Former Bank Official and Wife Arraigned on Federal Bank Fraud Charges
| U.S. Attorney’s Office November 18, 2010 |
United States Attorney Kenneth J. Gonzales announced that Anthony Moya, 34, and his wife Eunice Moya, 37, both residents of Santa Fe, were arraigned this morning before United States Magistrate Judge Robert Hayes Scott on a federal indictment charging them with bank fraud. The 11-count indictment charges both defendants with eight counts of bank fraud and aiding and abetting bank fraud. The indictment also charges Anthony Moya, the former manager of a branch office of CitiFinancial Inc. in Santa Fe ("CitiFinancial" or "the bank"), with three counts of misapplication by a bank employee.
According to the indictment, between June 2004 and October 2005, Anthony Moya and Eunice Moya devised a scheme to defraud CitiFinancial and obtain the bank's money through the fraudulent use of nominee borrowers. The indictment alleges that the defendant recruited nominee borrowers to sign loan documents for the benefit of persons who did not qualify for bank loans and representing that the nominee borrowers would not be responsible for repaying the loans. After the loans were approved by CitiFinancial, Anthony Moya and Eunice Moya received substantial portions of the loan proceeds which they spent for their own benefit. Counts 1 through 8 of the indictment allege that Anthony Moya and Eunice Moya unlawfully obtained loan proceeds totaling $176,788.99 from the nominee borrowers by facilitating the processing of fraudulent loan applications. Counts 9, 10, and 11 charge Anthony Moya, in his capacity as an official of CitiFinancial, with wilfully misappropriating bank funds in the aggregate amount of $269,721.90.
If convicted of any one of the bank fraud charges, Anthony Moya and Eunice Moya each face up to 30 years’ imprisonment, a maximum $1,000,000 fine and up to five years’ supervised release. If convicted of any one of the misapplication charges, Anthony Moya faces up to 30 years’ imprisonment, a maximum $1,000,000 fine, and up to five years’ supervised release.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Jonathon M. Gerson.