Nadin Samnang Indictment

Case 1:11-cr-00575-GBL Document 1
Filed 12/13/11 Page 1 of 15 PageID# 1
IN THE UNITED STATES DISTRICT COURT FOR

EASTERN DISTRICT OF VIRGINIA
Alexandria Division UNITED STATES OF AMERICA
Case No. l:ll-CR-575
Count 1: Conspiracy (18U.S.C. 1349)

Counts 2-10: Wire Fraud
NADIN SAMNANG,
(18U.S.C.1343&2)
Counts: 11-12: Mail Fraud
Defendant.
(18U.S.C. 1341 &2)

Forfeiture Notice
INDICTMENT
December 2011 Term - at Alexandria, Virginia

COUNT 1
(Conspiracy)
THE GRAND JURY CHARGES THAT:
Unless otherwise noted, at all times material to this Indictment:

I.
BACKGROUND
1.
The defendant NADIN SAMNANG was a resident of Loudoun County, Virginia.
SAMNANG was a real estate agent, licensed bythe Commonwealth of Virginia, with Monorom
Realty and Fairfax Realty, both in Fairfax County,Virginia. SAMNANG was also the owner
and operator of NDS Title, LLC, in Herndon, Virginia, and of a business known as NVEST
Group, LLC.
2.
An unqualified buyer was an individual for whom materially false information
was provided, or for whom material information was omitted, on loan application materials in
order to qualify the individual for a mortgage loan for which the individual would not otherwise
have qualified.
II. THE CONSPIRACY
3.
From in or about June 2006 through at least in or about January 2008, within the
Eastern District of Virginia and elsewhere, the defendant

NADIN SAMNANG
did knowingly and intentionally combine, conspire, confederate, and agree with othersknown
and unknown to theGrand Juryto commit certain offenses against the United States, namely:
a. wire fraud, that is, to knowingly devise and intend to devise a scheme and
artifice to defraud and to obtain money andproperty by means of materially false and
fraudulent pretenses, representations and promises, and for thepurpose of executing such
scheme and artifice, to knowingly transmit and cause to be transmitted by means of wire
communications in interstate commerce, any writings, signs, signals, pictures, and

sounds, in violation of Title 18, United States Code, Section 1343; and, b. mail fraud, that is, to knowingly devise and intend to devise a scheme and
artifice to defraud and to obtain money andproperty by means of materially false and
fraudulent pretenses, representations, and promises, and for the purpose ofexecuting such
scheme and artifice, to knowingly cause to be delivered by the United States mail and commercial interstate carriers, according to the directions thereon, any matters and
things, in violation of Title 18, United States Code, Section 1341.
III.
PURPOSES OF THE CONSPIRACY
4.
The primary purposes of the conspiracy were to defraud lenders into lending
funds for the purchase of residential properties and the refinance of loans secured by those properties, and to profit, in part, through loan proceeds, fees, and commissions obtained from
those transactions.
IV. MANNER AND MEANS OF THE CONSPIRACY
SAMNANG and his co-conspirators employed various manners and means in furtherance
of the conspiracy and scheme to defraud, including but not limited to the following: 5. SAMNANG and co-conspirators recruited unqualified buyers, including their
family members, with good credit to serve as nominal purchasers in real estate transactions as
part of a scheme to buy and sell residential properties for profit.
6.
SAMNANG and co-conspirators causedthe unqualified buyers to submit to
mortgage lenders loan application materials that contained materially false and misleading
statements and material omissions, in orderto obtain mortgage loans to purchase the properties
or to refinance such loans, and to obtain home equity lines of credit on the properties.
7. SAMNANG and co-conspirators caused unqualified buyers to be added to bank
accounts controlled by SAMNANG and his co-conspirators in order to make it appear to the
mortgage lenders as if the unqualified buyerspossessed additional assets necessary to qualify

them for mortgage loans on the properties.
8.
SAMNANG caused NVEST Group, LLC, to pay the unqualified buyers' down
payments and buyers' contributions for the purchases of the properties. 9. SAMNANG and co-conspirators created and caused to be created false,
fraudulent, and misleading documents, including verifications of employment, verifications of
rent, and residential lease agreements, intended to corroborate the false information provided on
the loan applications.
10.
SAMNANG, operating through NVEST Group, LLC, took receipt of the
fraudulent loan proceeds at closing and disbursed the fraud proceeds to his co-conspirators.
11. SAMNANG served as the real estate agent on the transactions and received
commission payments, including bonus payments paidby homebuilders selling newly

constructed homes to the unqualified buyers.
12.
SAMNANG, in order to induce unqualified buyers to purchase a home,
represented to them that he wouldarrange to rent the home, refinance the buyers' loans, and sell
the home soon after closing. SAMNANG would further arrange for the seller of a property to
make kickback payments to a buyer that were not disclosed to lenders as part of the transactions.
13. SAMNANG and co-conspirators caused, as part of the residential real estate
transactions, interstate wire transmissions of funds constituting the proceeds of these fraudulently
obtained mortgage loans and commissionsand other payments intended to enrich the
conspirators.
14.
SAMNANG and co-conspirators caused, in order to complete the fraudulent
mortgage loan transactions, checks and other loan documents to be sent by United States mail
and commercial interstate carriers.
V. OVERT ACTS
In furtherance of the conspiracy and to effect its illegal objects, on or about the dates
listed below, in the Eastern District of Virginia and elsewhere, defendant SAMNANG and his
co-conspirators committed the following overt acts, among others:
A. 15.
Property Located at 22997 Fontwell Square, Sterling. Virginia On or about August 31,2006, co-conspirator D.M.A purchased a home located at
22997 FontwellSquare, Sterling, Virginia, for $390,000. In order to the complete the purchase,
D.M.A. submitted to the mortgage lender a uniform residential loan application ("URLA") that
falsely stated that D.M.A. was employed as a senior loan officer for Premier Funding Group earning $14,500 in monthly income and was earning $3,200 in monthly rental income.
16. On or about September 3,2006, SAMNANG caused the seller, S.N., to issue a
check made payable to D.M.A. in the amount of approximately $34,600, which was an
undisclosed kickback from the seller to the buyer of the property.

B. Property Located at 15673 William Bavliss Court. Woodbridee. Virginia
17.
On or aboutNovember 16,2006, SAMNANG added J.H., an unqualified buyer,
to his personal SunTrust Bank money market account to make it appear as if J.H. had additional
assets necessary to qualify for a mortgage on a home located at 15673 William Bayliss Court,
Woodbridge, Virginia.
18. On or about December 12,2006, SAMNANG caused URLAs to be submitted to
Access National Mortgage for J.H.'s purchase of 15673 William Bayliss Court thatfalsely and
fraudulently stated that J.H. was paying approximately $2,496 in rent, held a balance in excess of
$39,000 in a SunTrust Bank account, and intended to occupy the property as his primary
residence. The URLAs also failed to disclose J.H.'s purchase, on or about December 11,2006,
of another home.
C.
Property Located at 2168 Armitage Court. Woodbridge. Virginia
19.
In or about January 2007, SAMNANG caused unqualified buyer L.R. to be added
to a co-conspirator's Bank of America account to make it appear as if L.R. had sufficientassets
to qualify for a mortgage loan for the purchase of a newly constructed home located at 2168
Armitage Court, Woodbridge, Virginia.

20. On or about January 8,2007, SAMNANG withdrew $5,000 from a SunTrust
Bank account held in the name NVEST Group, LLC, and purchased an official check payable to
D.R. Horton, the builder of 2168 Armitage Court. The check represented the earnest deposit for
L.R.'s purchase of the property.
21. On or about February 8, 2007, SAMNANG caused URLAs to be submitted to
Amtrust Mortgage Corporation for L.R.'s purchase of 2168 Armitage Court that falsely and fraudulently stated that L.R. had been paying approximately $2,300 in rent and held a balance of
approximately $20,000 in a Bank of America account. D.

22.
Property Located at 1301 Pellow Circle Trail, Herndon. Virginia

On or about January 16, 2007, SAMNANG purchased a home located at 1301
Pellow Circle Trail, Hemdon, Virginia, for $540,000 with 100% financing from Access National
Mortgage. 23. On or about January 22,2007, SAMNANG caused URLAs to be submitted to
Access National Mortgage for unqualified buyer R.P.'s purchase of 1301 Pellow Circle Trail that
falsely stated that R.P. intended to occupy the property as her primary residence; that R.P. was
the owner of J.R. Professional Packing, LLC, earning $16,590 in monthly income; and that R.P.
earned $3,500 in monthly rental income.
24.
On or about January 22,2007, using the fraudulent URLAs, R.P. purchased 1301
Pellow Circle Trail from SAMNANG for $760,000. As the seller, SAMNANG received
approximately $196,686.70 in proceeds from the transaction.
E.
Property Located at 714 Invermere Drive. NE. Leesburg. Virginia
25.
In or about January 2007, SAMNANG and his co-conspirators recruited M.S., an
unqualified buyer, to purchase a home located at 714 Invermere Drive, NE, Leesburg, Virginia,
and owned by D.M. for $750,000.
26.
On or about February 10, 2007, SAMNANG added M.S. to his NVEST Group,
LLC, SunTrust Bank account for the purpose of making it appear that M.S. had sufficient bank
account assets to qualify for a home mortgage on 714 Invermere Drive.
27.
On or about March 6, 2007, SAMNANG, through NVEST Group, LLC, paid the
earnestmoney depositand cash due from M.S. at the closing of M.S.'s purchase of 714
Invermere Drive.
F.
Property Located at 21761 Ladvslipper Square. Ashburn. Virginia
28.
On or about April 19,2007, SAMNANG e-mailed co-conspirator D.M.A., a
property appraiser, and an employee of JDR Title, Inc., a ratified regional sales contract for
unqualified buyer J.S.A.'s proposed purchase of 21761 Ladyslipper Square, Ashburn, Virginia,
for $459,000.
29.
On or about May 10,2007, SAMNANG caused a URLA to be submitted to Flick
Mortgage Investors, Inc., for the purchase of 21761 Ladyslipper Square that falsely stated that
J.S.A. was employed as a site supervisor for D & D Home Improvement, was earning $3,200 in
monthly rental income, and held approximately $50,590 on deposit in a SunTrust Bank account.
30.
On or about May 14,2007, SAMNANG caused a wire transfer of approximately
$4,586.72 from his NVEST Group, LLC, SunTrust Bank account to the bank account of JDR
Title, Inc., representing the cash due from J.S.A. at closing.
G.
Property Located at 21828 Ladvslipper Square. Ashburn. Virginia
31.
In or about June 2007, SAMNANG added unqualified buyer J.R. to his personal
SunTrust Bank money market account to make it appear as if J.R. had sufficient assets to qualify for a mortgage loan for the purchase of a home located at 21828 Ladyslipper Square, Ashburn,
Virginia.
32. On or about June 26, 2007, SAMNANG caused a URLA to be submitted to First
Mangus Financial Corporation for the purchase of 21828 Ladyslipper Squarethat falsely and
fraudulently stated that J.R. was employed as an operations manager for D & D Home Improvement, held approximately $42,383 on deposit in a SunTrust Bank account, and intended
to occupy the property as his primary residence.
H.
Property Locatedat 21288 Hidden Pond Place. Ashburn. Virginia
33.
In or about July 2007, SAMNANG offered to assist H.P. to obtain funds by
arranging for a "cash-out" refinance of H.P.'s $153,000 second mortgage loan on a property
located at 21288 Hidden Pond Place, Ashburn, Virginia.
34. On or about July 16,2007, SAMNANG caused a URLA for H.P.'s refinance to be
submitted to Citywide Mortgage Corporation that falsely stated that H.P. was an employee of
INS Movers in Sterling, Virginia, earning $20,500 in monthly income.
35.
On or about July 23, 2007, SAMNANG causedapproximately $142,090.26 in
"cash-out" loan proceeds due to H.P. to be wired from the settlement agent in Maryland to
SAMNANG's NVEST Group, LLC, SunTrust Bank account in Virginia.
I. Property Located at 6710 Selbourne Lane. Gainesville. Virginia
36.
On or about July 6,2007, SAMNANG caused unqualified buyer F.H. to be added
to a co-conspirator's Bank of America account to make it appear as if F.H. had sufficient assets
to qualify for a mortgage loan for the purchase of a home located at 6710 Selbourne Lane, Gainesville, Virginia.
37. On or about August 3,2007, SAMNANG caused a URLA to be submitted to
Aurora Mortgage, LLC, for a mortgage loan for F.H.'s purchase of 6710 Selbourne Lane that
falsely and fraudulently stated that F.H. was employed as a tax manager for Union Hispana Multiservices, LLC, earning $12,550 in monthly income and that F.H. held approximately
$44,471 on deposit in a Bank of America account.
38.
On or about August 6,2007, SAMNANG caused a wire transferof approximately
$14,895.73 from his NVEST Group, LLC SunTrust Bank account to the bank account of JDR
Title, Inc. The funds represented the cash due from F.H. at closing of his purchaseof 6710
Selbourne Lane.
J.
Property Located at 1100 South Sterling Boulevard. Sterling. Virginia
39.
In or aboutNovember2007, SAMNANG added J.A. to his personal SunTrust
Bank money market account to make it appear that J.A. had additional assets in order to qualify
for a loan to purchase a property SAMNANG owned located at 1100 South Sterling Boulevard,
Sterling, Virginia.
40. On or about December 11,2007, SAMNANG withdrew $24,000 from his
personal SunTrust Bank money market account and purchased an official checkpayable to NDS
Title, LLC, which represented the cash due from J.A. at closing.
41.
On or about December 7,2007, using a URLA that contained false information
regarding J.A.'s income, assets and liabilities, and employment position, J.A. purchased 1100
South Sterling Boulevard from SAMNANG for $417,000.
K.
Other Properties
42.
SAMNANG and his co-conspirators committed similarovert acts with respect to
transactions involving other properties, including:

a. b. 18097 Camdenhurst Drive, Gainesville, Virginia; 42986 Coralbells Place, Leesburg, Virginia;
c.
6720 Elder Mill Lane, Gainesville, Virginia;
d.
e.
15500 Exmore Court, Woodbridge, Virginia;

15527 Exmore Court, Woodbridge, Virginia;
f.
g.
105 Forest Ridge Drive, Sterling, Virginia;

2228 Henry Watts Loop, Woodbridge, Virginia;
h. i. j. k. 1. m.
2237 Henry Watts Loop, Woodbridge, Virginia; 2247 Henry Watts Loop, Woodbridge, Virginia; 2257 Henry Watts Loop, Woodbridge, Virginia; 14528 Kentish Fire Street, Gainesville, Virginia; 509 East Skyline Drive, Purcellville, Virginia; 22011 Stone Hollow Drive, Broadlands, Virginia;
n. o.
15662 William Bayliss Court, Woodbridge, Virginia; and, 21932 Windy Oaks Square, Broadlands, Virginia.
(In violation of Title 18, United States Code, Section 1349.)
10
COUNTS 2-10
(Wire Fraud)
THE GRAND JURY FURTHER CHARGES THAT:
1.
From in or about June 2006 through in or about January 2008, in the Eastern
District of Virginia and elsewhere, the defendant

NADIN SAMNANG
knowingly devised and intended to devise a schemeand artifice to defraud mortgage lenders and to obtain money and property by means of materially false and fraudulent pretenses,
representations, and promises.
2.
The scheme and artifice to defraud is set forth in paragraphs 5 through42 of
Count 1 of the Indictment, which are realleged and incorporated by reference, as though fully set
forth herein.
3.
On or about the dates listed for each count below, in the Eastern District of
Virginia and elsewhere, for the purpose of executing the aforementioned scheme and artifice, the
defendant did knowingly cause to be transmitted by means of wire communication in interstate
commerce, certain writings, signs, signals, pictures, and sounds as specified below:
COUNT
2 DATE
DESCRIPTION
1/29/2007
Wire of approximately $5,000 in proceeds from the sale of 1301 Pellow Circle Trail from an NVEST Group, LLC, SunTrust Bank account in Virginia to a Bank of America account in Maryland held by G.D. Wire of approximately $15,000 in proceeds from the sale of 1301 Pellow Circle Trail from an NVEST Group, LLC,
SunTrust Bank account in Virginia to a Bank of America account in Maryland held by G.D.
1/30/2007
5/2/2007
Fax from America's Servicing Company in Iowa to JDR Title, Inc., in Virginia, containing a loan payoff statement, in connection with J.S.A.'s purchase of 21761 Ladyslipper
Square
11
COUNT
5
DATE 6/15/2007
DESCRIPTION
Fax from Countrywide Home Loans in California to JDR
Title, Inc., in Virginia, containing a loan payoff statement, in connection with J.R.'s purchase of 21828 Ladyslipper Square
6 7/23/2007
Wire of approximately $142,090.26 in proceeds from the

refinance of a loan on 21288 Hidden Pond Place from the
Wachovia Bank account of Certified Title Corporation in Maryland to the SunTrust Bank account of NVEST Group,
LLC, in Virginia
7
8/2/2007
Fax from Wells Fargo Home Mortgage in Iowa to JDR Title, Inc., in Virginia, containing a loan payoff statement, in connection with F.H.'s purchase of 6710 Selbourne Lane
8/3/2007
Wire of approximately $455,020.45 from a Wells Fargo Bank

account of First Collateral Services, Inc., in California to a
Burke & Herbert Bank account of JDR Title, Inc., in Virginia,

to fund F.H.'s purchase of 6710 Selbourne Lane
9
12/4/2007
Fax from Wells Fargo Home Mortgage in Iowa to NDS Title, LLC, in Virginia, containing a loan payoff statement for SAMNANG's mortgage on 1100 South Sterling Boulevard Wire of approximately $403,293.17 from a Wachovia Bank account of American Mortgage Network, Inc., in North Carolina to an Alliance Bank account of NDS Title, LLC, in Virginia, to finance the purchase by J.A. of 1100 South Sterling Boulevard
10
12/7/2007
(In violation of Title 18, United States Code, Sections 1343 and 2.)
12
COUNTS 11-12
(Mail Fraud)
THE GRAND JURY FURTHER CHARGES THAT:
1.
From in or about June 2006 through in or about January 2008, in the Eastern
District of Virginia and elsewhere, the defendant

NADIN SAMNANG
knowingly devised and intended to devise a scheme and artifice to defraud mortgage lenders and
to obtain money and property by means of materially false and fraudulent pretenses,
representations, and promises.
2.
The scheme and artifice to defraud is set forth in paragraphs 5 through 42 of
Count 1of the Indictment, which are realleged and incorporated by reference, as though fully set
forth herein.
3.
On or about the dates listed for each count below, in the Eastern District of
Virginia and elsewhere, for the purpose of executing the aforementioned scheme and artifice, the
defendant knowingly caused to be delivered by commercial interstate carriers, according to the

directions thereon, the following matter:
COUNT
11 DATE
DESCRIPTION
6/27/2007
Loan File sent from JDR Title, Inc., in Virginia, to First Mangus Financial Corporation, by Federal Express, in connection with J.R.'s purchase of 21828 Ladyslipper Square
Approximately $220,717.91 check and related documents sent
12
12/12/2007
from NDS Title, LLC, in Virginia, to Wells Fargo Home

Mortgage, by Federal Express, to pay off SAMNANG's mortgage loan for 1100 South Sterling Boulevard (In violation of Title 18, United States Code, Sections 1341 and 2.)
13
FORFEITURE NOTICE
1.
Pursuant to Rule 32.2(a) Fed. R. Crim. P., the defendant

NADIN SAMNANG
is hereby notified that, if convicted of any of the offenses alleged in Counts 1 - 12 of the
Indictment, the defendant shall forfeit to the United States his interest in any property, real or
personal, constituting or derived from proceeds obtained directly or indirectly as the result of the
Count or Counts of conviction. Such forfeitable property includes a sum of money equal to at
least $7,000,000 in United States currency, representing the amount of proceeds obtained as a
result of the offenses. If property subject to forfeiture cannot be located, the United States will seek an order forfeiting substitute property. (In accordance with Title 18, United States Code, Section 981 and Title 28, United States
Code, Section 2461.)
14
A TRUE BILL
Ptat/jojt tothe <: 'CiovanrciMit Aot, the original of this pug: has taen ('';
undersea] u tl Clcrkb QBKc.
FOREPERSON OF THE GRAND JURY

Neil H. MacBride
United States Attorney
By:
Paul J^Nathanson
Assistant United States Attorney Eastern District of Virginia

Counsel for the United States
United States Attorney's Office

2100 Jamieson Avenue
Alexandria, Virginia 22314 Phone: (703)299-3700

Fax: (703)299-3981
Email: paul.nathanson@usdqj.gov
15

Nadin Samnang Indictment

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Case 1:11-cr-00575-GBL Document 1

Filed 12/13/11 Page 1 of 15 PageID# 1

IN THE UNITED STATES DISTRICT COURT FOR

Alexandria Division UNITED STATES OF AMERICA

Case No. l:ll-CR-575

Count 1: Conspiracy (18U.S.C. 1349)

(18U.S.C. 1341 &2)

December 2011 Term - at Alexandria, Virginia

Unless otherwise noted, at all times material to this Indictment:

The defendant NADIN SAMNANG was a resident of Loudoun County, Virginia.

Case 1:11-cr-00575-GBL Document 1

Filed 12/13/11 Page 2 of 15 PageID# 2

An unqualified buyer was an individual for whom materially false information

Eastern District of Virginia and elsewhere, the defendant

communications in interstate commerce, any writings, signs, signals, pictures, and

Case 1:11-cr-00575-GBL Document 1

Filed 12/13/11 Page 3 of 15 PageID# 3

PURPOSES OF THE CONSPIRACY

SAMNANG and co-conspirators causedthe unqualified buyers to submit to

mortgage lenders as if the unqualified buyerspossessed additional assets necessary to qualify

fraudulent, and misleading documents, including verifications of employment, verifications of

Case 1:11-cr-00575-GBL Document 1

Filed 12/13/11 Page 4 of 15 PageID# 4

SAMNANG, operating through NVEST Group, LLC, took receipt of the

commission payments, including bonus payments paidby homebuilders selling newly

SAMNANG, in order to induce unqualified buyers to purchase a home,

SAMNANG and co-conspirators caused, in order to complete the fraudulent

co-conspirators committed the following overt acts, among others:

Case 1:11-cr-00575-GBL Document 1

Filed 12/13/11 Page 5 of 15 PageID# 5

undisclosed kickback from the seller to the buyer of the property.

On or aboutNovember 16,2006, SAMNANG added J.H., an unqualified buyer,

Property Located at 2168 Armitage Court. Woodbridge. Virginia

In or about January 2007, SAMNANG caused unqualified buyer L.R. to be added

to a co-conspirator's Bank of America account to make it appear as if L.R. had sufficientassets

Case 1:11-cr-00575-GBL Document 1

Filed 12/13/11 Page 6 of 15 PageID# 6

Armitage Court, Woodbridge, Virginia.

approximately $20,000 in a Bank of America account. D.

Property Located at 1301 Pellow Circle Trail, Herndon. Virginia

approximately $196,686.70 in proceeds from the transaction.

Case 1:11-cr-00575-GBL Document 1

Filed 12/13/11 Page 7 of 15 PageID# 7

Property Located at 714 Invermere Drive. NE. Leesburg. Virginia

In or about January 2007, SAMNANG and his co-conspirators recruited M.S., an

Property Located at 21761 Ladvslipper Square. Ashburn. Virginia

On or about April 19,2007, SAMNANG e-mailed co-conspirator D.M.A., a

On or about May 10,2007, SAMNANG caused a URLA to be submitted to Flick

On or about May 14,2007, SAMNANG caused a wire transfer of approximately

Title, Inc., representing the cash due from J.S.A. at closing.

Case 1:11-cr-00575-GBL Document 1

Filed 12/13/11 Page 8 of 15 PageID# 8

Property Located at 21828 Ladvslipper Square. Ashburn. Virginia

Property Locatedat 21288 Hidden Pond Place. Ashburn. Virginia

In or about July 2007, SAMNANG offered to assist H.P. to obtain funds by

On or about July 23, 2007, SAMNANG causedapproximately $142,090.26 in

On or about July 6,2007, SAMNANG caused unqualified buyer F.H. to be added

Case 1:11-cr-00575-GBL Document 1

Filed 12/13/11 Page 9 of 15 PageID# 9

On or about August 6,2007, SAMNANG caused a wire transferof approximately

Property Located at 1100 South Sterling Boulevard. Sterling. Virginia

In or aboutNovember2007, SAMNANG added J.A. to his personal SunTrust

On or about December 7,2007, using a URLA that contained false information