Former President of First Bank Mortgage Pleads Guilty to Misapplication of Funds by a Bank Officer Causing a Loss of $35 Million to a Local Bank

1/23/2009 U.S. Department of Justice Press Release via the F.B.I. Website:

St. Louis, MO: Mark Turkcan pled guilty to the misapplication of funds connected with his position at First Bank Mortgage, causing a loss of $35 million, United States Attorney Catherine L. Hanaway announced today.

According to court documents, the losses began as early as 1987 when Turkcan was employed by Sheahan Financial, which, along with Clayton Savings and Loan, was purchased by First Bank. The substantial losses that Turkcan incurred at Sheahan were from on hedge positions taken on behalf of Sheahan, and were concealed at Sheahan. In 1990, First Bank purchased Clayton Savings and Loan and Sheahan Financial without knowing about the losses concealed on the books of Sheahan Financial, causing First Bank to overpay in the purchase. After the purchase of Sheahan in 1990, Turkcan became President of First Bank Mortgage. He continued to buy and sell mortgage backed securities as part of his job. However, losses from the unauthorized and unapproved borrowings continued ultimately rising to a level of approximately $35 million. They were covered up and concealed from First Bank by destroying or changing records and posting profits on the books and records of the Bank. To cover the losses, Turkcan borrowed against the mortgage backed securities of First Bank Mortgage. These loans were also concealed from First Bank. To conceal the true nature of these transactions, Turkcan created false and fictitious trade tickets and Bear Stearns confirmations.

Ultimately these losses rose to a level of approximately $35 million, which First Bank had to pay Bear Stearns.

Turkcan, 53, Kirkwood, MO, pled guilty to one felony count of misapplication of bank money by a bank officer. He appeared before United States District Judge Donald J. Stohr.

Turkcan now faces a maximum penalty of 30 years in prison and/or fines up to $1 million, when he is sentenced on April 17, 2009. Restitution is mandatory.

Hanaway commended the First Bank’s officers and employees for bringing this information to the U.S. Attorney’s Office, and the Federal Bureau of Investigation for their expeditious investigation of this case. First Assistant Michael W. Reap is handling the case for the U.S. Attorney’s Office.

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FTC Launches Redress Program for Mortgage Loan Victims

1/23/2009 FTC Press Release

FTC Launches Redress Program for Mortgage Loan Victims

Almost $28 Million Returned to 86,000 Consumers Harmed by Mortgage Servicing Practices

The Federal Trade Commission today announced that the agency returned almost $28 million to consumers this week as a result of a settlement with The Bear Stearns Companies, LLC and EMC Mortgage Corporation. Using the defendants’ records, about 86,000 consumers who had mortgage loans serviced by EMC have been mailed redress checks.

In September 2008, Bear Stearns and EMC agreed to pay $28 million to settle FTC charges that they engaged in unlawful practices in servicing consumers’ home mortgage loans. The companies allegedly misrepresented the amounts borrowers owed, charged unauthorized fees, such as late fees, property inspection fees, and loan modification fees, and engaged in unlawful and abusive collection practices. Consumers who have been mailed redress checks paid unauthorized fees to EMC and/or had a home foreclosed upon by EMC.

EMC consumers with questions should call the redress administrator at 1-877-225-7510.

Copies of the documents mentioned in this release are available from the FTC’s Web site at http://www.ftc.gov and from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. Call toll-free: 1-877-FTC-HELP.

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(EMC FYI.2009.wpd)