Phase 4 • Criminal Referral

DOJ Criminal Referral

Request for Federal Prosecution from Department of Justice

Template Type
Prosecution Request
Filing Method
DOJ Criminal Division / U.S. Attorney
Primary Focus
RICO Enterprise Prosecution
Complexity
High

Critical Warning

This is a formal request for federal criminal prosecution. All statements must be truthful and fully documented. The DOJ has complete prosecutorial discretion - not all referrals result in prosecution. False statements to federal agencies are crimes under 18 U.S.C. § 1001.

Purpose and Effect

This template formally requests that the Department of Justice Criminal Division investigate and prosecute the subjects for federal crimes. Unlike the FBI complaint (which requests investigation), this referral specifically requests prosecution, grand jury proceedings, and criminal charges.

Relevant DOJ Divisions

  • Criminal Division - Fraud Section: Handles financial institution fraud, mortgage fraud, securities fraud
  • Criminal Division - Organized Crime Section: RICO prosecutions and enterprise cases
  • U.S. Attorney's Office: District-level prosecution for local cases
  • Civil Rights Division: If discriminatory practices are involved

DOJ Criminal Referral Template

UNITED STATES DEPARTMENT OF JUSTICE
Criminal Division - Fraud Section
Criminal Referral and Request for Prosecution

Via: Certified Mail, Return Receipt Requested

Date: [DATE]

TO:
Assistant Attorney General, Criminal Division
U.S. Department of Justice
950 Pennsylvania Avenue NW
Washington, DC 20530

AND:
United States Attorney
[DISTRICT NAME] District of [STATE]
[U.S. ATTORNEY OFFICE ADDRESS]

FROM:
[YOUR FULL LEGAL NAME]
[YOUR ADDRESS]
[YOUR PHONE]
[YOUR EMAIL]

RE: Criminal Referral - Request for Federal Prosecution
Subjects: [SERVICER NAME], et al.
Crimes: RICO, Bank Fraud, Wire Fraud, Mail Fraud

I. Introduction and Request

I am submitting this formal criminal referral to request that the Department of Justice open a criminal investigation and initiate prosecution against the subjects named herein for violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), bank fraud, wire fraud, mail fraud, and related federal offenses.

The criminal enterprise described herein has victimized me and, upon information and belief, thousands of other American homeowners through a systematic scheme of document fabrication, fraud upon the courts, and unlawful debt collection.

II. The Criminal Enterprise

The RICO Enterprise consists of:

  1. Mortgage Servicer:
    Name: [SERVICER NAME]
    Address: [ADDRESS]
    Role: Claims right to service alleged debt without proof of authority; directs and orchestrates fraudulent collection activity
  2. Foreclosure Trustee:
    Name: [TRUSTEE NAME]
    Address: [ADDRESS]
    Role: Executes foreclosure proceedings based on fraudulent documents
  3. Foreclosure Law Firm:
    Name: [LAW FIRM NAME]
    Address: [ADDRESS]
    Role: Files court documents containing known false statements; perpetuates fraud upon the courts
  4. Document Preparation Company:
    Name: [DOCUMENT PREP COMPANY, if known]
    Role: Fabricates, robo-signs, and backdates mortgage documents
  5. Claimed Trust/REMIC:
    Name: [TRUST NAME]
    Role: Named as purported owner despite irregular or non-existent transfers
III. Pattern of Racketeering Activity

The enterprise has engaged in at least the following predicate acts constituting a pattern of racketeering activity:

  1. Mail Fraud (18 U.S.C. § 1341) - Multiple Instances:
    • [DATE]: Mailed fraudulent notice of default claiming authority to collect
    • [DATE]: Mailed collection letters with false creditor representations
    • [DATE]: Mailed notice of trustee sale based on fabricated documents
    • [ADDITIONAL INSTANCES]
  2. Wire Fraud (18 U.S.C. § 1343) - Multiple Instances:
    • Electronic transfer of fabricated mortgage documents
    • Electronic filing of false court documents
    • Wire transfers extracting payments under false pretenses
    • [ADDITIONAL INSTANCES]
  3. Bank Fraud (18 U.S.C. § 1344):
    • Scheme to obtain money through false representations to courts and homeowners
    • False claims of ownership/authority to extract payments
IV. Specific Criminal Conduct

A. Document Fabrication and Forgery

The enterprise has manufactured mortgage documents including:

  • Backdated assignments of mortgage executed after trust closing dates
  • Robo-signed documents bearing signatures of known "robo-signers"
  • Fabricated endorsements on promissory notes
  • False notarizations of documents never properly executed

Evidence: [DESCRIBE SPECIFIC DOCUMENTS - dates, signers, irregularities]

B. Fraud Upon the Courts

The enterprise has filed documents in court containing false statements:

  • False affidavits claiming personal knowledge of loan history
  • Fabricated business records presented as authentic
  • Misrepresentations of chain of title and ownership

Case: [CASE NUMBER AND COURT]

C. Unlawful Debt Collection

The enterprise has attempted to collect amounts not legally owed:

  • Collection without proof of authority or ownership
  • False representations of creditor status
  • Failure to validate debt upon proper demand
V. Evidence Summary

The following evidence supports this referral:

  1. Qualified Written Requests: Sent [DATE], no adequate response received
  2. Debt Validation Demands: No validation provided within statutory period
  3. Chain of Title Analysis: Shows gaps, backdating, and irregular transfers
  4. Document Analysis: Robo-signed documents, forged signatures identified
  5. Court Records: False statements in pleadings and affidavits
  6. Affidavit of Truth: Sent [DATE], unrebutted by subjects
  7. FBI Complaint: Filed [DATE], Reference No. [NUMBER if available]
VI. Requested Prosecutorial Action

I respectfully request that the Department of Justice:

  1. Convene a Grand Jury to investigate the criminal enterprise and return indictments
  2. Bring Criminal Charges including:
    • RICO (18 U.S.C. § 1962) against all enterprise participants
    • Bank Fraud (18 U.S.C. § 1344)
    • Mail Fraud (18 U.S.C. § 1341) - multiple counts
    • Wire Fraud (18 U.S.C. § 1343) - multiple counts
    • Conspiracy (18 U.S.C. § 371)
  3. Initiate Asset Forfeiture proceedings under 18 U.S.C. § 1963
  4. Seek Restitution for victims of the criminal enterprise
  5. Coordinate Investigation with FBI, SEC, CFPB, and state authorities
VII. Nationwide Impact

This enterprise has affected not only myself but potentially thousands of homeowners nationwide. Evidence of the widespread nature of these practices includes:

  • National Mortgage Settlement (2012) - $25 billion for similar practices
  • CFPB enforcement actions against major servicers
  • State attorneys general actions in multiple states
  • Prior criminal referrals and prosecutions for robo-signing

Federal prosecution would protect the public, deter future criminal conduct, and serve the interests of justice.

VIII. Declaration

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct to the best of my knowledge, information, and belief. I am prepared to cooperate fully with any investigation or prosecution.

Respectfully submitted,

[YOUR SIGNATURE]

_________________________________
[YOUR PRINTED NAME]
Date: [DATE]

Enclosures

Exhibit A: FBI Complaint and Confirmation
Exhibit B: Qualified Written Requests and Responses
Exhibit C: Chain of Title Analysis
Exhibit D: Document Fabrication Evidence
Exhibit E: Court Filings with False Statements
Exhibit F: Affidavit of Truth (Unrebutted)
Exhibit G: [ADDITIONAL EXHIBITS]

RICO Criminal Penalties

Violations of 18 U.S.C. § 1962 carry:

Submission Checklist

Strategic Considerations

DOJ prosecution decisions involve many factors beyond the merits of individual cases. Strengthen your referral by documenting connections to known patterns of abuse, referencing prior settlements and enforcement actions, and emphasizing the systemic nature of the violations.

Filing concurrently with the FBI, CFPB, SEC, and state AG creates cross-references that may increase visibility and priority.

← FBI Criminal Complaint CFPB Complaint →