Joe Guaracino Superseding Information

8/3/2019 Joe Guaracino Superseding Information

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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDACASE NO. 10-60194-CR-COHN(s)18 U.S.C. j 371

UNITED STATES OF AMERICA

V.JOSEPH GUARACINO,

Defendant.I

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and things, to be sent and delivered by a private and com mercial interstate carrier, inviolation of Title 18, United States Code, Section 1341., and

b. to knowingly and willfully devise a scheme and artifice to defraud andto obtain m oney and propedy from others by means of m aterially false and fraudulentpretenses, representations, and promises, and for the purpose of executing such schemeand adifice, to transm it and cause to be transmitted by means of wire communication ininterstate commerce, certain writings, signals, pictures, and sounds, in violation of Title 18,United States Code, Section 1343.

OBJECT OF THE CONSPIRACY2. The object of the conspiracy was that defendant JOSEPH GUARACINO

sought to unlawfully enrich himself and others, by subm itting and causing to be subm ittedmaterially false and fraudulent Uniform Residential Loan Applications (Form 1003s) andother Ioan documents, to modgage Ienders, thereby inducing the modgage Iendersto fundmodgages on propedies Iocated in Broward and Palm Beach Counties, Florida, and tofraudulently obtain ow nership and control of these properties. It was a fudher part of theschemeto rentthe propedies totenants, collect rental income, maintain the propedies, andthen sell and attempt to sell the fraudulently obtained properties for a profit.

Case 0:10-cr-60194-JIC Document 1611 Entered on FLSD Docket 11/07/2011 Page 2 of 7


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MANNER AND MEANS OF THE CONSPIRACY3. The manner and means by which the defendant JOSEPH GUARACINO

sought to accomplish the object of the conspiracy included the following:a. Defendantlo sEpH GUARACINO caused the purchase of residential

propedies in Broward and Palm Beach Counties, Florida, using false and fraudulent Form1003 applications and otherdocuments which were provided to mortgage Ienders in orderto make defendant's investors able to qualify for the modgage Ioans.

b. Defendant JOSEPH GUARACINO signed and caused to be signedat closings Affidavits of Occupancy, and other documents indicating that the propedy heand others were purchasing was to be owner-occupied and their primary residence, when,in fact, they had no intention of Iiving in these properties, knew these propedies were beingrented out to tenants, and that they were purchasing the propedies for investmentPurPOSeS.

C.occur in which the documents submitted to modgage Ienders contained materially falseand fraudulentinformation and omissions of materialfact. These documents subsequently

DefendantlosEpH GUARACINO caused real estatetransactionsto

resulted in closings by the defendant and others.d. Defendant JOSEPH GUARACINO caused to be created Quit Claim

Deeds to be filed in the Iand records of Broward and Palm Beach Counties, Florida, addingthe defendant JOSEPH GUARACINO as an owner of certain propedies, along with theborrowers, usually some time after the closings on these propedies had already occurred.

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OVERT ACTS4. In furtherance of this conspiracy and to accomplish its object, at least one of

the co-conspirators, on or about the dates set forth below, com mitted or caused to becomm itted, in the Southern District of Florida, and elsewhere, at Ieast one of the followingovert acts, among others:

a. On or about February 3,2005, defendant JOSEPH GUARACINOcaused to be prepared a Form 1003 and other docum ents for the mortgage loan onpropedy Iocated at 4132 NW 79th Avenue,Coral Springs, Florida, which was submitted toFremont Investment & Loan, which contained m aterially false and fraudulent statements,including that the propedy was to be owner-occupied and the borrower's prim aryresidence.

b. On oraboutApril 19, 2005, defendantlosEpH GUARACINO causedto be prepared a Form 1003 and other documents for the mortgage Ioan on propedyIocated at 71 1 North Pine Island Road, #1 12, Plantation, Florida, which was submitted toAccredited Home Lenders, Inc., which contained materially false and fraudulentstatements, including that the propedy was to be owner-occupied and the borrower'sprimary residence.

C.prepared a Form 1003 for the modgage loan on property Iocated at 4040 Galt OceanDrive, #600, Fort Lauderdale, Florida, which was submitted to Am net Modgage Network,

On June 4, 2007, defendant JOSEPH GUARACINO caused to be



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which contained materiallyfalse and fraudulentstatements, includingthatthe propertywasto be owner-occupied and the borrower's primary residence.

AII in violation of Title 18, United States Code, Section 371.*

W IFREDO ERRERUNITED STATES ATTORNEY

@LA RIE E. RUCOBAASSISTANT UNITED STATES ATTORNEY

ARED M. STRAUSSASSISTANT UNITED STATES ATTORNEY

' @% ..ICHAEL PATRICK SULLIVANSENIOR LITIGATION COUNSEL



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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDAUNITED STATES OF AMERICAV9.JOSEPH GUARACINO,

CASE NO. 1Q-6Q194-CR-COHN(s1CERTIFICATE 0/ TRIAL ATTORNEY.Superseding Case Information:

Court Division: (select One)Miami Ke w estx FTL w)B FTp

New Defendanttsl Yes No Yumber of New Defendants nTotal number of counts 1I do hereby certify that:

I have carefully considered the allegations Rf the indictm:n t the number Rf defendants, the numberprobable witnesses and the Iegal com plexltles of the lndlctment/lnformatlon attached hereto,2. I am Mware that the information supplied gn thij qtatement will be relied upon by the Ju ges of thising theirpalendars and schedullng crlmlnal trlals underthe mandate of the SpeedyTrial Act,oud In settTitle 28 U.S.C. Secbon 3161.

4 . Iqterpreter: (Yes pr Nj MnIst Ianguage and/or dlalecThis case will take n days for the parties to try.Please check appropriate category and Npe of offense Iisted below:(Check only one) (Check only one)

1 0 to 5 days11 6 to 10 daysIII 1 1 to 20 daysIV 21 to 60 daysV 61 days and over6. Has this case been previously filed in this District Court? (Yes or No) YFRfyes:udge: Hon. J m s 1.Cohn Case No. 10-60194-CR-COHN(httach copy Q Isposltlve Vr elHas a complalnt been filed In thls matter? (Yes or No) Nnfyeq:aglstrate Case No.Related Misc#llaneous numbers:Defendantts) ln federal custody as ofDefendantts) In state custody as ofRule 20 from the District ofIs this a potential death penalty case? (Yes or No)

P#ttyMlnorMlsdem.Felony

Doesthis case or ginatefrom a matterpending in the Northern Region of the U.S. Attorney's Office priorG03? Yes X Noo October 14, 2Does this case originate from a matter pending in the Central Region of the U.S. Attorney's Office prior

D07? Yes X Noo September 1, 28 .

f .LAURIE E RUCOBAAS>ISTAMT UNITED STATES ATTORNEYFlorlda Bar No./court No.: A5500052

*penalty Sheetts) attached REV 4/8/08



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SOUTHERN DISTRICT OF FLORIDAPEN ALTY SHEET

Defendant's Name: JOSEPH GUARACINOCase No: 10-60194-CR-COHN(s)Count #: 14:E11 (2), rqk ii 142. il r- it,(:2 !k?- .. . ..... .. .... .....- ..... . - . . ---.. .. -..-........in violation 18 U.S.C. $ 371# Max.penalty: Five (5) years' imprisonment; three (3) year supervised release, $250,000 fineCounts#:

*M ax. Penalty:Counts #:

*M ax. Penalty:Counts #:

*M ax. Penalty:

#Refers only to possible term of incarceration, does not include possible fines, restitution, special assessments,parole terms, orforfeitures that may be applicable.


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