FLORENCE T.

NAKAKUNI United States Attorney District of Hawaii

#2286

LESLIE E. OSBORNE

#3070

Chief, Fraud & Financial Crimes Section

FILED IN THE

UNITED STATES DISTRICT COURT DISTRICT OF HAWAII

CLARE CONNORS

#7936

Assistant U.S. Attorney

Room 6-100, PJKK Federal Building 300 Ala Moana Blvd., Box 50183 Honolulu, Hawaii 96850

Telephone: (808) 541-2850

Facsimile: (808) 541-2958

Email: Clare.Connors@usdoj.gov

Attorneys for Plaintiff UNITED STATES OF AMERICA

SEALED

BY ORD1R 0' THE COURT

( AUG 1~~1O

aL_o'clock and __ m~ M SUE BEITIA. CLE(J('::_-- .

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII JMS

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UNITED STATES OF AMERICA ) c~. I~O. 10-00 )

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( 01) ) ) )

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Plaintiff,

v.

ATLANTICA KAHAUNANI

"NANI" TANUVASA,

LENE TANUVASA, JR., ( 02)

SAMANTHA MICHEL, (03)

AKA: SAMANTHA TISDALE SAMANTHA HAIKHAM HAIKHAM TISDALE MICHELLE LEE MALULANI KAMA(04)

Defendants.

INDICTMENT

Count 1: 18 U.S.C. § 371

Counts 2-29: 18 U.S.C. § 1343 Counts 30-33: 18 U.S.C. § 1014

The Grand Jury charges that:

INTRODUCTION

1. At all times relevant to this Indictment and as set

forth herein:

a. ATLANTICA KAHAUNANI "NANI" TANUVASA ("NANI

TANUVASA") was a loan officer with Easy Mortgage Corporation

("Easy Mortgage"), Unlimited Mortgage Services, and Wealth

Transfer Mortgage, as well as a real estate agent in the State of

Hawaii.

b. LENE TANUVASA, JR., husband to NANI TANUVASA,

recruited individuals for the purpose of obtaining fraudulent

mortgage loans related to residential properties.

c. SAMANTHA MICHEL, aka: SAMANTHA TISDALE, SAMANTHA

HAIKHAM, and HAIKHAM TISDALE ("MICHEL") was a loan officer at

Easy Mortgage, as well as a real estate agent in the State of

Hawaii.

d. MICHELLE LEE MALULANI KAMA ("KAMA") applied for

and obtained fraudulent mortgage loans related to residential

properties.

COUNT 1 (Conspiracy

to Commit Wire Fraud and

False Statements on Loan Applications)

The Grand Jury further charges that:

2. From a precise earlier date unknown to the Grand

Jury, but by on or about July 29, 2004, and continuing until the

date of this Indictment, in the District of Hawaii and elsewhere,

defendants:

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ATLANTICA I\AHAUNANI "NANI" TANUVASA LENE TANUVASA, JR.

SAMANTHA MICHEL, aka: SAMANTHA TISDALE, SAMANTHA HAIKHAM, HAIKHAM TISDALE

MICHELLE LEE MALULANI KAMA

did knowingly and willfully conspire with each other and with

others, both known and unknown to the Grand Jury, to commit

offenses against the United States, that is:

a. knowingly to devise, and intending to devise, a

scheme and artifice to defraud and to obtain money from lenders

and others by means of materially false and fraudulent pretenses,

representations and promises, as well as omissions of material

facts, and for the purpose of executing said scheme and artifice,

and attempting to do so, to cause certain items to be

transmitted, in interstate commerce, by means of wire

communications, certain signs, signals and sounds, in violation

of Title 18, United States Code, Section 1343, and

b. knowingly to make material false statements

and reports for the purpose of influencing the actions of a

financial institution in connection with loan applications, in

violation of Title 18, United States Code, Section 1014.

MANNER AND MEANS OF THE CONSPIRACY

3. The purpose of the conspiracy was to defraud lending

institutions and others by preparing documents that contained

materially false representations. It was part of the manner and

means of the conspiracy that:

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a. NANI TANUVASA, MICHEL, LENE TANUVASA, and others, both known and unknown to the Grand Jury, recruited individuals, including KAMA, to sign loan applications containing false representations and false supporting documentation.

b. NANI TANUVASA, MICHEL and others, in their capacities as loan officers, made or caused to be made false representations on behalf of the loan applicants and, in so doing, submitted material false and fraudulent loan applications to lending institutions.

c. When underwriters for lending institutions sought to verify the representations made in the loan applications, MICHEL and others subverted these efforts by asserting that the false representations were true.

d. In reliance on the false statements in the loan applications, lenders transferred funds from their bank accounts in other states to the bank accounts of escrow companies in the State of Hawaii responsible for the closing of the fraudulent real estate transactions.

e. NANI TANUVASA and others directed the distribution of, and caused to be distributed, the loan proceeds to the participants of the scheme, as well as collected their standard transaction fees, commissions, and costs associated with the transactions.

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5

OVERT ACTS

4. In furtherance of the conspiracy and to achieve the objects thereof, the conspirators committed, and caused to be committed, overt acts in the District of Hawaii and elsewhere. a. These overt acts include, but are not limited to, the following:

(1) On or about July 29, 2004, NANI TANUVASA and KAMA signed a standard Deposit Receipt Offer and Acceptance form related to the purchase by KAMA of a property located at 1021 6th Avenue, Unit A.

(2) On or about August 19, 2004, NANI TANUVASA and KAMA signed a loan application containing false information related to the purchase by KAMA of a property located at 1021 6th Avenue, Unit A.

(3) On or about October 28, 2004, NANI TANUVASA signed a loan application containing false information related to the purchase by A.P. of a property located at 1511 Hoolana Street.

(4) On or about December 5, 2004, NANI TANUVASA signed a loan application containing false information related to the purchase by F.E. and A.E. of a property located at 3221 A Hayden Street.

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(5) On or about February 20, 2005, MICHEL signed a verification of rent form containing false information related to the purchase by F.B. and Z.B. of a property located at 99-640 Halawa Drive.

(6) On or about March 28, 2005, NANI TANUVASA signed a loan application containing false information related to the purchase by R.B. of a property located at 2414 Notley Street.

(7) On or about March 30, 2005, NANI TANUVASA signed a standard Deposit Receipt Offer and Acceptance form related to the purchase by A.P. of a property located at 91-390 Papipi Road.

(8) On or about April 26, 2005, NANI TANUVASA signed a standard Deposit Receipt Offer and Acceptance form related to the purchase by M.B. of a property located at 91-822 Lawalu Place.

(9) On or about May 5, 2005, NANI TANUVASA signed a loan application containing false information related to the purchase by M.B. of a property located at 91-822 Lawalu Place.

(10) On or about May 11, 2005, MICHEL signed a verification of rent form containing false information related to a loan obtained by M.B. to purchase a property located at 91-822 Lawalu Place.

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(11) On or about May 16, 2005, NANI TANUVASA signed a loan application containing false information related to the purchase by A.P. of a property located at 94-1113 Lumiauau Street.

(12) On or about May 19, 2005, MICHEL signed a verification of rent form containing false information related to loans obtained by A.P. to purchase properties located at 91-390 Papipi Road and 94-1113 Lumiauau Street.

(13) On or about May 26, 2005, NANI TANUVASA
signed a loan application containing false information related to
the purchase by M.C. of a property located at 875 4th Street.
(14) On or about August 25, 2005, NANI TANUVASA
signed a loan application containing false information related to the refinance by L.F. of a property located at 94-353 Apowale Street.

(15) On or about September 19, 2005, NANI TANUVASA signed a loan application containing false information related to the purchase by R.B. of a property located at 94-347 Hakamoa Street.

(16) On or about November 6, 2005, NANI TANUVASA signed a loan application containing false information related to the purchase by M.e. of a property located at 94-315 Paiwa Street.

(17) On or about November 23, 2005, NANI TANUVASA signed a standard Deposit Receipt Offer and Acceptance form related to the purchase by L.A. of a property located at 91-390 Papipi Road.

(18) On or about November 23, 2005, NANI TANUVASA signed a standard Deposit Receipt Offer and Acceptance form related to the purchase by L.A. of a property located at 3221 A Hayden Street.

(19) On or about December 14, 2005, NANI TANUVASA signed a loan application containing false information related to the purchase by L.A. of a property located at 3221 A Hayden Street.

(20) On or about December 28, 2005, NANI TANUVASA signed a loan application containing false information related to the purchase by L.A. of a property located at 91-390 Papipi Road. (21) On or about January 5, 2006, MICHEL signed a standard Deposit Receipt Offer and Acceptance form related to the purchase by M.B. of a property located at 91-1039 Hamoula Street. (22) On or about April 25, 2006, NANI TANUVASA

signed a loan application containing false information related to the refinance by M.C. of a property located at 875 4th Street.

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(23) On or about June 23, 2006, NANI TANUVASA signed a loan application containing false information related to the purchase by A.D. of a property located at 3221 A Hayden Street.

(24) On or about July 10, 2006, NANI TANUVASA and KAMA signed a loan application containing false information related to the refinance by KAMA of a property located at 1021 6th Avenue, Unit A.

(25) On or about July 10, 2006, KAMA signed an occupancy agreement related to 1021 6th Avenue, Unit A.

(26) On or about July 10, 2006, KAMA signed a loan application containing false information related to the purchase by KAMA of a property located at 91-1030 Paaoloulu Way.

(27) On or about July 21, 2006, NANI TANUVASA signed a standard Deposit Receipt Offer and Acceptance form related to the purchase by J.H. of a property located at 91-940 Kalapu Street.

(28) On or about September 28, 2006, MICHEL signed a letter containing false information concerning the rental history of R.L., which was submitted with a loan application related to the purchase by R.L. of a property located at 94-967 Lumihoahu Street.

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(29) On or about January 18, 2007, NANI TANUVASA

signed a loan application containing false information related to

the purchase by T.N. of a property located at 94-353 Apowale

Street.

(30) On or about July 16, 2007, NANI TANUVASA

signed a loan application containing false information related to

a loan in the name of L.N. and a property located at 94-451

Honowai Street.

All in violation of Title 18, United States Code,

Section 371.

COUNTS 2 - 29 (Wire Fraud)

The Grand Jury further charges:

SCHEME AND ARTIFICE TO DEFRAUD

1. From a specific time unknown, but by on or about July

29, 2004, and continuing thereafter at until the date of this

Indictment, in the District of Hawaii and elsewhere, defendants:

ATLANTICA KAHAUNANI "NANI" TANUVASA LENE TANUVASA, JR.

SAMANTHA MICHEL, aka: SAMANTHA TISDALE, SAMANTHA HAIKHAM, HAIKHAM TISDALE

MICHELLE LEE MALULANI KAMA

along with others both known and unknown to the Grand Jury,

knowingly devised and intended to devise a scheme and artifice to

defraud, and a scheme and artifice for obtaining money from

lenders and others by means of material false and fraudulent

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pretenses, representations, and promises, as well as by omissions

of material facts.

2. The Grand Jury hereby incorporates by reference

paragraphs 1 through 4 of Count 1, as if set forth herein in

their entirety.

WIRE COMMUNICATIONS

3. On or about the dates listed below, within the District

of Hawaii and elsewhere, for the purpose of carrying out and

attempting to carrY'out the aforesaid scheme and artifice to

defraud, the defendants identified below did knowingly transmit

and cause to be transmitted in interstate commerce writings,

signs, and signals by means of wire communications, with each

such transmission constituting a separate count of the

Indictment:

COUNT .DEF·ENDANT {S 1 DATE.OF DESCRIPTION OF WIRE
C:aA:RGED WIRE . COMMUNICATION
.,
2 NAN I 10/29/2004 Wire re: 1511 Hoolana Street
TANUVASA from Countrywide Home Loan's
account in New York to Old
Republic Title & Escrow of
Hawaii, LTD's account in
Hawaii in the amount of
$424,809.46
3 NANI 10/29/2004 Wire re: 1511 Hoolana Street
TANUVASA from Countrywide Home Loan's
account in New York to Old
Republic Title & Escrow of
Hawaii, LTD's account in
Hawaii in the amount of
$105,883.61 COUNT DE~ENDANT <S) CHARGED

·DATE· OF . WIRE

..

I>ESCRIPTI'ONOF WIRE

4

NAN I TANUVASA

3/30/2005 Wire re: 2414 Notley street from Countrywide Home Loan's account in New York to Old Republic Title & Escrow of Hawaii, LTD's account in Hawaii in the amount of $498,661.32

5

NAN I TANUVASA

3/30/2005 Wire re: 2414 Notley street from Countrywide Home Loan's account in New York to Old Republic Title & Escrow of Hawaii, LTD's account in Hawaii in the amount of $129,905.44

6

NAN I TANUVASA

5/31/2005 Wire re: 875 4th Street Countrywide Home Loan's account in New York to Title Guaranty Escrow Services, Inc. 's account in Hawaii in the amount of $483,838.74

7

NAN I TANUVASA

9/22/2005 Wire re: 94-347 Hakamoa Street from Countrywide Home Loan's account in New York to Title Guaranty Escrow Services,

Inc. 's account in Hawaii in the amount of $533,781.70

8

NAN I TANUVASA

9/22/2005 Wire re: 94-347 Hakamoa Street from Countrywide Home Loan's account in New York to Title Guaranty Escrow Services,

Inc. 's account in Hawaii in the amount of $131,569

9

NAN I TANUVASA

11/9/2005 Wire re: 94-315 Paiwa Street from People's Choice Home Loan, Inc. 's account in New York to Old Republic Title & Escrow of Hawaii, LTD. 's account in Hawaii in the amount of $508,530.38

12

DESCRIPTION OF WIRE . 'COMMUNICATION

COUNT DEFE:NJ)ANT (S) CHARGED

DATE OF .W.IRE

11/9/2005 Wire re: 94-315 Paiwa Street from People's Choice Home Loan, Inc. 's account in New York to Old Republic Title & Escrow of Hawaii, LTD. 's account in Hawaii in the amount of $126,595.38

10

NAN I TANUVASA

12/20/2005 Wire re: 3221 A Hayden Street from Argent Mortgage Company's account in New York to Old Republic Title & Escrow of Hawaii, LTD. 's account in Hawaii in the amount of $533,944.36

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NAN I TANUVASA

12/20/2005 Wire re: 3221 A Hayden Street from Argent Mortgage Company's account in New York to Old Republic Title & Escrow of Hawaii, LTD. 's account in Hawaii in the amount of $133,471.40

12

NAN I TANUVASA

12/30/2005 Wire re: 91-390 Papipi Road from Accredited Home Lenders's account in New York to Old Republic Title & Escrow of Hawaii, LTD. 's account in Hawaii in the amount of $434,112.36

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NAN I TANUVASA

12/30/2005 Wire re: 91-390 Papipi Road from Accredited Home Lenders's account in New York to Old Republic Title & Escrow of Hawaii, LTD. 's account in Hawaii in the amount of $108,235.74

14

NAN I TANUVASA

13

COUNT DEFENDANT (S)·· DATE OF DESCRIPTION OF WIRE

CHARGED WIRE COMMUNICATION

15 MICHEL 3/23/2006 Wire re: 91-1039 Hamoula

Street from Fremont Investment and Loan's account in California to Old Republic Title & Escrow of Hawaii,

LTD. 's account in Hawaii in the amount of $491,705.12

16

NAN I

TANUVASA

5/12/2006 Wire re: 875 4th Street from

Countrywide Home Loan's account in Hawaii to Old Republic Title & Escrow of Hawaii, LTD. 's account in Hawaii in the amount of $485,221.63

17

NAN I TANUVASA

6/30/2006 Wire re: 3221 A Hayden Street from ResMAE Mortgage Corporation's account in New York to Old Republic Title & Escrow of Hawaii, LTD. 's account in Hawaii in the amount of $598,940.12

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NAN I TANUVASA

6/30/2006 Wire re: 3221 A Hayden Street from ResMAE Mortgage Corporation's account in New York to Old Republic Title & Escrow of Hawaii, LTD. 's account in Hawaii in the amount of $149,603.36

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NAN I TANUVASA

KAMA

7/19/2006 Wire re: 91-1030 Paaoloulu Way from People's Choice Home Loan, Inc. 's account in California to Old Republic Title & Escrow of Hawaii,

LTD. 's account in Hawaii in the amount of $628,274.76

14

<COONTPEFEmJANT <sl' .. CHARGEO

DATE OF :WIRE

DESCRIPTION OF WIRE COMM'oNlCATI0N

.

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NAN I TANUVASA

KAMA

7/19/2006 Wire re: 91-1030 Paaoloulu Way from People's Choice Horne Loan, Inc. 's account in California to Old Republic Title & Escrow of Hawaii,

LTD. 's account in Hawaii in the amount of $156,633.01

21

NAN I TANUVASA

KAMA

7/20/2006 Wire re: 1021 6th Avenue, Unit A from ResMAE Mortgage Corporation's account in New York to Old Republic Title & Escrow of Hawaii, LTD. 's account in Hawaii in the amount of $627,031.07

22

NAN I TANUVASA

KAMA

7/20/2006 Wire re: 1021 6th Avenue, Unit A from ResMAE Mortgage Corporation's account in New York to Old Republic Title & Escrow of Hawaii, LTD. 's account in Hawaii in the amount of $144,697.12

23

MICHEL

9/29/2006 Wire re: 94-967 Lumihoahu Street from People's Choice Home Loan, Inc. 's account in New York to Old Republic Title & Escrow of Hawaii, LTD. 's account in Hawaii in the amount of $642,540.30

24

MICHEL

9/29/2006 Wire re: 94-967 Lumihoahu Street from People's Choice Home Loan, Inc. 's account in New York to Old Republic Title & Escrow of Hawaii, LTD. 's account in Hawaii in the amount of $160,396.46

25

NAN I TANUVASA

LENE TANUVASA

9/29/2006 Wire re: 91-940 Kalapu Street from People's Choice Horne Loan, Inc. 's account in New York to Old Republic Title & Escrow of Hawaii, LTD. 's account in Hawaii in the amount of $548,055.64

15

COUNT DE.FENDANT (S> CHARGED

DATE OF DESCRIPTION OF WIRE

WIRE COMMUNICATION

26 NAN I

TANUVASA

LENE TANUVASA

9/29/2006 Wire re: 91-940 Kalapu Street from People's Choice Home Loan, Inc. 's account in New York to Old Republic Title & Escrow of Hawaii, LTD. 's account in Hawaii in the amount of $135,418.28

27 NAN I

TANUVASA

1/25/2007 Wire re: 94-353 Apowale Street from Impac Funding Corporation, dba Impac Lending Group's account in New York to Old Republic Title & Escrow of Hawaii, LTD. 's account in Hawaii in ,the amount of $700,962.73

28 NAN I

TANUVASA

1/25/2007 Wire re: 94-353 Apowale Street from Impac Funding Corporation, dba Impac Lending Group's account in New York to Old Republic Title & Escrow of Hawaii, LTD. 's account in Hawaii in the amount of $175,559.27.

29 NAN I

TANUVASA

7/20/2007 Wire re: 94-451 Honowai Street from Impac Funding Corporation, dba Impac Lending Group's account in New York to Old Republic Title & Escrow of Hawaii, LTD. 's account in Hawaii in the amount of $589,740.46

All in violation of Title 18, united States Code,

Sections 1343 and 2.

COUNT 30 (False Statement on a Loan Application)

The Grand Jury further charges:

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On or about October 29, 2004, in the District of

Hawaii, defendant ATLANTICA KAHAUNANI "NANI" TANUVASA did

knowingly make and cause to be made material false statements for

the purpose of influencing the action of Countrywide Home Loans,

Inc., an institution whose accounts were insured by the Federal

Deposit Insurance Corporation, in connection with a Uniform

Residential Loan Application, Form 1003, for an individual

identified by initials A.P., which included but was not limited

to the materially false representations that A.P. intended to

reside in a property located at 1511 Hoolana Street, and that

A.P. earned $6,000 per month, when in truth and in fact, as the

defendant well knew, A.P. did not intend to occupy the property

and did not earn $6,000 per month.

All in violation of Title 18, United States Code,

Section 1014.

COUNT 31 (False Statement on a Loan Application)

The Grand Jury further charges:

On or about March 28, 2005, in the District of Hawaii,

defendant ATLANTICA KAHAUNANI "NANI" TANUVASA did knowingly make

and cause to be made material false statements for the purpose of

influencing the action of Countrywide Home Loans, Inc., an

institution whose accounts were insured by the Federal Deposit

Insurance Corporation, in connection with a Uniform Residential

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Loan Application, Form 1003, for an individual identified by

initials R.B., which included but was not limited to the

materially false representations that R.B. intended to reside In

a property located at 2414 Notley street, and that R.B. earned

approximately $11,158 per month, when in truth and in fact, as

the defendant well knew, R.B. did not intend to occupy the

property and did not earn $11,158 per month.

All in violation of Title 18, United States Code,

Section 1014.

COUNT 32 (False Statement on a Loan Application)

The Grand Jury further charges:

On or about May 25, 2005, in the District of Hawaii,

defendant ATLANTICA KAHAUNANI "NANI" TANUVASA did knowingly make

and cause to be made material false statements for the purpose of

influencing the action of Countrywide Home Loans, Inc., an

institution whose accounts were insured by the Federal Deposit

Insurance Corporation, in connection with a Uniform Residential

Loan Application, Form 1003, for an individual identified by

initials M.C., which included but was not limited to the

materially false representations that M.C. intended to reside in

a property located at 875 4th Street, and that M.C. earned

$30,207 per month, when in truth and in fact, as the defendant

well knew, M.C. did not intend to occupy the property and did not

earn $30,207 per month.

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19

All in violation of Title 18, United States Code,

Section 1014.

COUNT 33 (False Statement on a Loan Application)

The Grand Jury further charges:

On or about April 25, 2006, in the District of Hawaii,

defendant ATLANTICA KAHAUNANI "NANI" TANUVASA did knowingly make

and cause to be made material false statements for the purpose of

influencing the action of Countrywide Home Loans, Inc., an

institution whose accounts were insured by the Federal Deposit

Insurance Corporation, in connection with a Uniform Residential

Loan Application, Form 1003, for an individual identified by

initials M.C., which included but was not limited to the

materially false representations that M.e. intended to reside in

a property located at 875 4th Street, and that M.C. earned

$30,000 per month, when in truth and in fact, as the defendant

well knew, M.C. did not intend to occupy the property and did not

earn $30,000 per month.

II

II II II II

II

All in violation of Title 18, United States Code,

Section 1014.

A TRUE BILL.

DATED: August 11, 2010, at Honolulu, Hawaii.

FLORENCE T. NAKAKUNI United States Attorney DistricL--'lc::I":I::--.n

Assistant U.S. Attorney

/s/ Foreperson

FORE PERSON

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