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NEWS- Scam sentence: Thomas Coghill gets 30 months


Published 3/23/2006 12:00:00 AM in issue 512 of the Hook
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Developer/swindler Thomas E. Coghill Jr. had already pleaded guilty to two counts of fraud, so his sentencing hearing should have been pretty straightforward.

Instead, the man who left unpaid bills all over town in the 1990s moved to withdraw his guilty plea and have the prosecutor removed from the case.

The March 15 proceeding dragged on for seven hours before Coghill was sentenced to 30 months in federal prison and ordered to pay almost $3 million in restitution to two victims of his house-building scam.

In both cases, Coghill borrowed money to build homes by using houses for collateral that did not exist or belonged to someone else, and he falsified documents to show completed houses that were actually just empty lots.

Coghill's attorney, Curtis Fallgatter, earned a rebuke from Judge Norman Moon when he contended Coghill actually had overpaid Anchor Capital of Potomac, Maryland, by $600,000. Anchor estimated a loss of around $3 million.

"You're bordering on not accepting responsibility," Moon warned. "You're bordering on blaming the victim. I'm putting you on notice."

Fallgatter also accused Assistant U.S. Attorney Patrick Hogeboom of grand jury abuse. He claimed that Hogeboom "made derogatory comments to business associates of Coghill's." In court, Hogeboom fired back, calling Fallgatter's accusations "scurrilous." Moon denied the motions to withdraw Coghill's guilty plea and to remove Hogeboom.

Later, Fallgatter told the Hook that Coghill was an alcoholic at the time he was bilking investors here. "Fortunately, he has had a successful turnaround and has some successful business ventures down here that would fund restitution," the attorney said.

Coghill, who now lives in Deerfield Beach, Florida, appeared in court in prison stripes because of at least one of those business ventures.

"He wasn't allowed to enter into any financial transactions or deals without the notification and approval of the U.S. Probation Office," says Heidi Coy, public affairs specialist for the U.S. Attorney's office for the Western District of Virginia. Coghill was taken into custody March 13 for a real estate transaction to purchase land in Florida, says Coy.

Fallgatter disagrees that Coghill violated the terms of his bond, but says, "We're thankful Judge Moon re-instated his probation and allowed him to self-report to prison." Coghill's father, Thomas E. Coghill Sr., posted a $250,000 bond.

Coghill took the stand to note that he had started between five and six LLCs in Florida since he was indicted in 2004, and he requested probation so those business ventures could fund restitution. He also mentioned that his girlfriend drives a Porsche, and his son an Escalade.

Moon declined the probation request, and ordered restitution of $2.8 million to Anchor Capital and $170,000 to First Western Investment in Charlottesville, which claimed Coghill did not repay $500,000 in loans.

While criminal charges were brought because of Coghill's schemes with those two companies and a Richmond bank, they were not the only victims of his duplicity. He left dozens of unpaid subcontractors and suppliers, according to sources familiar with his activities.

"I know from investigating and talking to folks, they'd say, 'He owes me money,'" U.S. prosecutor Tom Bondurant told the Hook last summer. "Like every time we talked to people."

Tom Beasley, owner of heating and air-conditioning firm Blue Ridge Services, called Coghill "a silver-tongued devil" who stiffed him for $357,000.

Charlottesville photographer Tom Cogill is glad to know Coghill will be behind bars for a while. Because of the similarity of their names, Cogill often got phone calls for Coghill, who wasn't listed in the phone book. Then he got a summons for a legal matter in Norfolk.

The worst mix-up occurred in 2002 as the photographer was cooking 80 chicken breasts for his daughters' graduation dinner. A sheriff's deputy arrived with an arrest warrant meant for Coghill.

"They put me in handcuffs and took me to jail and had me booked on felony bad checks charges," recalls Cogill. He was released later that night but still had to appear in court in Spotsylvania County to clear up the confusion.

This week, Cogill wanted to help his daughter buy a house and discovered his credit is worse than hers because of the Coghill complications. "I usually hate for anybody to go to prison, but I was so happy to hear that guy got caught," says Cogill.

Coghill has requested to do his time at a Florida prison. Says attorney Fallgatter, "Everyone is anxious to put this behind. He wants some finality in his life."

CORRECTION 3/19/2009: The sentence Coghill received was erroneously reported in the original story and has been corrected.


Most of those bilked by Thomas E. Coghill Jr. were too embarrassed to press charges. Two companies did, however, and saw him get a 30-month prison sentence and an order to pay nearly $3 million in restitution.

MUGSHOT COURTESY ALBEMARLE COUNTY POLICE


I am not a crook. Photographer Tom Cogill, right, (shown with restaurateur buddy Dave Simpson) has been the victim of mistaken identity, and was once arrested on a warrant for Tom Coghill.


FILE PHOTO BY HAWES SPENCER

#

Comments

                     
Al Shaddai6/15/2007 5:17:07 AM

And then they arrested somebody named Cogill instead of the alleged perp, Coghill. Not only do we need Dyslexia Police, we need Recognition Police. The falsely arrested Cogill appears to be a head shorter and 125 lbs. lighter than the accused. What are they writing in these warrants, "arrest the usual suspects!" I suppose it's a wonder they didn't arrest a 12-year old Girl Scout with asthma.

fb10/6/2007 5:03:44 PM

prevent foreclosure

Conch House in bank foreclosure, lawsuit filed

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Web business-foreclosure.com

african-business.com

prevent foreclosure The Conch House Marina Resort includes a 200-wet-slip marina, a 17-room motel, a restaurant and a dockside lounge

ST. AUGUSTINE found at Jacksonville Business Journal - July 27, 2007

by Christian Conte

After owning the Conch House Marina Resort for more than 60 years, members of the David M. Ponce Jr. family were ready to move on to other projects. So when Thomas E. Coghill Jr. agreed to buy the site and some adjacent vacant land for $27 million in October 2005, David M. Ponce Jr. considered it the perfect opportunity.

"He seemed to be a go-getter," Ponce said. "He seemed to ask all the right questions and say all the right things."

A bank has foreclosed on the Conch House Marina Resort in St. Augustine. How to prevent foreclosure ?

The Ponce family sold the local landmark in December 2005, lending Coghill and other buyers some of the purchase price as part of the transaction, according to documents.

Now the family is trying to prevent foreclosure, claiming its loan to the buyers was not repaid and that a bank is improperly foreclosing upon the family, according to a lawsuit filed against the bank that loaned Coghill and others money to buy the site at 57 Comares Ave., St. Augustine.

When the family agreed to sell the property to Conch House Builders LLC, it did not know that the U.S. Attorney's Office in the Western District of Virginia had indicted Coghill in November 2004 on six counts of fraud relating to his Virginia-based homebuilding business, Ponce said. Coghill was released from federal custody on a bond in December 2004 and allowed to return to Florida and help his family build two homes with the condition that he refrain from entering into any new financial responsibilities, according to court documents.

Coghill pleaded guilty to one count of bank fraud and one count of wire fraud in August 2005. Ponce said the family was not aware of the plea when it was negotiating with Coghill.

Between his indictment and the beginning of what was originally a 33-month prison sentence in May 2006, public records and other documents indicate that Coghill was involved in several real estate investments in Northeast Florida, including the acquisition of the Conch House.

Coghill denied a request for comment through a prison official for a previous story. Prison officials did not respond to requests for an interview relating to the Ponce family's recent filings.

The foreclosure deal

The Ponce family entered into an agreement to sell the Conch House, which includes a 200-wet-slip marina, a 17-room motel, a restaurant and a dockside lounge, along with some adjoining property, to Conch House Builders LLC in October 2005, the claim states. The Riverfront Developement (sic) Revocable Trust, an entity Coghill created in September 2005, was an original member of Conch House Builders, according to its original operating agreement.

On Dec. 21, 2005, Conch House Builders LLC closed on a six-month, $17.5 million loan from Intervest National Bank, about 70 percent of the purchase price of the property.

To cover the rest of the price, the Ponce family agreed to merge the assets of the Ponce Family Limited Partnership into Conch House Builders LLC in return for $10 million, plus interest, Ponce said. The agreement also entitled the Ponce family to an interest in all properties owned by Coghill personally and through his trust, in the event of a default of the $10 million repayment, according to the lawsuit. Ponce became the managing member of the merged Conch House Builders LLC.

As part of the merger agreement, investors in the original Conch House Builders LLC were to buy back interest from the Ponce family, ultimately removing them as owners, Ponce said. The family never received that compensation and in addition is still owed $10 million from the sale, he said.

Coghill managed the Conch House for a short time, after the Intervest loan closed and before he began his prison sentence, Ponce said. After Coghill left, Ponce said he resumed managing the business, which employs about 200 workers, so it would not close.

The Ponce family claim states, in part, "Plaintiff Intervest National Bank assisted Thomas E. Coghill Jr., a convicted felon (bank fraud) in perpetuating a fraud upon the Ponce family."

Further, it states, "The Plaintiff either knew, or should have known of the criminal background of Thomas E. Coghill Jr. at the time a loan request was submitted to Intervest and at the time of the funding of the loan."

The 25-page lawsuit, which includes the Ponce family's answers and affirmative defenses to Intervest's attempt to foreclose on the property, was filed July 17 in the 7th Judicial Circuit Court in St. Johns County.

Intervest National, based in New York City, is a full-service commercial bank with a Florida division that includes six branches in Pinellas County, in the Tampa Bay area. The bank is a wholly owned subsidiary of New York-based Intervest Bancshares Corp. (NASDAQ: IBCA).

Intervest attorney Joshua Magidson, from the Clearwater law firm Macfarland, Ferguson & McMullen, declined to comment about the case. During a July 18 hearing, he said Intervest did not interact with Coghill and that the claim submitted by the Ponce family's attorney had no merit.

"There's nothing in this complaint, there's nothing anywhere that says what the bank did," Magidson said. "What the bank did was loan them $17.5 million. It's easy to smear the bank and say, 'Oh, a crook took my money.'

"What meat do they have on these affirmative defenses? They have nothing."

prevent Foreclosure Cross-claim

In a cross-claim filed July 17, the Ponce family is suing Robert Graubard, who signed documents as managing member of Conch House Builders LLC after the merger and as a guarantor of the $17.5 million loan, and Charles Kelly Smith, who also signed as a guarantor of that loan.

Graubard said he and Smith planned to file defenses and counter-claims against the Ponce family. Smith did not return phone calls seeking comment.

"We are taking appropriate legal actions," Graubard said. "We will defend the suit against these unfounded charges and we will set the appropriate counter-claims against the Ponces."

Graubard said he has documents that show the family's claim is not valid. As of press time, Graubard said he had not been served the lawsuit.

Also as of press time, Judge Michael Traynor had not ruled on whether to set a trial date.

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ybs10/20/2007 8:28:54 PM

Florida Profit Corporation

WEST PALM BEACH DEVELOPERS INC.

Filing Information

Document Number P04000162520

FEI Number 251907200

Date Filed 12/02/2004

State FL

Status ACTIVE

Effective Date 11/29/2004

Last Event CANCEL ADM DISS/REV

Event Date Filed 11/13/2006

Event Effective Date NONE

Principal Address

133 SE 18TH AVENUE

DEERFIELD BEACH FL 33441

Changed 11/13/2006

Mailing Address

133 SE 18TH AVENUE

DEERFIELD BEACH FL 33441

Changed 11/13/2006

Registered Agent Name & Address

COGHILL, NANCY I

133 SE 18TH AVENUE

DEERFIELD BEACH FL 33441 US

Name Changed: 11/13/2006

Address Changed: 11/13/2006

Officer/Director Detail

Name & Address

Title P

COGHILL, THOMAS E JR.

133 SE 18TH AVENUE

DEERFIELD BEACH FL 33441 FL

Annual Reports

Report Year Filed Date

2005 11/02/2005

2006 11/13/2006

2007 04/03/2007

Document Images

04/03/2007 -- ANNUAL REPORT

11/13/2006 -- REINSTATEMENT

11/02/2005 -- REINSTATEMENT

12/02/2004 -- Domestic Profit

Note: This is not official record. See documents

Someone better open up their eyes this man and others are still doing buisness

coghillthecon.com11/14/2007 12:16:48 PM

We have created an online community for victims of Thomas Coghill, Jr.

He is a fraud and a con man.

He is scheduled to be released from prison January 27, 2008. We are hoping to help prevent him from doing more harm after his release.

For more information, and to join the community, please visit:

http://coghillthecon.com

davidlcooke2/28/2008 1:45:58 PM

Extortive Legal Tactics; Above The Law?

I thank god for providing me with the vigor, tenacity, determination, and support of my wife, family, staff, and friends to endure this fight. I have lost/spent $3.5 million in defending the truth (as an innocent, uninterested 3rd party) in these transactions.

The plaintiffs came to our company-- could not qualify for any type of refinancing transaction. The plaintiffs admitted their credit was "jacked up, foreclosure was imminent, and they had not filed federal or state taxes in 5 years." Mr. Johnson could not maintain a job. They requested their way up the chain of command to my office. With tears streaming out of their eyes, begging me for help, I refered them to 6 different investors whom purchased their home and assisted their needs.

All laws were governed. Each investor was/is upstanding citizen in the community. It was only after they stopped paying by several months( each plaintiff by more than 6 months in default), did the plaintiffs lose their memory and decide to sue me because they thought it would be an easy "shake down". There were 6 cases total and out of them 3 plaintiffs were part time loan officers which worked for my company, 1 former high school football coach, 1 director of a school, 2 ministers, 1 former legislative aid, all were in foreclosure multiple times in the past, and most were college graduates. They all forgot they sold their homes and attended a real estate closing with an attorney, whom also explained they were selling their home to them. Each and every step was explained by the investor and documented in writing. These plaintiffs were savvy enough to not make payments for years, obtain assistance, and then outright lie to further their cause. It does not take even a 5th grade education to determine the truth of these transactions.

The newspaper, local, and national television refused to air the documented truth. I have been on/in Nightline, CBN, national magazines, and newspapers and not once has anyone agreed to release the truth about the benefits these plaintiffs received (cash, ability to stay in home, debt consolidation, the entire transaction being in clear and plain english). Although, a list of people were provided to the media, they neglected to air how they successfully puchased their homes back. The documented inaccuracies were overlooked. The Virginian Pilot's writer, Michelle Washington has had 'several bites at the apple' to tell the truth. She has known Atty Bullock for years--- she wrote an article about her several years ago, but this should not cloud her ability to run an unbiased article.

No one has ever questioned the beginning complaint from Mr. Sally. Mr. Sally has 18 inaccuracies on his original loan application to refinance. He admitted providing pay stubs, W-2s, tax returns and supporting documents to further the loan process, in depositions. When determined all documentation provided by Mr. Sally to Brian Smith (WVEC sportscaster) p/t loan officer that originally brought Mr. Sally to D and D, the authorities were notified. Very, very quickly the F.B.I. contacted us for their investigation regarding Mr. Sally. We cooperated and gave them copies of all documentation and fraudulent documents provided by Mr. Sally. We were cautioned by the agent not to disclose any information or we may be charged with obstruction of justice. Mr. Sally is no stranger to foreclosure (he has been in it 5-7 times) and his most recent bankruptcy was dismissed because his refusal to show up and answer the federal judges questions about his questionable tax returns. Mr.Sally shows 5 dependents/children on his taxes but has admitted under oath to not having any biological children or custody or control of any either. The payroll service ADP has never had any record of Mr. Sally or his company with their company. Atty. Bullock was/is aware of all her clients lies and inaccuracies and yet still wastes valuable court time, my attorny's fees, the investors time and money. How? Atty Bullock has even attended depositions with Mr. Sally and yet did lie about the transaction on national television!

The plaintiffs were represented by the same attorney, whom destroyed my otherwise successful 15-year career for simply trying to be a good christian and help my fellow man. Atty Tanya Bullock has been directly/indirectly involved with my total demise (IRS, Bureau of Financial Institutions, Virginia Employment Commission, Chesapeake Commonwealth Attorneys Office, etc...) Atty Bullock has refused/ignored all requests to retract lies she has told in the media or in the courtroom.

Before I met Tanya Bullock our company had never had a complaint with theBBB or any other regulatory body and I have been responsible for the origination of tens of thousands of loans in almost every state in our great nation. Laws need to be created to protect honest business people from overzealous/young attornys trying to create a name for themselves at any cost, even if they have to manufacture lies and destroy peoples lives to do so. I now have several pending foreclosures, had to sell all valuables, and almost lost my family (which really is the only thing I treasure on earth) to vindicate my family and our company. The truth can stand alone if it can ever get out.

And yes, I was charged with practicing law without a license for a deed being prepared in our company. I took full responsibility for all actions of the company while under my control. The honorable judge took it under advisement and the charges will be eliminated after a 24 month term. I have had a partial ownership interst in 3 real estate title/settlement companies and apparently no one in our organization was aware that deed preparation could only be completed by an attorney. The judge said himself, "you would almost have to be an attorney to know preparing a deed had to be done by an attorney."

Finally in closing, I am sure there are unscrupulous characters who take advantage of the unsuspecting consumer but that would not be W. Mike Robinson, Valeria A. Robinson, or D and D Home Loans Corporation. The depositions are public information and sworn testimony. Maybe the media may want to actually do their jobs and research the truth instead of airing flagrant untruths to obtain ratings and sell papers. As a matter of fact I have a list of attornys whom actively act as investors utilizing this exact same "legal transaction."

We need to pray for those that have no other way to excel than to lie, if someone lies- then they will cheat, if someone cheats- then they will kill! Life is to short "treat people the way you wish to be treated!"

Respectfully,

W. Mike Robinson

(757)962-5677 office

(757)377-9421 cell

Mr Parcaso E Omeger5/26/2009 6:08:04 AM

Kind Greeting,

I write to seek your services in a private and confidential matter

regarding some funds unaccounted for in our bank here in Abidjan Cote D Ivoire

during the last 2006 business year. As a Regional Manager in this

Bank, I deposited this fund in an ESCROW CALL ACCOUNT at our

headquarters pending when I shall get a reliable person.

This requires a private arrangement. Could you perhaps be able to

receive these funds under legal claims then I will fill you in.

I will appreciate for fewer questions asked and your participation

will be 30% of the total money.

There are practically no risks involved, the transaction will be

executed under a legitimate arrangement that will protect you from

any breach of the law, it will be simply a bank-to-bank transfer.

I have all the details and will fill you in if you are really willing.

Your major role would be to provide an existing account or open a

new bank account where the funds will be transferred and stand as

the original depositor of this fund in our bank, as long as you will

remain honest to me till the end for this important business trusting

in you and believing that you will never let me down either now or

in future.

At this juncture, I wish to tell you what prompted me to package this

deal. I have a 9yrs old daughter who has leukemia, a disease of the

blood, and she needs a bone marrow transplant or she will die. I want

this transplanting to be done in any good children's hospital in your

country, if there is one.

Once this fund is transferred into your account, I shall resign from my

job and bring my family to start a new life in your country, all

correspondences will be via email for now.

The funds in question are quite large, Ten Million Three hundred and

Thirty Four Thousand United States Dollars ($10,334,000.00).

I will expect a straight answer from you. If yes, please get back to me

so that we can work out the modalities without further delay.

Thank you and God bless.

Mr Parcaso E Omeger


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