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Former foreclosure lawyer charged with fraud

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The U.S. Attorney for the Southern District of Indiana has filed mail fraud charges against a former Indianapolis attorney who resigned from the bar two years ago.

A result of an FBI investigation, U.S. Attorney Tim Morrison on Thursday filed charges against Brian L. Nehrig, 43, who practiced at an Indianapolis law firm before resigning in August 2007. His foreclosure work at the firm between February 28, 2005, and Oct. 11, 2006, is the focus of the case.

His duties were to attend sheriff's sales and place minimum price bids on foreclosed properties for CitiMorgage, so that third-party bidders could then put their offers in and CitiMortgage could recover money from the sale if a property was sold for more than the minimum. But without the client's authorization, Nehrig is accused of intentionally inflating those minimum bidding prices and then completing the sales with third-party bidders, whom he was associated with outside of CitiMortgage's knowledge and permission. Nehrig hid the conduct by sending CitiMortgage a check for its minimum $1 price to make the company believe its property sold at the sheriff's sale in an arm's length transaction, the charging document alleges.

On many occasions, Nehrig directed a law firm employee to alter the titleholder's name on the deeds from CitiMortgage to replace it with the name of the third party with whom he'd negotiated the outside deal, the charges state. The total difference between the funds sent to CitiMortgage and the actual received funds from the deals was $106,122, and he didn't send the money back to CitiMortgage, the document says. Properties listed in the charging document are scattered throughout the state.

Nehrig faces 20 years in prison and a $250,000 fine if convicted.

In August 2007, the Indiana Supreme Court concluded a disciplinary action against Nehrig by accepting his resignation. The Disciplinary Commission had filed misconduct charges against him and asked for his immediate suspension earlier that year.

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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