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Three Sentenced For Multi-Million Dollar Fraud Scheme

Dennis and Bernadette Nicholas, of Newtown Square, were among three people sentenced for engaging in schemes to defraud Wilmington Trust Federal Savings Bank and Malvern Federal Savings Bank.

 

PHILADELPHIA–Dennis Nicholas, 62, Bernadette Nicholas, 64, both of Newtown Square, PA, and Kevin McAllister, 59, of Drexel Hill, PA, were sentenced on Feb. 13 for engaging in schemes to defraud Wilmington Trust Federal Savings Bank and Malvern Federal Savings Bank that involved properties valued at more than $35.5 million. 

Dennis Nicholas was sentenced to 72 months in prison; Bernadette Nicholas was sentenced to 42 months in prison; McAllister was sentenced to 20 months in prison. In addition to the prison terms, U.S. District Court Judge Legrome D. Davis ordered Bernadette Nicholas and Kevin McAllister to jointly pay restitution to Wilmington Trust in the amount of $2.5 million; ordered Bernadette Nicholas to pay restitution to Malvern Federal Savings in the amount of $2.5 million; and ordered Dennis Nicholas to pay restitution to Malvern Federal Savings in the amount of $2,755,909.27.        

Bernadette Nicholas was a mortgage broker who intentionally misrepresented material facts to Wilmington Trust about borrowers’ income and assets, the potential rental income and accurate appraisals of properties. She falsified borrowers’ tax returns and documents relating to the true source and amount of the down payments being made by borrowers, and forged borrowers’ signatures on loan documents.         

Kevin McAllister was a loan officer with Wilmington Trust working in conjunction with Nicholas to approve mortgage loans for borrowers who did not meet Wilmington Trust’s criteria for income, assets, and credit scores, in return for bribes and kickbacks from Nicholas. As a result, Nicholas and McAllister caused the approval of loans totaling more than $30 million.        

Bernadette Nicholas received a mortgage broker’s commission equivalent to approximately two to three percent of the total amount of a funded loan at the time of loan settlement. During the years 2004, 2005, and 2006, Bernadette Nicholas received approximately $1.2 million as the result of the loans funded by Wilmington Trust.

She deposited the money into accounts maintained by Dennis Nicholas who then paid Kevin McAllister equivalent to approximately one percent of the amount of the funded loan, which was a kickback/bribe for getting the questionable loan approved and funded.  McAllister made $379,075 in kickbacks.  None of the defendants reported the income on their taxes.         

Dennis Nicholas was convicted at trial on July 19, 2012 of bank fraud, bank bribery, loan application fraud, and filing false and fraudulent income tax returns.  Bernadette Nicholas pleaded guilty to those same charges on October 31, 2011.  McAllister pleaded guilty on October 31, 2011 to bank fraud, bank bribery, loan application fraud, and tax evasion.        

Another defendant, Wayne Rosen, who was charged in a scheme with Bernadette Nicholas to defraud Malvern Federal, will be sentenced February 25, 2013. Nicholas brokered the sale of an apartment building between Rosen and mortgage clients and sought a $1.6 million loan from Malvern Federal for her clients. Nicholas altered the borrowers’ income tax returns prior to submitting them to Malvern Federal and falsely represented the borrowers’ income, the amount of the borrowers’ down payment, and the details of a subordination agreement between Rosen and the borrowers on the borrowers’ loan application and supporting documents. 

At settlement on the apartment building, Dennis Nicholas, Bernadette Nicholas and Rosen falsely represented to Malvern Federal that the borrower had made a down payment. Bernadette Nicholas and Rosen applied for a $3.5 million loan to refinance an existing loan that they had on a medical building. 

In order to influence Malvern Federal’s actions, Bernadette Nicholas, Dennis Nicholas and Rosen prepared and caused to be prepared fraudulent leases which misrepresented the potential rental flow income of their medical building and caused these leases to be submitted to Malvern Federal. The case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service. It is being prosecuted by Assistant United States Attorney Anita Eve. 

This press release was provided by the U.S. Attorney's Office of the Eastern District of Pennsylvania.

Related Topics: Fbi, Mortgage Fraud, US Attorney's Office, and newtown square

anna mae

5:39 pm on Thursday, February 14, 2013

it finally caught up with them. Bernie McHugh Nicholas and Dennis Nicholas have been stealing since the 80s with a variety of realtors starting with Carr Realty. Realtors did not report it to avoid bad publicity. They been doing this stuff for decades...and living high on the hog. Enjoy prison sleazeballs.

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Christine

2:35 pm on Friday, February 15, 2013

I have done many deals with the Nicholas' and have found them to always be professional in their Industry! And have referred them to many others over the years and they all have been extremely happy with their transactions! I know they are also very active in their communities and schools and am very saddened by this news! Knowing they are strong people they will I am sure pull through this! And Anna it is really sad you wish such ill on anyone I am sure you have made mistakes in your life people could Judge you on and obviously by your post you are not a very nice person!

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anna mae

6:51 am on Saturday, February 16, 2013

You are in toltal denial Christine. They have been stealing money for decades. You can support them all you wish. Millions of dollars of theft is not very professional. I am in fact a very nice person. The Nicholas' are charmers. That is how they got away with stealing for over 20 years and smoozed many people. Wonderful that they are active in their community and schools. That's part of the networking. They need to be strong in prison.

Mojo risen

8:38 am on Saturday, February 16, 2013

From what the article stated above they never stole anything from any individual.... What they were found guilty of was taking advantage of loop holes in the system to get people who WANTED a new house or property ,that was probably outside of what they qualified for, an opportunity to invest in real estate... The last time I checked the entire housing crisis was based of this type of mentality.

I also read somewhere that the Nicholas's default average on the loans in question was less than the national average... If thats the case why are they being singled out. Just another case of the government going after the small guys and leaving the big institutions , who created this problem, to operate with zero penalty.

I went to high school with one of their children and as Christine alluded too they were very active in charity, church, and athletic events and were overall very kind and generous people.

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anna mae

9:05 am on Saturday, February 16, 2013

Actually, the Nicholas' are not being singled out. In today's Daily Times there is someone in Yeadon who was just brought to justice for similar crime. Apparently, as friend of their kids, you approve of white collar crime, because that is what this is. It doesn't matter how "upstanding" they were in your world - they were not Robin Hood + Maid Marian.

Christine

9:02 am on Saturday, February 16, 2013

I ussually do not take the time to respond to a post that is so inaccuarate and just plain mean but after reading your Post yesterday I reached out to the family and friends of the Nicholas' who are just so saddened by the news. The 100's of letters and phone calls from past clients and people who have gotten to know theNicholas' over time, just show the people that they are. Loved and Supported by many. You can't always believe what you read in the paper and from talking with family and friends who have followed the Investigation for 5yrs NOT everything you just read is true. Maybe you are like that lady on the Commercial that would date a "French Model" because the Internet told you! I am sorry you had a bad experience but I am sure there are many people who are not your biggest fans and if given the opportunity that would try to blast you to. None of us are perfect but you have to remember that their children or grandkids may read this one day and your words are NOT nice. If everyone's drama or family secrets or things they have done could be posted in the paper, there would be alot of angry people out there. Your comment about Realtors not speaking up, How professional where they ? It seems like the same situation that Penn State just went through. If you knew something then you to are guilty. To Denny and Bernie, I wish you the BEST and I know you can pull through this. Hey Martha Stewart did time and came out even a bigger celebrity. People actually LOVE her more now.

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Christine

9:07 am on Saturday, February 16, 2013

Mojo~
Your comment is so true and I am so glad that someone else has responded and been able to shed some light to the situation. I haven't been able to talk to her children but please let them know Chris sends her love and if they need anything to please let me know.

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anna mae

9:50 am on Saturday, February 16, 2013

Keep defending them. The IRS always gets their men/women. That's how they got Al Capone. How sad that you compare Bernie to Martha Stewart. Bernie+ Denny are not celebs. I am not from "industry" so I am not guilty of the fraud and thievery that both of them have engaged in for decades. Before you even knew them. Methinks you protest too much..............

Christine

10:46 am on Saturday, February 16, 2013

I am not trying to defend anyone but just speak against your ignorance! I have known the Nicholas for 30 years and may actually know who you are Anna and if I am right your family has some skeletons in their closet! They are being punished and will do what they need to do to get through this with love and support from many! I never once said they were celebs but just making a point that bad situations even happen to good people and they can come out in top in the end! Why don't you go blog on many other topics like the poor child in Upper Darby that was taken from her school with teachers around and then Sexual assaulted! There is a problem right there that shld be discussed!

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Mojo risen

12:30 pm on Saturday, February 16, 2013

Anna... I do not believe here say... After a 5 year investigation by the FBI and IRS , I believe that any misdeed or illegal act in Mr and Mrs Nicholas' 30 year professional career would have been brought to light... Therefore I deal with the FACTS as they were listed above...
NEVER were they charged with stealing money from any individual, rather they took advantage of loop holes to get men and women who wanted to invest in Real Estate a mortgage. Those individuals chose to get those loans. Was it the right thing to do... NO.... But that doesn't make them the sleaze balls you paint them to be. Especially if a large majority of those loans are still good and the default average was less than the national average.
I also find it amusing that you bring up Al Capone in retort to Christine's comment about Martha Stewart.... I can tell you that the Nicholas' surely aren't mass murders, and if you have ever had the privilege to go their home you would see that they are very similar to Martha Stewart... The home is always clean, decorated nicely, with some delicious food cooking.
Anna.. You are obviously a very sad and negative person who enjoys when people who are better than you are knocked down a peg, but even being knocked down a peg the Nicholas' are still better people than you !!! They aren't the type to celebrate someone else's misfortune... And obviously you are !!! I feel sorry for you that you get delight in other people's sadness... Truly a sad way to live !!

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John smith

12:50 pm on Saturday, February 16, 2013

These poeple are criminals plain and simple. Hope they have it rough in prison.

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John smith

1:07 pm on Saturday, February 16, 2013

Anna Mae is right. They chose to commit multiple crimes because of there greed for money. You can put lipstick on a pig but its still a pig. And Christine saying this was a bad situation is crazy. It's not that all. these people downplaying this are probably criminals themselves. I don't know this people at all but I bet they have been commiting crimes for a long long time.

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Christine

5:06 pm on Saturday, February 16, 2013

Exactly John, You DON'T know these people and you are so quickly to pass judgment without knowing all the facts of the past 5 yr investigation an a lot of the truths that came out at that time on behalf of the Nicholas' I have to take me off the alert of this Blog because obviously Anna and John have nothing to do on a Holiday weekend! John seems like the neighborhood gossipers and Anna now hat I have figured out who she is has a lot of her own secrets and family past! Denny and Bernie I will keep you and your family in my thoughts and prayers and please do not let other people's ignorance hurt you! You know how many people support and love you! Keep positive! Love your Past Client and friend

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Peanuts

7:47 pm on Sunday, February 17, 2013

They were convicted in 1980's when they were Realtors of stealing depsit monies from buyers. They both lost their real estate lincenses and Bernadette list her mortgage license. Only Dennis were permitted to write loans, though she solicitted them. They were very nice people. Good people sometimes make bad choices I would never judge or wish anyone ill. But someone kept saying they were never convicted of anything else; not true. Thank God their kids are raised with both of them going to jail that would have been sad. Will they actually do real time or just have to pay back their debts?

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Tammy

5:56 pm on Monday, February 18, 2013

Peanuts~ I do agree that at least their children are all grown up with their families but I know how much they love their Grandchildren but luckily they are so young and will have plenty of years to make lots of memories with them.
I worked with the Nicholas' when they had their Real Estate office and you are not totally incorrect but they actually never STOLE deposit monies from Buyers, I believe they were not accounted for properly ( in a proper account) but all deposit monies always were at the table at time of settlement. No one ever loss money or as you say had money stolen from them. Bernadette lost her Brokers license which is always a risk when you own your own business and she NEVER lost her Mortgage license during that time either. Dennis Nicholas NEVER had his Mortgage license only Bernadette and only Bernadette was permitted to write loans. Not that any of this really matters but what is at hand today and I obviously they are being punished and hopefully will take the high road at the end! I do know that Bernadette took a plea so you know how that works. You are saying your Guilty and unfortunately have to say you are Guilty of all charges and not pick which one's you are and which one's you are not. From my understanding alot of truth came out during investigation so I wouldn't believe everything you just read and for Dennis, he took his to trial and of the 63 counts was only found guilty of 4. That seems pretty good to me.

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