White-Collar Crime
Fla. Lawyer in $83M Real Estate Fraud: I Didn’t Think It Was Criminal
Posted Feb 18, 2009 2:09 PM CST
By Martha Neil
Testifying yesterday in a co-defendant's federal mortgage fraud trial in Tampa, Florida attorney John Yanchek admitted that he had repeatedly lied to banks to help his clients get loans that reportedly totaled some $83 million.
His methods included drafting false deeds and a secret joint-venture agreement, preparing two sets of closing documents—one accurate and one fraudulent—and writing letters to banks that falsely stated he was holding deposit money, reports the Sarasota Herald-Tribune.
But Yanchek—who has already accepted a plea deal in his own case—said he was merely following his client's instructions and didn't realize what he was doing was wrong, the newspaper recounts.
"I didn't know at the time I was committing a crime," Yanchek, who practiced in Sarasota, testified yesterday. "I'm not a criminal attorney. I thought I was assisting my client to get loans closed."
He does know, however, that he is likely to lose not only his law license but his freedom when he is sentenced in his own case, he told the court.
Additional coverage:
ABAJournal.com: "Fla. Closing Attorney Pleads in $83M Loan Fraud Case, Could Get 10 Years or Less"
Sarasota Herald-Tribune: "Deal fees may have fueled fraud case"
Sarasota Herald-Tribune: "At Nardelli conspiracy trial, plan called a web of lies"

Comments
B. McLeod
Feb 18, 2009 5:19 PM CST
Actually, it seems quite clear that he was exactly a criminal attorney.
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g. defense
Feb 18, 2009 7:56 PM CST
Wow, great defense! “I’m not a criminal, just completely incompetent.”
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Bill Dugan
Feb 20, 2009 6:48 AM CST
What about the guy from Body Heat? He lived in Florida, he was a lawyer, and he was dumb!
Now we get this dummy from Florida, who’s dumb and a lawyer.
The onlhy thing we’re missing is Kathleen Turner. God, was she ever hot then!
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Freddo
Feb 20, 2009 6:55 AM CST
See, he doesn’t understand the concept of PLAUSIBLE denial.
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B Strock
Feb 20, 2009 8:50 AM CST
I practice real estate law in Florida and never practiced criminal law. I do know that when I read the lender’s closing instructions with each loan that everything he did was unaccpeptable.
And Kathleen Turner was hot and sweaty in that movie.
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Dan H
Feb 20, 2009 9:01 AM CST
Kathleen Turner was also ... Sorry, I was following the wrong string. This will likely turn out to be an example where tax dollars will bail out this type of cunduct instead of forcing the many players involved to pay. The unfortuante focus for us all is that a lawyer held the pen, but what about the lenders who know the true deal, the title companies that certify the lawyer’s conduct and the many brokers who package these loans in the secondary market and just want to see i’s dottted and t’s crossed, and know the loans don’t really pass the smell test?
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Kelly
Feb 20, 2009 10:13 AM CST
Well said #5!
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Kalifornia Arnold
Feb 20, 2009 10:36 AM CST
In deed, he was a real (estate) thief but he should not be held culpable because HE WAS ONLY FOLLOWING ORDERS (ACHTUNG!!)—HE KNEW NOTHING….
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energy guy
Feb 20, 2009 10:54 AM CST
Anybody know if he said it with a straight face? i don’t think I could have . . .
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JohnyLaw
Feb 28, 2009 3:41 PM CST
Definitely a graduate of the University of Miami School of Law, which exclusively hires worthless professors who flaunt big name degrees and even bigger petulance and incompetence.
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JohnyLaw
Feb 28, 2009 3:42 PM CST
Your honor, the client told me to take the candy from the baby. I didn’t know it was wrong.
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