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The staff internal auditor for the bank frowned and said to the auditor-in-charge, “The Smith loan was $175,000, but the credit limit was $100,000. The file contained no explanation for granting a loan in excess of the credit limit. And the Jones loan for $150,000 was well within the borrower’s credit limit, but the documentation is missing!”

The auditor-in-charge replied, “Fortunately the Smith loan was paid off shortly after date of the loan listing, so there was no need for further follow-up. As for the Jones loan, we’ll follow up on that at the next audit. If we followed up on every little exception, we would never finish all our audits.”

Follow-up at the next audit revealed that the Jones loan had been paid off with funds from outside the bank. What the auditors did not realize was that both loans had been paid off with the proceeds of fictitious loans made in the names of other borrowers. Later it was determined that both loans were part of a fictitious loan scheme. Losses exceeded $5,000,000. Fraudulent loans totaled less than $2,000,000 at the time the auditors failed to follow through.

Anita Laureen Clark today pleaded “no contest” to ten criminal charges, including six counts of grand theft, in a settlement reached with prosecutors in Santa Monica Superior Court. The Santa Monica City Attorney’s Office had filed a total of 46 counts against Clark involving 35 different victims. Two of the victims had paid Clark more than $7,000 each.

The city charged that Clark posed as an attorney and bilked dozens of “clients” out of money. In other cases, Clark had said that she was a paralegal but then illegally performed attorney services – incompetently, resulting in disastrous consequences for the victims in their divorce, immigration, bankruptcy, and other cases.

Clark is scheduled to be released from jail later today after paying an initial $5,000 to the City Attorney’s Office to go towards the victims’ restitution. She has served 33 days in Los Angeles County Jail for violating the terms of her bail.

Clark’s sentence included the following:

*Three years in county jail, which will be stayed as long as she complies with all the terms of probation.

*She must pay back a total of $49,716.00 to the victims.

*She is placed on five years’ formal probation.

*She is forbidden from engaging in any law-related employment.

*She must cancel all advertisements and telephone numbers from her business

*She must get and keep a full-time job and provide proof of daily good faith attempts to get a job if she is unemployed.

*She must periodically submit to questioning by prosecutors under oath regarding her assets, employment, and ability to pay restitution.

If additional past victims surface, they may also be included in the order for restitution.

The City Attorney’s Consumer Protection Unit began investigating Clark last year after receiving complaints from several consumers who had hired her to perform legal work. On August 7, 2003, Santa Monica police executed a search warrant and seized files from Clark’s Santa Monica office. After a nearly four-month investigation, the Consumer Protection Unit filed the first criminal charges against Clark on December 1.

While Clark was free on bail, the City Attorney’s Office learned that she was continuing to conduct her illicit business in violation of the Court’s order. She has been held in jail on $200,000 bail for the past month.

Clark had operated under various business names and used offices throughout the Westside and the San Fernando Valley. The business names she used included: Clark and Clark Paralegal; A. Clark and Associates; and A.C. and Associates.

Under state law, it is a crime for a person to practice law without being a licensed attorney. “Practicing law” includes giving legal advice, making legal decisions in a case, claiming to be an expert in an area of law, contacting the opposing party, writing legal documents – almost any task that a lawyer typically does. Non-attorneys are limited to two roles: providing purely clerical assistance; or doing paralegal work directly under a supervising attorney.

“This case sends a clear message to consumers with legal problems,” said Deputy City Attorney Adam Radinsky. “If you try to save money by hiring a non-attorney, beware. They are breaking the law if they perform lawyer-like services without a supervising attorney.”

“I just needed to get control of it,” Barnum, 52, said Tuesday, adding that she was in over her head with a $2,169 monthly house bill. “I was being hasty. I just wanted a quick fix.”

Florida Attorney General Bill McCollum says the owner of FHA All Day, Jason Vitulano, 34, scammed Barnum and hundreds of others nationwide with several businesses operated out of South Florida that preyed on the vulnerable — people who were facing foreclosure.

McCollum sued Vitulano and his businesses on Monday in Palm Beach County Circuit Court, seeking an injunction to shut down the companies. McCollum also is seeking restitution for consumers he says were scammed out of millions of dollars. Criminal charges are being considered.

“This is the worst type of thing,” McCollum said Tuesday, “taking advantage of the people who are most in trouble.”

A home telephone number for Vitulano has been disconnected. His company’s Web site, http://www.FHAALLDAY.com, says the business is “no longer accepting any new applications.” No one answered the phone there Tuesday, and the voicemail wouldn’t accept messages.

No attorney was listed for Vitulano in court records.

McCollum said Vitulano’s businesses would solicit clients, in part, through recorded calls, some that included the voice of President Barack Obama.

One recorded call began with a man saying, “Message from our president,” followed by Obama’s voice.

“All across this state, there are families who have done everything right, but are now facing foreclosure or are seeing their home values plummet,” the president can be heard saying.

It was all part of the scam, McCollum said, using the president’s voice to lure potential customers into a false sense of security.

“He clearly targeted the most vulnerable,” the attorney general said.

Authorities say the businesses promised to lower monthly mortgage payments by working directly with banks, and in some cases, to dissolve the loans, altogether. Customers had to first pay up to $5,000 for the services, but McCollum said nothing was ever done.

“He promised a lot of things,” McCollum added. “Some of these are ridiculous claims, but people who are desperate believe it.”

He said his office has received more than 300 complaints from across the country, including New York, California, Virginia, North Carolina and Florida.

It is believed Vitulano was bringing in up to $1 million a month for at least eight months through the companies.

An emergency court hearing is set for Friday.

It’s little comfort for people like Barnum.

The Port St. Lucie woman said she is now dealing directly with her bank and still struggling with her mortgage.

“I won’t make that mistake again,” Barnum said.