A former Massachusetts attorney and his wife were indicted on Tuesday in Boston federal court in connection with various mortgage fraud schemes.

Barry Wayne Plunkett Jr., 60, and Nancy Plunkett, 55, both of Hyannis Port, were indicted on five counts of bank fraud and one count of aggravated identity theft, according to a statement from the U.S. attorney’s office. Barry Wayne Plunkett Jr. was also charged with one count of tax evasion.

According to the indictment, Barry Wayne Plunkett Jr., who was disbarred in October 2017, owned and operated the Plunkett Law Firm, and Nancy Plunkett was his office assistant and paralegal.

The indictment alleges that the defendants engaged in several bank fraud schemes. In one scheme, from September 2012 to July 2016, the defendants allegedly defrauded six mortgage lenders and 14 homeowners whose closings for new mortgage loans to refinance residential properties were being handled by the Plunkett Law Firm.

The defendants informed the mortgage lenders that pre-existing mortgages were paid off from the new loan proceeds when, in fact, the Plunketts had intentionally failed to pay off the prior liens and instead converted more than $900,000 in payoff funds for their own purposes, according to the U.S. attorney’s statement.

In other bank fraud schemes between April 2015 and March 2018, the Plunketts fraudulently used various names, entities and false documents to obtain three successive mortgage loans on their home in Hyannis Port in amounts of $412,000, $470,000 and $1.2 million, according to the U.S. attorney’s statement. The defendants pledged as collateral a property in Hyannis Port that was held in a family trust for which Barry Wayne Plunkett Jr. was one of three beneficiaries. Both defendants allegedly participated in providing false documents to the lenders, including false title reports and other records to falsely represent that the property was free and clear of existing mortgage liens and forged documents in the names of other people.

The defendants also allegedly misrepresented to a lender that Nancy Plunkett was a single woman living in Wellesley who was purchasing the property in her maiden name as a business investment when, in fact, the defendants had been married since 2014 and the property was their residence.

The charge of bank fraud provides for a sentence of up to 30 years in prison, five years of supervised release and a fine of $250,000. The charge of tax evasion provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000.  The charge of aggravated identity theft provides for a mandatory two-year sentence to be served consecutively to any other sentence imposed.

Former Attorney, Wife Indicted in Mortgage Fraud Scheme

by Banker & Tradesman time to read: 2 min
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