Former Bank President and Real Estate Developer Charged with Conspiracy to Commit Bank Fraud

According to the bill of information, however, beginning in 2005, it became difficult for HARPER and FOUQUET to identify qualified home buyers to obtain permanent mortgages. As a result, HARPER and FOUQUET developed various methods to avoid reporting the delinquency on the loans made by HARPER, on behalf of First Community Bank, to FOUQUET and/or his companies. One method used by the defendants, according to the bill of information, included HARPER making “loans” to the prospective home buyers to make it appear to the permanent mortgage lender they were trying to qualify that the prospective home buyer had more funds on hand than they actually did. Another method employed by the defendants, according to court documents, was to use “nominee” loans or “straw” borrowers to sign up for new First Community Bank loans, authorized by HARPER, the proceeds of which were then utilized to pay off the original loans made to FOUQUET and/or his companies. Finally, another method used by the defendants to avoid reporting the delinquency of these loans, according to the Bill of Information, included FOUQUET presenting HARPER with insufficient checks (i.e. a check not backed up with sufficient funds) and HARPER accepting them, crediting the loan payment in First Community Bank’s books and records, despite knowing the check was insufficient.

The fraudulent methods employed by the defendants, as set forth in court documents, led to a false call report (a report of First Community Bank’s financial health), which impacted an application undertaken by the bank to receive funds from the Troubled Asset Relief Program (TARP), a program administered by the United States. Ultimately, according to the bill of information, when the wrongdoing employed by the defendants was uncovered, First Community Bank suffered severe financial losses.