On June 3, Richard Cunningham, a real estate developer who was formerly employed by D.C. Housing Authority, pleaded guilty in connection with a scheme to defraud private mortgage lenders of over $15 million.
“Richard Cunningham didn’t just defraud lenders, he fabricated federal voucher documents, forged signatures, and invented a veterans housing program that never existed, all to line his own pockets,” U.S. Attorney Jeanine Ferris Pirro said in a release. “Exploiting the name and sacrifice of American veterans to commit fraud is particularly offensive, and my office will pursue those abuses with the full weight of federal law.”
Cunningham pleaded guilty before U.S. District Court Judge Trevor McFadden for the District of Columbia to charges of false statements to a mortgage lending business. Cunningham faces a maximum statutory penalty of 30 years in prison and a $1 million fine. Sentencing was scheduled for Dec. 4.
According to court documents, Cunningham engaged in a scheme to defraud private mortgage lenders by submitting false statements and fraudulent documents in support of loan applications for multifamily properties he owned or controlled in D.C., beginning in or about August 2020 and continuing through May 2024.
In the first phase of the scheme, Cunningham applied for six secondary renovation loans from a Virginia-based private mortgage company, which required him to have sufficient equity in his properties as collateral. Knowing his equity was insufficient to qualify, Cunningham submitted falsified mortgage statements for the primary loans on those properties, significantly understating the balances owed to make his equity appear greater than it was. Relying on those falsified documents, the lender funded all six loans, totaling about $7.4 million.
In the second phase, Cunningham sought renovation financing from an Oregon-based private mortgage company for two additional D.C. properties. To make those properties appear to generate reliable income, Cunningham fabricated lease documents purporting to be from a “Veterans Assistance Payments” (VAP) program run by the Department of Housing and Urban Development (HUD). There is no such program.
In reality, Cunningham had taken genuine Housing Assistance Program (HAP) lease documents from HUD’s Housing Choice Voucher program and altered them, changing “HAP” to “VAP” throughout, then filled them in with forged entries and signatures to make it appear veterans were already living at the properties under a federal voucher program. He also submitted fabricated rent rolls falsely showing all tenants held vouchers from the Department of Veterans Affairs. The lender funded one of the two loans, in the amount of $4.7 million. The other application was rejected.
In total, Cunningham sought about $14.9 million from the two lenders and received about $12.1 million based on his false statements.
The investigation was conducted by the FBI Washington Field Office and HUD, Office of Inspector General (HUD-OIG). The matter was prosecuted by HUD-OIG Special Assistant U.S. Attorney Samantha Miller for the U.S. Attorney’s Office for D.C.