Letitia James Indictment: Right here’s the Prosecution Memorandum for Federal and State Costs | The Gateway Pundit

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A Prosecution Memorandum is an inside authorized doc ready by prosecutors that summarizes the information, regulation, and reasoning supporting (or recommending in opposition to) bringing legal fees.

It isn't filed in courtroom, quite it’s an inside doc the prosecutors use to information decision-making. Beneath is a mock Prosecution Memorandum that would simply be used to think about fees in opposition to New York Legal professional Basic Letitia James.

PROSECUTION MEMORANDUM Re: United States v. Letitia JamesPrepared for: Japanese District of Virginia, U.S. Legal professional’s Workplace, Southern District of New York and Particular Prosecutor’s Workplace

Date: September 21, 2025

I. Introduction This memorandum addresses potential federal, Commonwealth of Virginia, and New York State fees in opposition to Letitia James, Legal professional Basic of New York, arising out of an alleged 43-year sample of mortgage-related fraud and false filings. The investigative reporting of Joel Gilbert (The Gateway Pundit), in addition to Sam Antar (White Collar Fraud), supplies documentary proof and witness evaluation suggesting that James repeatedly misrepresented the authorized standing of her properties, significantly a five-unit condo constructing at 296 Lafayette Avenue in Brooklyn, in addition to a residential dwelling in Norfolk, Virginia to be able to get hold of loans and preferential mortgage phrases she was not entitled to. James is also harboring a wished fugitive within the Virginia dwelling.

If corroborated, these acts represent violations of each federal statutes (financial institution fraud, false statements to monetary establishments, wire fraud, RICO) and New York State statutes (residential mortgage fraud, providing false devices for submitting, scheme to defraud, enterprise corruption).

II. Factual Background A. Early Fraud (1983)

Letitia James and her father, Robert James, obtained a mortgage on a Queens property by falsely figuring out themselves as “husband and spouse.”

Motivation: to reinforce creditworthiness and safe a mortgage Letitia James couldn't have certified for alone at age 24 primarily based on her work and earnings.

B. Brooklyn House Constructing (2001–2019)James bought 296 Lafayette Avenue (legally a five-family dwelling) in 2001.

On at the very least 4 separate mortgage and refinance functions (2001, 2004, 2011, 2019), James declared the property had 4 models, and never 5, to be able to get hold of extra favorable phrases. This misrepresentation:

– Certified James for decrease residential mortgage charges, closing prices, and taxes.– Allowed avoidance of upper business mortgage charges, closing prices, and taxes.– Enabled receipt of a 2011 US Authorities HAMP mortgage, restricted to 1-4 household dwellings, at 2.7% curiosity (saving approx. $44,000 yearly) over her 10% adjustable fee mortgage. James additionally swore a monetary hardship to qualify for this mortgage, regardless of earnings of round $ 14,000 per 30 days.

C. 2021 Residents Financial institution Credit score Line Mortgage

James signed a $200,000 credit score line mortgage with Residents Financial institution.

In mortgage paperwork, James described this property as “1 household dwelling”, opposite to its authorized designation on her 2001 Certificates of Occupancy (5 dwelling models).

Consequence: James prevented $20,000-$30,000 in business mortgage closing prices, appraisal charges, and better rates of interest.

D. Virginia Property Misstatements (2023)

James allegedly designated a Norfolk, Virginia residence as her “major residence” on mortgage filings.

This misrepresentation materially altered underwriting, insurance coverage charges, and mortgage phrases to decrease prices and charges than James was entitled to had she admitted her major residence was in Brooklyn, NY.

E. Harboring a Fugitive (2025)

In her Virginia dwelling, Letitia James allegedly supplies shelter for her niece, a convicted fugitive and Absconder with an lively warrant for arrest in North Carolina.

Authorized Significance: Harboring a fugitive is unlawful. This allegation additionally bolsters the RICO and enterprise corruption claims by displaying an ongoing sample of illegal exercise. It demonstrates James’s willingness to impede justice, additional establishing continuity of corrupt intent.

III. Relevant Federal Regulation

18 U.S.C. § 1014 – False Statements to Monetary Establishments– Every false mortgage software (2001–2021) constitutes a violation.– 2021 Residents Financial institution submitting actionable till June 2026.– Penalty: as much as 30 years per depend. 18 U.S.C. § 1344 – Financial institution Fraud– Sample of acquiring loans by materially false pretenses.– Predicate acts embrace misrepresentations of unit counts and residency.– Penalty: as much as 30 years. 18 U.S.C. §§ 1341 & 1343 – Mail and Wire Fraud– Transmission of false mortgage functions by means of mail/digital methods.– Penalty: as much as 20 years per depend. 18 U.S.C. §§ 1961–1968 – RICO– “Sample of racketeering exercise” demonstrated by a number of financial institution/wire fraud acts inside 10 years.– Enterprise: ongoing possession/financing of 296 Lafayette Avenue.– Penalty: as much as 20 years (or life if underlying penalties apply). 18 U.S.C. § 1071“Harboring a Fugitive” is an act of knowingly harboring or concealing an individual to be able to forestall their discovery or arrest.– Penalty: as much as 5 years imprisonment.

IV. Relevant Commonwealth of Virginia Regulation

Penal Regulation § 18.2-472 – Harboring a Fugitive– Harboring in Virginia makes somebody an adjunct after the actual fact, a Class 1 misdemeanor– Penalty: As much as 12 months jail and a $2,500 effective. Penal Regulation 18.2-186. False statements to acquire property or credit score– Making a materially false assertion in writing with intent that it's relied on to be able to procure a mortgage or credit score is grand larceny, a felony.– Penalty: Imprisonment of 1 to twenty years.

V. Relevant New York State Regulation

Penal Regulation § 187.20 – Residential Mortgage Fraud, Second Diploma– Fraud over $50,000; Class C felony, 15-year max.– Applies to 2011 HAMP mortgage, 2019 refinance, 2021 Residents Financial institution credit score line. Penal Regulation § 175.35 – Providing a False Instrument for Submitting (First Diploma)– False mortgages recorded with Kings County Clerk.– Every doc a separate Class E felony (as much as 4 years). Penal Regulation § 190.65 – Scheme to Defraud (First Diploma)– Systematic misrepresentations to a number of monetary establishments over 20 years.– Class E felony (as much as 4 years). Penal Regulation § 460.20 – Enterprise Corruption– New York’s “mini-RICO.”– 20+ years of fraudulent acts in furtherance of an enterprise (property possession/financing).– Class B felony, 25-year max.

VI. Sample and Continuity Courts require greater than remoted misconduct to maintain RICO or enterprise fees. Right here, nonetheless, Letitia James’s unlawful acts span:– 1983 (father mortgage misrepresentation).– 2001–2019 (a number of false filings on 296 Lafayette).– 2011 (fraudulent HAMP software “4-family dwelling”).– 2021 (Residents Financial institution “1-family dwelling” declare).– 2023 (Virginia major residence misrepresentation).

This timeline demonstrates continuity and persistence – a defining hallmark of enterprise-based fraud. Older acts, although time-barred, stay admissible as background proof and to show intent.

VII. Potential Defenses

Statute of Limitations – Conduct previous to 2015 could also be time-barred. Nonetheless, 2019 and 2021 filings are inside federal 10-year and state 5-year limits. No Monetary Hurt – Defendant might argue banks have been repaid.Counter: James herself argued within the Trump case that fraud exists no matter financial institution losses, and any misstatement is a grave crime. Clerical Error Protection – Attainable declare of “mistaken unit counts.”Counter: consistency of false statements throughout a long time undermines inadvertence. No Intent – Attainable declare of “Didn’t know the legal guidelines”.Counter: James was an legal professional very accustomed to actual property regulation given her many public statements in assist of tenants and owners, and the authorized actions of her workplace suing actual property corporations to implement New York actual property regulation over years. She knew the regulation. Rarity of Prosecutions – Rarity of prosecution has no authorized weight. Political Retribution – Retaliation claims are practically unimaginable to show with out onerous proof of discriminatory focusing on.

VIII. Trial Technique Documentary Proof: Public paperwork, Mortgage functions, Certificates of Occupancy, ACRIS filings (Brooklyn), Insurance coverage paperwork.Knowledgeable Witnesses: Investigator Joel Gilbert, Forensic Accountant Sam Antar, mortgage underwriters, former financial institution officers.

Sample Proof: Reveal James’s long-running scheme, distinction together with her public statements that “nobody is above the regulation.”

Jury Enchantment: Leverage hypocrisy – prosecutor of Trump accused of the identical frauds she claimed have been per se unlawful.

VIII. Conclusion Primarily based on the proof, there's a sturdy foundation for prosecution below each federal and New York regulation. Essentially the most compelling fees are:

– Federal: False Statements to Monetary Establishments (§ 1014), Financial institution Fraud (§ 1344), RICO (§ 1962), Harboring a Fugitive– State: Residential Mortgage Fraud (§ 187.20), Providing a False Instrument (§ 175.35), Enterprise Corruption (§ 460.20).

There exists greater than a adequate foundation to proceed with fees, guaranteeing that the maxim that “nobody is above the regulation”.

The proof offered on this Prosecution Memorandum demonstrates a constant sample of misrepresentation and fraud spanning greater than 4 a long time by Letitia James. James’s actions reveal a deliberate scheme to take advantage of mortgage classifications, rates of interest, and authorities packages, leading to substantial private profit on the expense of each lenders and the integrity of the monetary system.

From the early mortgage obtained below false pretenses in 1983, to the repeated understatement of unit counts at 296 Lafayette Avenue, to the newer Residents Financial institution credit score line and Virginia residence misrepresentations, and the harboring of a fugitive, the proof establishes continuity and intent for illicit monetary achieve. Such conduct, if confirmed in courtroom, squarely meets the weather of each federal financial institution fraud statutes and New York’s parallel enterprise corruption legal guidelines.

Joel Gilbert is a Los Angeles-based movie producer and president of Freeway 61 Leisure. He's the producer of the brand new movie Roseanne Barr Is America. He's additionally the producer of: Goals from My Actual Father, The Trayvon Hoax, Trump: The Artwork of the Insult, and plenty of different movies on American politics and music icons. Gilbert is on Twitter: @JoelSGilbert.