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November 28, 2009

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Hearing delayed for 2 mortgage brokers accused of fraud

Monday, Nov. 10, 2008 | 2:50 p.m.

The preliminary hearing for two Henderson residents accused of mortgage fraud has been pushed back to March because of the defense attorney's involvement in the O.J. Simpson trial in October.

Assistant Chief Deputy Attorney General John Kelleher also said the FBI is still trying to track down Jeffrey Brown, 48, who officials believe fled to the Philippines.

Brown and Cindy Birkland, 39, face multiple felony theft counts and racketeering charges in connection with information used in loan applications. They are accused of inflating home values using fraudulent appraisals, falsifying loan documents, inflating buyers' income, forging signatures on checks and loan documents, and submitting bogus invoices to obtain loan proceeds.

They are accused of doctoring information at the Sapphire Mortgage office in Henderson in order to secure larger loan payments, which in turn landed their clients in financial hardship.

The preliminary hearing in Las Vegas Justice Court was originally scheduled for August, and then Oct. 15. It is now set for 9 a.m., March 16 before Las Vegas Justice of the Peace Abbi Silver.

"Our hope was that we'd be able to have (Brown) back in Nevada in time to conduct the preliminary hearing against both defendants," Kelleher said

Birkland's attorney Gabriel Grasso did not return repeated calls for comment. Birkland has proclaimed her innocence on the Web site justiceforcindy.com, on which she solicits donations for her defense. On the Web page, she says mortgage brokers all over the country are finding themselves under attack.

Dave Clark can be reached at 990-2677 or dave.clark@hbcpub.com.

Discussion: 7 comments so far…

  1. I'm a twenty five year mortgage broker and I am not under attack.

    I don't think the FBI comes looking for you unless there is smoke amidst the fire.

    Cindy, I will look at your site with an open mind, and I do wish you well.

  2. Cindy, I saw your web page, and thanks a lot.
    I do not see any side of your story except that mortgage brokers are under fire and you need money. I know many, many mortgage people and they are not under fire. If one has no allegations then there are no authorities looking at them.
    Your website would be more credible if you stated your side a bit and maybe you prefer to not do so on a public page, and I still wish you the best of luck. These are hard times without having to contend with the government looking at us. Still I would be interested to know what you did and did not do. I again wish you the best, I just wish I knew you were innocent of any allegations.

  3. That all said, those are some pretty hefty allegations.

  4. I know dealing with lawyers can be a costly pain, but at the end of the day, if you are innocent of the charges, then no worries.

  5. I am a former employee of Sapphire Mortgage and worked closely with Cindy Birkland. I was fired from the company in October 2007, because I refused to fabricate invoices and search the state website for contractor licenses to aid in the fabrication of the invoices. Jeffrey Brown had an office at Sapphire Mortgage - a week before my firing, Jeffrey Brown had asked me to aid his assistant with forging of signatures - which I refused. It was common knowledge in the office that this was being requested. Last year, I left a message to offer any information that I had, but no one returned my calls. Hopefully, this comment will fall into the right hands and I will be contacted.

  6. this B**** screw me i hope she burns in H*** i never saw my application the first time i saw it when i requested from the lender she inflated my income she never ask for my check stub and w2 f her

  7. i bet almost half the application are fraud by so call "mortgage broker" borrower should get there copy of application under respa law don't look right or if they don't have knowledge of what on application file complaint to district attorny it time for borrower to fight until they can't no more

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