United States v. Thomas

227 F. Supp. 3d 981, 2016 U.S. Dist. LEXIS 63955, 2016 WL 2851575
CourtDistrict Court, N.D. Illinois
DecidedMay 16, 2016
DocketNo. 15 C 6355
StatusPublished

This text of 227 F. Supp. 3d 981 (United States v. Thomas) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Thomas, 227 F. Supp. 3d 981, 2016 U.S. Dist. LEXIS 63955, 2016 WL 2851575 (N.D. Ill. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

Elaine E. Bucklo, United States District Judge

In 2012, Donell Thomas (“Thomas”) was sentenced to ninety-four months in prison after being convicted on charges of wire fraud and identity theft. Having unsuccessfully challenged his conviction on direct appeal, Thomas has filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255. For the reasons stated below, the motion is denied.

I. Background

Thomas’s Scheme

Thomas’s wire fraud charges stem from his participation from 2008 to 2010 in a scheme involving short-term real estate sales in the Chicago area. Typically, these sales—so-called “A-to-B, B-to-C” transactions—involve an owner (A), who sells his property to a real estate investor or agent (B), who in turn resells the property immediately for a profit to an end-purchaser (C). A portion of the profit is then passed on to the lender. To ensure repayment, lenders in these transactions typically require that the back-end, B-to-C sale take place shortly after, or simultaneously with, the A-to-B sale, and that the lender’s funds for the A-to-B transaction not be disbursed until the title company receives the funds for the B-to-C transaction.

Thomas obtained loans for A-to-B purchases by falsely representing to lenders that the B-to-C transactions were already in place. In point of fact, if Thomas ever found purchasers for the B-to-C sales, it was not until weeks or months after the A-to-B sale. Although lenders believed that their funds would not be released from escrow until the B-to-C transactions had been completed, Thomas worked with Jon Orozco (“Orozco”), a closing agent at Chicago Abstract and Title Company, who would release the funds without the lenders’ knowledge. Instead of paying off lenders with the proceeds from B-to-C sales, Thomas effectively orchestrated a Ponzi scheme, obtaining additional loans for A-to-B sales of the same properties. (The latter loans, too, were based on misrepresentations to lenders that B-to-C sales for the properties had been arranged). Thomas then used the proceeds from the- second loan to repay the initial lenders and pocketed a portion for himself.

[983]*983The South Langley Property and the Aggravated Identity Theft Charge

While Thomas’s wire fraud charges were based on his misrepresentations regarding the B-to-C sales, his identity theft charge was based on an incident in which he additionally made misrepresentations regarding an A-to-B transaction. In October 2008, Thomas sought a $1,050,000 loan for the purported A-to-B purchase of a property on South Langley Avenue in Chicago (the “South Langley property”). Thomas prepared documents that listed “Oscar Corona” as the seller of the property and that bore Corona’s signature. Corona was a bona fide investor from whom Thomas had purchased properties in the past, but Corona was not the owner of the South Langley property, and he had no idea that Thomas had used his name or forged his signature in order to procure a loan for the purported purchase of the property.

The Evolution of Thomas’s Scheme

Near the end of 2008, Chicago Abstract and Title fired Orozco after discovering his fraudulent activity. As a result, Thomas began creating aliases and phony email addresses that mimicked those associated with legitimate title companies. Using these false identities, Thomas led lenders to believe that they were working with employees from genuine title companies such as Forshay Land and Title Company and Regent Title.

For example, in November and December 2009, Thomas sought a $325,000 loan from an individual investor named Jodi Funke (“Funke”) for the purchase of a property on Gladys Avenue in Chicago. Thomas initially used the name “E. Justin Cox” in corresponding with Funke by phone and email. When Funke requested information regarding the closing agent for the deal, “Cox” told her that she would be contacted by “Michelle Martin” of For-shay Title. Funke then began receiving emails from someone purporting to be Michelle Martin and using the email address “miehellem@forshayillinois.com.” Funke later wired $325,000 for the purchase of the Gladys Avenue property. She was never repaid.

The End of Thomas’s Scheme

Thomas’s scheme finally began to unravel in June and July of 2010. At that time, Thomas used the name “Carrie Jonjevic” to contact a prospective lender named Bryant Marks (“Marks”) of JV Funding in Hawaii. Marks later received an email from an individual identifying himself as “Chad J. Marks,” using the email address “Chad@Regentllinois.com,” who claimed to be the senior closing officer of Regent Title. When Marks eventually became suspicious and contacted Regent Title directly, he learned that the company had no employee by the name of “Chad Marks.” Marks and Regent Title then began working with law enforcement authorities. Marks continued to correspond with “Carrie Jonjevic” and “Chad Marks,” pretending that he intended to proceed with the loan. Marks later met with Thomas at Regent Title for the closing. After the deal was completed, Thomas was arrested by FBI agents.

In all, Thomas obtained more than $38,000,000 in funding from five different lenders for more than eighty real estate transactions. Some of the lenders ultimately received their investments back through Ponzi payments, but three did not: Coastal Funding of Washington (“Coastal Funding”) lost $1,370,000; First Funding Source of Colorado (“First Funding’’) lost $2,420,000; and Jodi Funke lost $325,000.

Procedural History

In September 2010, Thomas was indicted on wire fraud charges in violation of 18 U.S.C. § 1343.' In superseding indictments, he was charged with additional counts of wire fraud, and with a single count of aggravated identity theft in violation of 18 [984]*984U.S.C. § 1028A(a)(l). In July 2012, Thomas went to trial along with Lamar Chapman III, who had posed as Thomas’s legal counsel during the scheme. The jury found both defendants guilty on all counts. I sentenced Thomas to seventy months’ imprisonment on the wire fraud charges (the sentences to run concurrently), and twenty-four months’ imprisonment on the aggravated identity theft charge (the sentence to run consecutively with the fraud sentence). Thomas’s conviction was affirmed on direct appeal. See United States v. Thomas, 763 F.3d 689, 693 (7th Cir. 2014). He now raises a collateral challenge to his conviction and sentence under § 2265.

II. Discussion

Relief under § 2255 is reserved for extraordinary situations. See, e.g., Hays v. United States, 397 F.3d 564, 566 (7th Cir. 2005). To obtain relief under § 2255, a convicted defendant “must show that the district court sentenced him ‘in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such a sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack.’ ” Harris v. United States, 366 F.3d 593, 594 (7th Cir.

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Bluebook (online)
227 F. Supp. 3d 981, 2016 U.S. Dist. LEXIS 63955, 2016 WL 2851575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-thomas-ilnd-2016.