David Saks - Real Estate Broker - The Real Estate Mart of Tennessee, Inc. - 4040 North Watkins-Suite #4 - Memphis, Tennessee 38127 - Phone (901) 357-4663


Brentwood Man Convicted of Making False Statements to a Bank and Aggravated Identity Theft

U.S. Attorney’s Office May 14, 2012
  • Middle District of Tennessee (615) 736-5151

David E. Miller, 61, of Brentwood, Tennessee was convicted by a federal jury late Friday of two counts of making a false statement to a bank and two counts of aggravated identity theft, announced Jerry E. Martin, U.S. Attorney for the Middle District of Tennessee; Martin P. Phanco, Inspector in Charge, United States Postal Inspection Service; and Aaron T. Ford, Special Agent in Charge, Federal Bureau of Investigation, Memphis Division.

Specifically, the jury found Miller guilty of making false statements to First Bank in relation to a loan in the amount of $337,500 that Miller received in May 2007 and the renewal of that loan one year later.

Miller was also found guilty of aggravated identity theft for using the forged names of two individuals in a document that Miller provided to First Bank for a personal loan.

Evidence at trial established that Miller had solicited investors for Fellowship Investors LLC for the purpose of purchasing a tract of land at 4426 Harpeth School Road in Williamson County, Tennessee. The land was to be held for future sale when it would have appreciated in value.

Fellowship Investors LLC was formed by Miller to hold title to the property that would be jointly owned by the investing members.

Miller, who has worked as a real estate developer for three decades, told the investors that the property would be a cash deal and that the land would be held with no encumbrances.

Instead, Miller sought a loan from First Bank in the amount of $337,500 to partially fund the purchase of the property. The $337,500 First Bank loan was made to the David E. Miller Development Company using the Fellowship Investors’ property pledged as collateral.

Since the Fellowship Investors’ property would be titled in the name of Fellowship Investors LLC, First Bank required a resolution from all of the members of Fellowship Investors, with specific language in the resolution to document the knowledge and consent of all members for the land to be used as collateral for the loan to David E. Miller Development Company.

The resolution containing the names of all investors was prepared by the closing attorney in conjunction with First Bank and ultimately signed by Miller. However, Miller never advised the members that he had pledged the property as collateral for his loan. Miller instead used part of the proceeds of the loan for his personal benefit and to fund other ventures that he was managing at the time.

During the trial, Miller testified that he did not remember the resolution and did not remember signing it, although he did admit that it was his signature on the resolution. Further, Miller testified that he had not intended to use the real property as collateral for his loan and that he had only intended to use his capital contributing share in the property as collateral and that the bank had made a mistake. When asked about the Multipurpose Note and Security Agreement and Deed of Trust that he had signed pledging the real property,

Miller testified that he did not realize what he was signing.

Miller faces up to 30 years in prison and a $1,000,000 fine on each of the false statement charges and additional mandatory consecutive terms of two years on the aggravated identity theft charges. He is scheduled to be sentenced on December 10, 2012, by U.S. District Judge Marvin E. Aspen, a visiting judge from the Northern District of Illinois.

The investigation was conducted by the U.S. Postal Inspection Service and the Federal Bureau of Investigation. The United States is represented by Assistant U.S. Attorneys Sandra G. Moses and Kathryn B. Ward.

source: FBI

David Saks

Time&Temp Memphis

Legal Disclaimer
Please be advised that:

 The information and notices contained in this blog are intended to summarize recent developments and news. The posts are presented as general research and information. These posts are not intended, nor should be regarded, as legal advice. Some blog posts concern allegations made in civil lawsuits and in criminal indictments in United States Courts. All persons are presumed innocent until convicted of a crime and proven guilty. Readers who have particular questions or who believe that they need legal counsel should seek the advice of a qualified attorney. It is neither the editor's or author's intention to create a confidential relationship or any broker-client relationship via communication from this site at any time. Please consult with your state real estate board if questions & answers in the education section conflict with the laws of your region or if you need clarification regarding their applicability or how they may govern the services that you provide.

By entering this web site, you understand the following:
When you select a link to an outside Web site, you are subject to the privacy, copyright, security, and information quality policies of that Web site. David Saks:
1.DOES NOT control or guarantee the accuracy, legality, relevance, timeliness, or completeness of information contained on a linked Web site;
2.DOES NOT endorse linked Web sites, the views they express, or the products/services they offer unless linked web sites, the views they express, or the products/services they offer endorse or support David Saks in accordance with the standards of the Tennessee Real Estate Commission and the Federal Government's laws regarding commerce and the application, solicitation and transmission of internet-related concerns, commerce or social networking;
3.CANNOT authorize the use of copyrighted materials contained in linked Web sites;
4.IS NOT responsible for transmissions users receive from linked Web sites;
5. That DavidSaks.Com is biographical & real estate related. Some links within will leave this site.
6. http://activerain.com/profile/davidsaks is internet-compliant & abides by the rules & regulations of the Tennessee Real Estate Commission, Eve Maxwell, Executive Director.
7. Unless indicated otherwise, ActiveRain does offer listings, or IDX and is provided for licensed salespersons, brokers, buyers & sellers of real property as a community & professional service.
8. David Saks is a retired / licensed real estate broker in the State of Tennessee, license #290452, and an independent contractor.
9. Information is believed to be accurate, but not guaranteed, at any realty link or document connected to the World Wide Web & viewable by anyone connected to the internet who has a web browser.
10. Brokers, buyers, sellers, agents & anyone should independently verify any information prior to submitting any offer to purchase goods & services from any link.
11. Please Visit The American Real Estate Alliance or Memphis.8k.Com for additional information regarding property issues for real estate professionals and consumers.


Photos © & Licensed by Nova Development

All Content Protected © 
Before you even think about
committing a real estate crime
click this red button.
Real Estate Crimes

© All Rights Reserved.





"Information generated by the Department of Justice is in the public domain and may be reproduced, published or otherwise used without the Department’s permission. Citation to the Department of Justice as the source of the information is appreciated, as appropriate."

Department of Justice Legal Policies


  Real Estate Crimes


Click "HERE" For Today's Question



TheListen Now!

David Saks Show

Saturday Nite

9pm-12am Central

University of Memphis



America's Hobby

Click Elvis

Mr.Saks' participation in ActiveRain ended April 13, 2015.

His blog archives will remain online.

May God bless you.

Comment balloon 0 commentsDavid Saks • May 15 2012 09:54AM


This blog does not allow anonymous comments