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lite.cnn.com - on gopher - inofficial | |
ARTICLE VIEW: | |
Trump has accused Fed Governor Lisa Cook of mortgage fraud. Here’s | |
what that is | |
By Jeanne Sahadi, CNN | |
Updated: | |
9:13 AM EDT, Wed September 10, 2025 | |
Source: CNN | |
As part of his effort to gain control over the Federal Reserve, | |
President Donald Trump is attempting to fire Fed Governor Lisa Cook | |
based on allegations that she may have committed mortgage fraud. | |
No charges have been filed against Cook as of this writing. But just | |
before Labor Day, she challenging Trump’s effort to remove her. On | |
Tuesday night, a , finding that on first look Cook’s claim that she | |
was improperly fired is a valid one and that it violated her rights | |
under the Fifth Amendment | |
Meanwhile, the Department of Justice last week an investigation into | |
the matter, according to reports. | |
There are many types of mortgage fraud. The perpetrator could be any | |
person or company involved in the mortgage transaction, such as the | |
homebuyer, lender, mortgage broker or appraiser. Or it could be carried | |
out by investors or criminal rings using “straw buyers” who agree | |
to be the official purchaser of a property to secure the mortgage. | |
But based on what is known of the administration’s allegations, it | |
appears the accusation is that Cook may have committed what’s known | |
as “occupancy fraud” pertaining to mortgages she had on — one in | |
Ann Arbor, Michigan, and one in Atlanta. | |
What is occupancy fraud? | |
At the federal level, someone commits occupancy fraud when they falsely | |
declare a property will be their primary residence in order to obtain a | |
mortgage tied to a federally insured bank or credit union or to | |
federal government agencies, like the Federal Housing Administration. | |
Occupancy fraud was the most common type of mortgage fraud during the | |
mid-2000s housing bubble, according to the US Treasury’s . And a 2023 | |
report from the found that such fraud wasn’t limited to the housing | |
bubble, “but also persists through more recent times.” | |
Why is falsely declaring a ‘primary residence’ a big deal? | |
Typically, a person seeking a mortgage for a primary residence is more | |
likely to get a lower interest rate — with less stringent credit | |
requirements and a smaller down payment — than they would for a | |
second home or an investment property. | |
That’s because mortgages on primary residences typically have lower | |
delinquency rates than mortgages for other property purchases. | |
For instance, “with a second property you may only get a 15-year loan | |
at a higher interest rate and be required to have a higher credit | |
score,” said criminal defense attorney Jeffrey Buehner, who has | |
represented clients accused of white-collar crime, including mortgage | |
fraud. (Buehner noted he is not connected to nor commenting on the | |
situation between the president and Cook.) | |
How is occupancy fraud classified and what are the penalties? | |
Under federal law, occupancy fraud is a felony. If someone is found | |
guilty, they could face up to 30 years in prison and up to $1 million | |
in fines. | |
(Depending on state law, it also could be subject to prosecution in the | |
jurisdiction where the fraud is alleged to have occurred, Buehner | |
said.) | |
But if prosecuted under the federal statutes, the extent of the | |
punishment may fall far short of the maximum sentencing and fine | |
guidelines. | |
“The penalties are driven by the loss amount,” said Christine | |
Adams, a civil and criminal defense attorney who used to work as a | |
federal prosecutor on complex fraud matters, including mortgage fraud, | |
for the United States Attorney’s Office in the Central District of | |
California. Like Buehner, Adams is not connected to the Trump-Cook | |
situation. | |
In other words, did a person’s false statement influence the | |
lender’s or federal agency’s decision to make a loan they otherwise | |
wouldn’t have made? And did any entity involved lose money as a | |
result? If so, was it a large amount? | |
During her time as a federal prosecutor, Adams said that her office | |
would only take on cases in which the losses exceeded amounts specified | |
under federal guidelines in place at the time. | |
How can prosecutors prove occupancy fraud? | |
If a person is charged with occupancy fraud, the prosecution must show | |
beyond a reasonable doubt that a defendant committed the crime, Buehner | |
said. | |
How that is done depends on the particulars of a case. But one way a | |
prosecutor might approach it, Adams said, is “you’ll talk to | |
whoever spoke to the person who secured the loan. What did they say to | |
you? Those are admissions. You will look at emails, text messages and | |
all their conduct. Did they do or say anything that indicated they knew | |
(what they did) was wrong?” | |
And, she added, it could mean tying together facts of their life to | |
show it’s unlikely they didn’t falsely and intentionally declare a | |
property a primary residence. “It could be ‘You bought this home in | |
Park City, but you live and work in Pasadena and your kids go to school | |
there.’” | |
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