ABC News reported yesterday that U.S. Attorney Erik Siebert may be fired after declining to prosecute New York Attorney General Letitia James for mortgage fraud. According to their sources, despite a five-month investigation that found evidence, Siebert chose not to bring charges.
Whether or not that reporting proves accurate, the evidence itself is overwhelming and deserves to be examined on its merits.
We wrote to Mr. Siebert in our August 9, 2025 article that this case would test whether our justice system applies equally to everyone. We noted: “A Virginia grand jury has already been convened based on mortgage fraud that occurred in your future jurisdiction. The evidence is documented, the witnesses are government employees, and the defendant is using media manipulation to escape accountability.”
While this investigation continues, James spent this week on a media tour—Joy Reid, CBS New York—making claims about the investigation that the evidence contradicts. She claimed you need “intent” for mortgage fraud, yet there’s an email proving intent. She claimed prosecutions are “rare,” yet there’s precedent demanding prosecution. She claimed it was an “error,” yet there’s proof she knew it was false when she signed it.
Mr. Siebert, if ABC’s reporting about your investigation is accurate, you have assembled compelling evidence that demands careful consideration. Let me show you exactly what that evidence reveals and why the law requires prosecution.
THE DOCUMENTARY PROOF THAT DEMANDS PROSECUTION
On August 2, 2023, Letitia James sent an email to her mortgage broker about a Virginia property she was purchasing. The message was unambiguous (Click on any image to view it in a larger size):
“This property WILL NOT be my primary residence.”
The very next day, August 3, 2023, her broker confirmed that James’s role was listed as a “non-occupying co-borrower” and the loan was locked as a “primary residence” product for her niece.
Every other document in the loan file BEFORE the POA: Accurately states James will NOT reside at the property
THEN – The Deliberate False Declaration:
August 17, 2023 – James signed a Power of Attorney under penalty of perjury declaring:
“I HEREBY DECLARE that I intend to occupy this property as my principal residence.”
Game over. This isn’t about complex underwriting requirements or technical mortgage details. This is about a sitting Attorney General who made contradictory sworn statements 15 days apart in the same federal transaction, with written proof of her knowledge that the declaration was false. The Power of Attorney was recorded as part of the official mortgage documentation in Virginia land records, and she never corrected the false primary residence declaration.
Why This Sequence Proves Everything:
ABC News reported in their September 17 article: “every other document in James’ loan file for the mortgage accurately stated that she would not reside at the home” as if this somehow helps her defense.
IT MAKES IT WORSE.
Those accurate documents came FIRST. They prove James knew the truth BEFORE she signed the false POA. This isn’t a mistake that got corrected—it’s accurate documents followed by a deliberate false sworn statement.
The chronology proves premeditation:
- She documented the truth (won’t live there)
- She communicated the truth (to broker)
- Loan documents reflected the truth
- THEN she swore to the opposite under penalty of perjury
This sequence proves intent beyond any reasonable doubt.
The Government Witnesses Who Saw Her Sign:
The POA was witnessed by:
- Jennifer Levy – First Deputy Attorney General, 305 Parkside Ave, Brooklyn NY 11226
- Sharona Parchment – AG Office staff, 41 Pine Street, Staten Island NY 10301
Both signed: “We declare under penalty of perjury that the foregoing is true and correct.”
The POA was also:
- Notarized in person by Julius Crockwell, Notary Public, State of New York
- Executed on August 17, 2023 in New York County, NY
- Filed with the mortgage documents in Virginia land records
What ABC News Admitted About the Investigation:
From their September 17 report:
“Investigators have so far determined that the document — a limited power of attorney form used by James’ niece to sign documents on her behalf when James closed on the home — was never considered by the loan officers who approved the mortgage, sources said.”
But this admission is legally irrelevant. Under United States v. Wells, 519 U.S. 482 (1997), actual consideration or reliance by loan officers is NOT required for conviction under 18 U.S.C. § 1014. The crime is complete when the false statement is made “for the purpose of influencing” – regardless of whether anyone actually reads it or relies on it.
And crucially:
“Every other document in James’ loan file for the mortgage accurately stated that she would not reside at the home.”
This is an admission that the investigation confirmed:
- The false POA exists ✓
- James knew the truth (other documents came first) ✓
- She signed the false statement anyway ✓
- It was filed with the mortgage ✓
ABC’S SELECTIVE REPORTING: HIDING THE PATTERN
What ABC News Deliberately Omitted:
In their extensive reporting on the Virginia investigation, ABC News made a telling choice: complete silence about James’s Brooklyn property and its 20-year pattern of mortgage fraud.
ABC’s Coverage:
- ✓ Detailed discussion of Virginia POA
- ✓ Quotes from James’s attorney about Virginia
- ✓ Investigation timeline for Virginia
- ✗ ZERO mention of Brooklyn fraud pattern
- ✗ NO discussion of federal HAMP fraud
- ✗ SILENCE on 20+ years of false statements
Why This Omission Matters:
By focusing solely on Virginia while ignoring Brooklyn, ABC News makes James’s fraud appear to be an isolated incident—one document, one property, one possible “error.”
The reality they’re hiding:
- Brooklyn: 20+ years of systematic fraud (2001-2023)
- Federal HAMP: Defrauded government program (2011)
- Pattern: Three properties across 40 years (1983-2023)
This isn’t journalism—it’s selective reporting designed to minimize a career criminal pattern. One false POA might be an error. Twenty years of false mortgage statements across multiple properties while defrauding federal programs is organized crime.
ABC knows about Brooklyn. They chose to hide it. Ask yourself why.
THE BROOKLYN FRAUD EVERYONE IS DELIBERATELY IGNORING
The Deafening Silence:
June 4: New York’s Attorney General on Pod Save America
- ✓ Discusses Virginia property
- ✗ COMPLETE SILENCE on Brooklyn
June 13: The New York Times (2,400 words by Jonah E. Bromwich):
- ✗ NOT ONE WORD about Brooklyn
What They’re All Hiding: 296 Lafayette Avenue
The Documented Reality:
- Certificate of Occupancy #B3P0010437 (January 26, 2001): Legal 5-unit building
- Physical verification by Joel Gilbert and me: 5 doorbells, 5 mailboxes
- Con Edison Verification: 6 meters (including 1 meter for common areas) leaving 5 meters for 5 apartments
- Every mortgage document for 20+ years: Consistently reported as 1-4 units
The 20-Year Fraud Pattern – Every Single Mortgage Falsely Reports 4 Units or Less:
Timeline of Documented Evidence:
In mortgage after mortgage, year after year, the property is consistently misrepresented—sometimes as a “four-family” dwelling, other times as a “one or two family” residence. But never once as the five-unit building it legally is:
- June 21, 2021: Citizens Bank – “Dwelling Only – 1 or 2 Family Residence”
- August 23, 2019: Citibank – “Dwelling Only – 4 Family”
- October 26, 2017: Wells Fargo – “Dwelling Only – 4 Family”
- January 26, 2015: Municipal Credit Union – “Dwelling Only – 4 Family”
- August 23, 2011: US Bank (HAMP) – “4 Fam.” (handwritten)
- May 25, 2007: American General – “Property Improved by a 1–2 Family Residence”
- October 26, 2006: American General – “Improved by 1–3 Family Dwelling”
- July 1, 2005: MERS – “Dwelling Only – 4 Family”
- August 29, 2003: MERS – “Premises Improved by 4 Family Dwelling”
- March 30, 2001: Chase Manhattan – “Premises Improved by One or Two Family”
Pattern: 10+ false statements across 20 years to different federal lenders, each misrepresenting the same property to obtain better residential loan terms.
The Federal Crime No One Will Discuss: 2011 HAMP Fraud
As first uncovered by Gateway Pundit’s Joel Gilbert and expanded in my subsequent investigation:
The HAMP Modification Details:
- Federal program for struggling homeowners affected by 2008 financial crisis
- EXPLICITLY excluded buildings with 5+ units to prevent commercial property owners from accessing homeowner relief
- James qualified by falsely reporting 4 units instead of 5
- Suspicious handwritten “4 fam” notation added to documents
- Contradictory language about “not more than 6 residential units” suggesting knowledge of actual unit count
- Saved James approximately $2,000+ monthly through reduced payments
This represents systematic defrauding of a federal relief program specifically designed for struggling homeowners – not commercial property investors masquerading as homeowners.
Even in 2020 While Serving as Attorney General:
Even as recently as 2020—while serving as Attorney General—James submitted building permits explicitly stating “Dwelling Units: Existing: 4” despite the Certificate of Occupancy listing five units for 19 years.
- July 2020 Application (Job #340743146): Documents show “Dwelling Units: Existing: 4” despite the Certificate of Occupancy listing five units for the past 19 years.
- September 2020 Application (Job #340768510): Another filing repeats the same inconsistent information
When someone filed a complaint citing that “PERMIT APPLICATIONS SIGNED BY LETITIA JAMES APPEAR TO CONTAIN FALSE INFORMATION,” the Department of Buildings dismissed it as a “MINOR ERROR”—special treatment not afforded to ordinary New Yorkers. As documented in our April 14, 2025 investigation, this selective enforcement demonstrates the systematic protection James received while engaging in documented fraud.
In a subsequent complaint filed in 2025, the DOB was forced to address the unit count discrepancy directly. On May 13, 2025, the NYC Department of Buildings closed complaint #3A07302 with a resolution statement that inadvertently provided prosecutors with devastating confirmation of our investigation:
“NO VIOLATION WARRANTED FOR COMPLAINT AT TIME OF INSPECTION. CO #B3P0010437 ON FILE FOR MULTIPLE DWELLING.”
Why Everyone Ignores Brooklyn:
- For James: It proves pattern and elevates this to RICO
- For prosecutors: It’s 20+ separate felonies they’d have to charge
- For media: It destroys the “isolated error” narrative
- For Siebert: It made the case too big to bury
The Brooklyn property isn’t just additional evidence—it’s proof of a 20-year criminal enterprise. One false POA might be an “error.” Twenty years of false statements across multiple lenders while collecting federal benefits is organized crime.
Everyone talks about Virginia. Some mention Queens. NO ONE will touch Brooklyn.
Because Brooklyn proves this isn’t a mistake or isolated incident—it’s a four-decade criminal enterprise by New York’s Attorney General.
THE LEGAL STANDARD IS CRYSTAL CLEAR
Under 18 U.S.C. § 1014:
The statute criminalizes anyone who:
“knowingly makes any false statement or report…for the purpose of influencing in any way the action of…any institution the accounts of which are insured by the Federal Deposit Insurance Corporation”
The statute requires only:
- Knowingly false statement – The August 2 email proves knowledge
- To federal institution – FHA-insured loan confirmed
- For purpose of influencing – POA filed with mortgage documents
The Supreme Court Has Already Eliminated All Defenses:
United States v. Wells, 519 U.S. 482 (1997) explicitly held that § 1014 does NOT require:
- Proof the statement actually influenced anything
- Proof of actual reliance by the lender
- Proof of financial loss
- The statement to be material to the loan
The Court stated: “The phrase ‘for the purpose of influencing’ covers conduct intended to influence even if the influence is not achieved.”
The Identical Case That Required Prosecution:
United States v. Muhammad, No. 17-30193 (9th Cir. 2019):
- Crime: False FHA occupancy declarations
- Evidence: Only circumstantial
- Never moved into properties
- Result: CONVICTED
What the investigation reportedly found against James:
- Written confession (August 2 email: “WILL NOT be my primary residence”)
- False declaration 15 days later (“I intend to occupy as my principal residence”)
- Government witnesses (Levy and Parchment)
- Documentary proof (POA filed with mortgage)
- 40-year pattern of similar conduct across 3 properties
If DOJ could convict Muhammad on circumstantial evidence, James’s case with written confession and government witnesses is exponentially stronger.
JAMES’S EVOLVING DEFENSES PROVE CONSCIOUSNESS OF GUILT
June 2025 – The Initial Claims:
As documented in my June 5, 2025 article responding to James’s Pod Save America appearance:
James’s June Claims:
“When I signed the power of attorney, I did it electronically”
The Document Proves:
- Handwritten signature: “Letitia A. James”
- In-person notarization by Julius Crockwell
- Two physical witnesses present who signed
James’s June Claims:
“At the bottom of the power of attorney it indicated that I was a resident of Virginia”
The Document Shows:
- Statement is in the MIDDLE of page 1, not bottom
- Says “principal residence” not just “resident”
- Appears ABOVE her signature, not below
James’s June Claims:
“The power of attorney was not a basis for the mortgage”
The Law Says:
- Wells holds this is irrelevant
- Crime complete when false statement made
- No requirement for reliance
September 2025 – The Shifting Defense Phase
James on Joy Reid (September 15): From the transcript at timestamp 6:43-7:03:
“Donald Trump said that he wanted uh he said that I was he called me all kind of names and he um basically uh directed the Department of Justice to uh investigate my affairs and they’re using mortgage fraud um as the vehicle upon which they’re investigating myself, Adam Schiff, um Miss Cook, Lisa Cook, and countless others. And it is most of it, as you know, um is frivolous. It’s baseless because in order um to prove mortgage fraud, one has to prove intent and that’s a very high standard, a very hard high bar to meet.”
James on CBS (September 14): As reported in Gateway Pundit’s September 18 article:
“He’s announced this investigation into my alleged mortgage fraud. As you know, in order to engage in mortgage fraud, you need intent…Mortgage fraud is a rare, rare, rare type of investigation and indictment and the facts do not substantiate it.”
The “Rare Prosecution” Lie Exposed:
James claims mortgage fraud prosecutions are “rare, rare, rare” while simultaneously arguing that her own case against Trump using New York Executive Law § 63(12) was justified. But here’s the devastating irony:
Executive Law § 63(12) was “seldom used” and “never been used in the way it is being used” against Trump, according to multiple legal experts and appellate court findings.
- Columbia Law Professor John C. Coffee Jr.: The statute was “passed in 1956 and seldom used”
- Appellate Court Finding: “Section 63(12) has never been used in the way it is being used in this case”
- Legal Analysis: The statute had “never been used…to attack successful, private, commercial transactions”
So James invoked a virtually never-used 1956 statute to prosecute Trump for financial misrepresentations, but claims federal mortgage fraud prosecutions using well-established, frequently-used federal statutes are too “rare” to pursue against her.
She weaponized an obscure, rarely-invoked civil statute while arguing that well-established federal criminal statutes with clear precedents (like Muhammad) shouldn’t apply to her conduct.
The Evolution of Excuses:
- First: “I signed it electronically” (provably false)
- Then: “It’s at the bottom of the page” (demonstrably wrong)
- Then: “It wasn’t a basis” (legally irrelevant)
- Then: “You need intent” (which she provided in writing)
- Now: “It’s rarely prosecuted” (legally meaningless)
What This Pattern Proves:
Consciousness of Guilt Under United States v. Guadagna, changing explanations demonstrate consciousness of guilt. Innocent people have one story. Criminals have evolving narratives.
The Brooklyn Silence Across All Interviews
- June: No mention of Brooklyn
- September: Still no mention of Brooklyn
- Every interview: Discusses Queens and Virginia only
Why Her Evolving Lies Matter:
Each new version:
- Contradicts the previous version
- Admits more facts
- Retreats to weaker defenses
- Never addresses the 20-year pattern
By September, she’s essentially admitting:
- She signed it (not electronic)
- It was false (needs “intent” defense)
- The law applies (claims “rare” prosecution)
- But still won’t discuss Brooklyn
A RESPECTFUL MESSAGE TO MR. SIEBERT
Mr. Siebert, if ABC’s reporting about your investigation is accurate, you have assembled compelling evidence that any honest prosecutor would be obligated to pursue:
The Documentary Proof:
- August 2 email: “This property WILL NOT be my primary residence”
- August 17 POA: “I HEREBY DECLARE that I intend to occupy this property as my principal residence”
- 15 days between contradictory statements proving knowledge and intent
The Government Witnesses:
- Jennifer Levy and Sharona Parchment who signed under penalty of perjury
- They witnessed their supervisor commit what the August 2 email proves was perjury
- Both are government attorneys who understand the gravity of false sworn statements
The 40-Year Criminal Pattern:
- Brooklyn: 20+ years of false mortgage statements (2001-2023)
- Federal HAMP fraud: Defrauding crisis relief program (2011)
- Virginia: Latest false declaration (2023)
- Queens: Pattern began with father (1983)
The Legal Precedent That Requires Action:
- Wells: Eliminates all defenses about reliance or actual influence
- Muhammad: DOJ convicted others for identical conduct with weaker evidence
- Rigas: Contradictory documents establish intent as matter of law
- Guadagna: Changing explanations prove consciousness of guilt
James herself demanded this standard when prosecuting Trump. On February 16, 2024, she declared: “There cannot be different rules for different people. No one is above the law.”
The evidence in your investigation is overwhelming:
- Stronger than Muhammad (who was convicted)
- Clearer than Rigas (intent established as matter of law)
- Longer pattern than Silver (convicted under RICO)
Mr. Siebert, history will remember this moment as a test of whether equal justice under law is real or just words we say. The documents speak for themselves. The law is clear. The precedent exists.
What happens next will determine whether our justice system truly believes that no one is above the law.
THE BOTTOM LINE
The evidence against Letitia James is overwhelming:
- Written confession (August 2 email)
- False sworn declaration (August 17 POA)
- Government witnesses (Levy and Parchment)
- 40-year criminal enterprise (three properties, dozens of false statements)
- Supreme hypocrisy (prosecuting Trump while committing identical fraud)
ABC News tried to hide the Brooklyn pattern to make this seem isolated. It’s not. It’s a four-decade criminal enterprise by New York’s Attorney General.
Mr. Siebert, you have everything needed for prosecution. The law requires no more than what’s already documented. The precedent demands action.
James demanded equal justice for Trump. We’re simply asking that her own standard be applied to her.
The documents don’t lie. The timeline doesn’t change. Equal justice demands equal application.
For daily updates on this investigation, follow @SamAntar on X (formerly Twitter)
Written by Sam Antar | Forensic Accountant & Fraud Investigator
© 2025 Sam Antar. All rights reserved.