4 free on bail in alleged fraud cases
CRANBERRY TWP — Four men charged by a federal grand jury with alleged schemes to commit fraud at two township housing developments face travel restrictions and other bail conditions after being arraigned this week.
Earlier this month a 62-count indictment was returned by a federal grand jury against Frank Giacobbe, 43, of East Amherst, N.Y.; Patrick Ogiony, 34, of Buffalo, N.Y.; Kevin Morgan, 42, of Pittsford, N.Y.; and Todd Morgan, 29, of Rochester, N.Y., charging them with conspiracy to commit wire fraud and bank fraud, and substantive wire fraud and bank fraud charges.
The Morgans are the nephew and son, respectively, of developer Robert Morgan.
The indictment comes after an investigation into the practices of the men on behalf of Morgan Communities and Morgan Management, which owns the Eden Square and Rochester Village housing developments in Cranberry Township. According to documents, the alleged actions took place between March 2011 and June 2017.
In total, loans issued amount to $167,591,000 for the Rochester Village and Eden Square properties, as well as properties in Southpointe in Canonsburg and four others in and around the Buffalo area.
They stand accused of using a variety of tactics to secure loans from the Federal Home Loan Mortgage Corp. and the Federal National Mortgage Association and other lenders, including Arbor Commercial Mortgage and Berkadia Commercial Mortgage. Those loans would not have been given for such large amounts, or not at all, had accurate information been reported, documents state.
According to court documents, Giacobbe and Ogiony are free on a $20,000 signature bond.
Todd Morgan, who is a project manager for the company, faces 26 charges and is free on a $25,000 signature bond.
Kevin Morgan, company vice president, faces 35 charges and was released under $100,000 unsecured bond.
As a condition of their release all men had to forfeit their passports and can travel outside of the New York area only if given permission. Additionally, they are not to have contact with individuals who may serve as witnesses, though exceptions have been made for family members who could testify, court documents state. The men are not permitted to discuss the case with those individuals.
The charges carry a maximum penalty of 30 years in prison and a $1 million fine.
Earlier this week, Robert Morgan said Kevin and Todd Morgan have been suspended without pay due to the pending charges. Court documents indicate any plea agreements must be submitted by Dec. 7, with a response from the defendant by Dec. 31. If no agreements are reached, oral arguments on pretrial motions would be heard March 27, 2019.
