motor vehicles, which were listed as collateral, but in which neither O’Day or the listed purchaser had any ownership interest. At least 27 of the fraudulent applications were successful and resulted in the disbursement of loan checks totaling approximately $1,167,192. O’Day deposited those funds into his personal bank accounts in Maryland. O’Day provided a portion of the fraud proceeds to his co-conspirators. The funds were not used to purchase vehicles. O’Day attempted to obtain additional loan checks totaling at least $246,000 through several unsuccessful auto loan applications.
Most of the applicants listed in the auto loan applications were recruited by O’Day under false promises and pretenses. Specifically, O’Day falsely promised that he would pay off the auto loans within up to 90 days and that the borrowers would not be responsible for loan payments. O’Day made payments in smaller amounts to most of the borrowers to assist them temporarily in making periodic payments on the loans and to compensate them for their involvement in the scheme. However, O’Day eventually stopped assisting borrowers with their payments and failed to pay off the loans as he promised. Most of the borrowers remained liable for the loans and suffered financial hardship as a result. At least some of the fraudulent auto loans were eventually converted to unsecured personal loans with higher interest rates as a result of the applicants’ failure to produce proof that they had purchased the vehicles. Several of the applicants had no knowledge that O’Day and his co-conspirators had submitted applications in their names and never authorized them to do so.
O’Day, White, and Broomes used the personal identification information of at least five people, without their knowledge or approval, to submit fraudulent loan applications. At least two of the applications were approved and resulted in the disbursement of loan checks totaling $98,000.
O’Day admitted he also laundered the proceeds of the fraudulent auto loan scheme through the purchase of a home. O’Day worked as a loan officer with a mortgage brokerage company located in Maryland between January 2014 and August 2017. Between January and March 2017, O’Day requested that his employer issue him a company check for his closing costs in return for him transferring funds to the company. O’Day deposited $90,000 in fraud proceeds into a bank account he controlled, then wired $33,750 from that account to his employer’s account. The following day, the employer wired $33,750 to another of O’Day’s accounts and O’Day purchased a cashier’s check in the amount of $30,000 drawn on that account, which he used to pay the closing costs associated with the purchase of his home.
According to their plea agreements, White and Broomes personally submitted some of the fraudulent auto loan applications. White also contacted the financial institutions under false pretenses in order to get the applications approved. White used multiple email accounts in which she received correspondence from the various financial institutions to which she submitted fraudulent loan applications. Upon O’Day’s request, White also contacted borrowers whom O’Day had recruited in order to assuage their concerns about their involvement with the auto loans, requests made by the financial institutions for proof of ownership of the vehicles, and O’Day’s failure to pay off the loans taken out in their names, falsely identifying herself as “Lisa.” White and Broomes also fabricated documents in support of the fraudulent loan applications and O’Day’s efforts to negotiate the loan checks.
White, 32, of East Point, Ga., and Broomes, 39, of Atlanta, Ga., previously pleaded guilty to their roles in the scheme. White and Broomes each face a maximum of 30 years in federal prison for bank fraud, and White also faces a mandatory minimum sentence of two years in federal prison, consecutive to any other sentence imposed, for aggravated identity theft. Hollander has scheduled sentencing for White and Broomes on Nov. 15, at 10 a.m. and 11 a.m., respectively.
Hur commended TIGTA, the Montgomery County Police Department, and the Maryland State Police for their work in the investigation. Hur thanked Assistant U.S. Attorney Matthew J. Maddox, who is prosecuting the case.