ELENOA HOSEA MOALA, : Case No. DOB: June 7, 1962 : LAURA ELENA SOLORIO, DOB: September 8, 1968 :

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1 JOHN D. HOLLIDAY, Bar No Assistant Attorney General MARK L. SHURTLEFF, Bar No Utah Attorney General 5272 South College Drive, Suite 200 Murray, Utah Telephone: (801) Facsimile: (801) Attorneys for Plaintiff IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH THE STATE OF UTAH, : AFFIDAVIT OF PROBABLE CAUSE Plaintiff, : vs. : ELENOA HOSEA MOALA, : Case No. DOB: June 7, 1962 : LAURA ELENA SOLORIO, Case No. DOB: September 8, 1968 : HALOTI MOALA LIAVAA, : Case No. DOB: August 19, 1966 : KATHRYN ELLEN THOMPSON, Case No. DOB: February 23, 1963 : Judge Defendants. : STATE OF UTAH ) :ss COUNTY OF SALT LAKE )

2 I, Special Agent STEVEN SPERRY, being first duly sworn upon oath, depose and state as follows: 1. I am a Special Agent for the Office of the Utah Attorney General, Financial Crimes Investigations Unit. I have been a criminal investigator for over 30 years and am currently certified through Utah Peace Officers Standards and Training. I am currently investigating possible violations of the racketeering statute, criminal conspiracy statutes, fraud statutes, forgery statutes, money laundering statutes, theft statutes, and related criminal code violations by ELENOA HOSEA MOALA, HALOTI MOALA LIAVAA, LAURA ELENA SOLORIO,, and KATHRYN ELLEN THOMPSON. 2. The facts set forth in this affidavit are based upon the results of an investigation during which I have collected and reviewed business and personal records from witnesses and other sources. I have interviewed the following individuals: Kesaia T. Heimuli, Asena Wolgramm, Leila M. Faletau, Pauline T. Vea, Amoni Vea, and Waterlilly T. Matelau. PARTIES 1. ELENOA HOSEA MOALA, is a current resident of the State of Utah S. Camille Street, Salt Lake City, Utah. 2. HALOTI MOALA LIAVAA, is a current resident of the State of Utah S. Camille Street, Salt Lake City, Utah. 2

3 3. LAURA ELENA SOLORIO, is a current resident of the State of Utah E S., Salt Lake City, Utah. 4. KATHRYN ELLEN THOMPSON, is a current resident of the State of Utah W. Park Palisade, South Jordan, Utah. 5. PEAK PERFORMANCE ENTERPRISES, is a limited liability company organized under the laws of the State of Utah. Utah Department of Commerce records show Elenoa Moala listed as the registered agent, and Elenoa Moala and Haloti Liavaa are listed as managers. The listed business address is 4425 S. Camille Street, Salt Lake City, Utah. 6. SOLORIO INVESTMENTS, is a limited liability company organized under the laws of the State of Utah. Utah Department of Commerce records show Mark Kohler as registered agent at 856 South Sage Dr., Cedar City, Utah Laura Solorio is listed as the sole manager, located at 2629 E S., Salt Lake City, Utah. 7. CHANGES 4 YOUTH, is a limited liability company organized under the laws of the State of Utah. Utah Department of Commerce records show Elenoa Moala as the only member, located at 2091 E. Murray-Holladay Rd, Ste. 11, Holladay Utah

4 FACTS A. VAN BUREN PROPERTY (COUNTS 1 through 12, 20) Information from Asena Wolfgram Regarding Van Buren Property 1. On or about June 3, 2008, Asena Wolfgramm ( Wolfgramm ) and her niece, Mele Vaitohi, contacted Special Agent Steven Sperry at the Utah Attorney General s Investigation Division Office to report a real estate fraud where the equity in Wolfgramm s residential property had been stolen. 2. Wolfgramm stated that her husband had purchased the property located at 1527 South Van Buren Circle, Salt Lake City, Utah (the Van Buren Property ) in 1990 and in 1997 her husband passed away. In 2006, Wolfgramm became approximately $7,000 delinquent on her mortgage payments and was notified that foreclosure was in the process. 3. Wolfgramm said that Elenoa Moala ( Moala ) came to her house in approximately July 2006, unsolicited, and told Wolfgramm that Moala could help her from losing her house to foreclosure. 4. In September 2006, Moala had Wolfgramm sign some papers in English, and Moala told Wolgramm that the papers were for a loan to cover the delinquent mortgage. Wolfgramm does not speak English, and did not understand what she was signing. Wolgramm was not provided copies of any of the documents that Moala had her sign. 4

5 5. After signing these documents, Wolfgramm continued to pay her monthly mortgage payment, to the best of her ability, to the mortgage holder directly. 6. Investigation by SA Sperry revealed that one of these documents signed by Wolfgramm, as outlined in paragraph A4, was a warranty or quit claim deed that transferred ownership of the property from Wolfgramm to Solorio Investments, LLC. Wolfgramm was not aware that she was transferring ownership of the Van Buren Property when she signed this document. 7. About August 2007, Moala contacted Wolfgramm and told her that she would lose her house if Wolgramm did not make the monthly payments to Moala s company, Peak Performance Enterprises, Inc. Moala later had Ms. Wolfgramm make the monthly checks directly to Moala. 8. These monthly payments were purported to be for the monthly mortgage payments on the property, and to retire the loan supposedly obtained as outlined in paragraph A4. The original monthly mortgage payment, paid by Wolfgramm to her mortgage holder, was $760.00; however, Moala required Wolfgramm to pay $ a month. 9. Wolfgramm made ten (10) monthly payments of $ to Peak Performance or Moala, totaling $ However, the current investigation by SA Sperry has 5

6 revealed that Moala did not make a mortgage payment to Wolfgramm s mortgage holder after receiving these funds, and as alluded to in paragraph A Affiant verified, by looking at bank records, that these monthly checks made to Moala by Wolfgramm were deposited into Moala s accounts at Wells Fargo Bank and Mountain America Credit Union. 11. About November 2007, Wolfgramm received mail addressed to Leila Faletau Comment [COMMENT1]: MSOffice Approximate date in relation to the times listed in paragraph #11? ( Faletau ), who was listed as the owner of the Van Buren Property. Wolfgramm knew Faletau, and contacted her to asked her why Wolfgramm s property was in Faletau s name. 12. Faletau told Wolfgramm the following: (1) that Moala had told Faletau that Wolfgramm had sold Moala the Van Buren Property because of the pending foreclosure, and (2) that Moala had asked Faletau to put the Van Buren Property in her name for a couple of years. Following this conversation, Wolfgramm contacted a private attorney to try and discover why Faletau now owned the Van Buren Property. 13. On May 2, 2008, Moala came to Wolfgramm s residence and asked that Wolfgramm make two months worth of payments. Wolfgramm wrote a check for these two months worth of payments (totaling $ ), and delivered it to Moala. 14. On May 6, 2008, Wolfgramm was contacted by Jim Tucker of Prudential Real 6

7 Estate and told that she and her family would have to move from Van Buren Property, because the house had been foreclosed upon. Following the receipt of this communication, Wolfgramm placed a stop payment on the check alluded to in paragraph A SA Sperry review of Salt Lake County Recorder s documents show that on September 20, 2006, Laura Solorio ( Solorio ) filed a warranty or quit claim deed on the Van Buren property. The Warranty Deed lists Wolfgramm as Grantor and Solorio Investments, LLC as the Grantee. 16. County Recorder documents further show that on March 20, 2007, Spencer Ball and Associates filed a Warranty Deed listing Solorio Investments LLC as Grantor and Faletau as Grantee. Information from Leila Faletau Regarding Van Buren Property 17. On June 9, 2008, SA Sperry interviewed Leila Faletau about the Van Buren Property. Faletau said that in Februaury 2007 Moala approached her about an investment property that was going into foreclosure. 18. Moala asked Faletau to put the Van Buren Property in her name for a few years until the owner could purchase the property back. Moala told Faletau that she would pay Faletau $5,000 for the use of her credit, and that Moala would take care of the monthly payments. 19. Faletau agreed to the proposition, and the transaction was closed upon on 7

8 March 16, 2007, at the title company of Spencer Ball and Associates. 20. Faletau provided SA Sperry with the closing documents for her purchase of the Van Buren Property. The documents show that Faletau purchased the Van Buren Property from Solorio Investments, LLC for $166, These documents also show that Solorio Investments, LLC received, at closing, $91, from the sale of the Van Buren Property. The signer on the closing documents for Solorio Investments, LLC was Solorio. Utah State Department of Commerce records show that Solorio Investments LLC is managed solely by Solorio. 22. Faletau stated that Solorio is the business partner of Moala and both are involved in real estate investments. 23. Faletau said that she also had invested $25,000 with Moala and Solorio in a real estate project in St. George, Utah. Faletau said that Moala told her that they had purchased some property in St. George, Utah and were developing it for a real estate project. 24. Faletau said that she had asked Moala what she did with all the money Moala made from the equity on the properties that Faletau put in her name and Moala told her that the money was invested in the St. George property. B. DUPLEX PROPERTY (COUNTS 13, 14, 20) Information from Waterlilly Matelau Regarding Duplex Property 8

9 1. On October 27, 2008, Waterlilly Matelau ( Matelau ) spoke with SA Sperry regarding her interactions with Moala. 2. Matelau told SA Sperry that during the end of 2006, she was having financial problems, due to medical bills, with her rental property located at W. 500 S. Salt Lake City, Utah (the Duplex Property ). 3. Matelau stated that Moala approached Matelau in December 2006, and offered to help Ms. Matelua with her financial problems. Ms. Matelau did not know how Moala found out about her financial problems. 4. In January 2007, Moala met Matelau in a parking lot, and had Matelau sign some papers. Matelau reported to SA Sperry that she did not know what she was signing, but thought that the documents were to be used to secure a loan for Matelau. 5. Investigation by SA Sperry has revealed that Matelau signed two Warranty Deeds that conveyed ownership and title of the property from Matelau to Peak Performance Enterprises. Matelau reported that she did not know that she was signing documents that were transferring the ownership of her property. 6. A review of Salt Lake County Recorder documents by SA Sperry show that the two Warranty Deeds, addressed in paragraph #37, were filed, with the Salt Lake County Recorder, by Peak Performance Enterprises Inc. on 9

10 February 2, Both Warranty Deeds were notarized by Haloti Liavaa ( Liavaa ) on January 2, 2007 and February 1, Liavaa is married to Moala. 8. Utah Department of Commerce records show the following regarding Peak Performance Enterprises Inc. ( Peak ). Moala was listed as Peak s director, as the initial registered agent, and as an incorporator. Liavaa is listed as a officer and incorporator of Peak. No other officers or principals are listed or identified 9. After signing these papers, Matelau tried several times to contact Moala, but Moala would not return her calls. 10. In March 2007, a tenant at the Duplex Property contacted Matelau, and advised that a disconnect notice had been delivered at the Duplex Property. 11. Matelau checked into the notice, and found that Moala and Liavaa had sold the Duplex Property, without Matelau s permission, through Peak Performance Enterprises, Inc. to Faletau. 12. Matelau contacted Faletau, and discovered that Faletau had purchased the Duplex Property from Peak Performance Enterprises for $185, Matelau also discovered that Moala received $50, in cash from the sale. 10

11 Information from Faletau Regarding Duplex Property 13. During her interview with SA Sperry, see paragraph A17, Faletau stated that prior to purchasing the Van Buren Property, she had allowed Moala to use her credit to purchase another property on February 20, This second property purchased by Faletau was the Duplex Property described above. Faletau stated that Moala paid her $5,000 for the use of her credit. 15. SA Sperry s review of the closing documents show that Faletau purchased the Duplex property from Peak Performance Enterprises, Inc for $185, The HUD-1 Settlement statement for this transaction shows that Peak Performance Enterprises, Inc received $50, from the sale of the property. Documents Regarding Faletau s Purchase of Duplex Property 17. Closing documents for Faletau s purchase of the Duplex Property were provided to SA Sperry. 18. SA Sperry s review of the HUD-1 Settlement Statement document for this Faletau s purchase of the Duplex Property shows that this transaction was assigned a unique file number by Spencer Ball and Associates, the title company which provided the closing/settlement services for this transaction. 19. This unique file number, for Faletau s purchase of the Duplex Property, is Bank records for Spencer Ball and Associates, obtained by investigative subpoena, show that Peak Performance Enterprises was issued a check by 11

12 Spencer Ball and Associates for $40, This check was check number 6840 and is dated February 21, It is signed by Spencer Ball, the registered agent and manager of Spencer Ball and Associates, and has a memo line which reads, 7044 Peak/Faletau. 22. Bank records show that this check was endorsed by Moala. 23. Bank records for Spencer Ball and Associates also show that Spencer Ball and Associates issued a check to Spencer Ball and Associates in the amount of $10, This check was check number 6841 and is dated February 21, It is signed by Spencer Ball, and has a memo line which reads, 7044 Peak/Faletau. 25. Bank records show that this check was stamped with an endorsement stamp, and deposited into the General Account for Spencer Ball and Associates. 26. Federal law, specifically 12 USCA 2603 & 2607 and 24 CFR , requires that settlement agents, like Spencer Ball and Associates, must list all settlement charges and applicable fees on the HUD-1 Settlement Statement for a real estate transaction. 27. The HUD-1 Settlement Statement for Faletau s purchase of the Duplex Property does not reference or explain why Spencer Ball and Associates would be receiving $10, for this transaction, as required by the law outlined in paragraph #B26. 12

13 C. CAMILLE STREET PROPERTY (COUNTS 15 through 19, 20) Information from Kesaia Heimuli and Ailini Finau Regarding Camille Street Property 1. On July 10, 2008, Special Agent Steven Sperry interviewed Kesaia Heimuli ( Heimuli ) and her daughter Ailini Finau ( Finau ) at the Utah Attorney General s Investigation Division Office in regards to Moala using Ms. Heimuli s credit to purchase two residential properties. The daughter, Ms. Finau, did most of the talking in the interview because Ms. Heimuli speaks very little English. 2. In May 2006, Ms. Finau said that she was having financial problems and that her house at 644 Pueblo Street Salt lake City, Utah was in foreclosure. 3. Finau stated that at this time Moala came to her house. Finau said that she did not know how Moala knew the house was in foreclosure. Moala said that she could not help Ms. Finau with the Pueblo Street house because it was already in foreclosure, but Moala said that she could help Ms. Finau get into another house. 4. Moala told Finau, that because Finau had filed bankruptcy, Finau would need to use someone else s credit to purchase the new property. 5. Finau talked to her mother, Heimuli, about using Heimuli s credit to purchase a house. Heimuli agreed to this proposal in order to help her daughter. 13

14 6. Following this agreement with her mother, Finau told Moala that her mother, Heimuli, agreed to use her credit to purchase a house. Moala told Finau and Heimuli that with Heimuli s credit they could purchase two houses one for Finau and one for Heimuli. 7. On or about May 15, 2006, Moala took Ms. Heimuli to Wells Fargo Bank to open an account with a $100 deposit. On two or three different occasions Moala took Heimuli to sign papers in order to purportedly obtain credit for a loan. Ms. Heimuli did not know what paper she signed, and did not receive any copies of the documents she signed. 8. On the second trip to sign papers, around the end of May 2006, Moala told Heimuli that Moala would pay her $3,000 for the use of her credit, but Heimuli was not to tell her daughter, Finau. 9. Heimuli also stated that there was another blonde lady there when Heimuli signed the papers, but Ms. Heimuli could not remember her name. 10. After that, Ms. Finau and Ms. Heimuli did not hear any more from Moala about the properties Moala was suppose to help them purchase. 11. In September 2006, some papers from First Franklin Bank arrived through the U.S. Postal Service at Heimuli s address on Montgomery Street, where Heimuli was living at the time. 12. Finau read the papers that were from First Franklin Bank and found out that a 14

15 house at 4425 South Camille Street Salt Lake City (the Camille Street Property ), Utah had been purchased in Heimuli s name. 13. Finau went to the Camille Street Property to find out who was living at the residence. Finua looked in the mail box, and found mail addressed to Moala at the Camille Street address. SA Sperry checked the Camille Street Property, and found vehicles registered to Moala and Liavaa parked in the driveway. 14. After learning that Moala was living in the house at the Camille Street Property, Finau tried to contact Moala several times, but Moala would not return her calls or talk to her. Due to this fact, Finau gave up trying to talk to Moala. 15. Finau said that in September 2006, Heimuli received a call from a mortgage company about the mortgage payment being late. Furthermore, in October or November 2007 Heimuli received a call from a person that was interested in purchasing the Camille Street Property. Neither Finau nor Heimuli has heard anything more about the properties or Moala. Documents Regarding Purchase of Camille Street Property County Recorder Documents 16. A review of Salt Lake County Recorder records show that the Camille Street Property was put in Heimuli s name on June 1, 2006, through a warranty deed filed by Spencer Ball and Associates Title Company. 17. On the same day two trust deeds were filed by First Franklin Bank in the amount 15

16 of $424, and $106, The Salt Lake County Assessor s Office value of the Camille Street Property is assessed at $348, in Loan Application Documents 18. SA Sperry obtained the loan documents from First Franklin Bank, the lender on the Camille Street Property. The loan documents show that a first and second loan, $424, and $106, respectively, were taken out in the name of Heimuli for the purchase of the Camille Property on May 31, SA Sperry showed Heimuli the Uniform Loan Application (the application ) for the purchase of the Camille Street Property. This application shows that Heimuli works for a company entitled Changes 4 Youth. This application also shows that Heimuli made approximately $ per month in her employment with Changes 4 Youth. 20. Utah Department of Commerce records show that Changes 4 Youth is/was a Limited Liability Company. Moala is listed as the initial registered agent, member, manager, and owner of Changes 4 Youth. 21. The application also reports that Heimuli owned a 1998 BMW, a 2000 Van, and had $61, in cash in a Wells Fargo bank account. 22. Heimuli reported to SA Sperry that she had never worked for Changes 4 Youth, did not make $ per month, or own the assets reported on the application. 23. The application states that it was filled out by Kathryn Thompson ( Thompson ), 16

17 pursuant to a face-to-face interview. 24. Heimuli stated that she did not fill out the application, or report any of the information on it. 25. Heimuli stated that she did sign this application but that Moala and Thompson had her sign numerous documents. Heimuli stated that she had no idea what she was signing or their meaning. 26. Heimuli was also shown a letter from Changes 4 Youth, which was included with the loan documents obtained by SA Sperry from First Franklin Bank, signed by Liavaa stating that Heimuli worked for Changes 4 Youth. 27. Heimuli was also shown two pay check stubs, also obtained by SA Sperry from First Franklin Bank, showing that Ms. Heimuli had received $8, in March 2006 and $8, in April 2006 from Changes 4 Youth. 28. Heimuli again stated that she had never worked for Changes 4 Youth, and had never received any money from them either. Other Documents 29. SA Sperry obtained bank records from Liavaa s Wells Fargo Bank Account. In those records, Sperry discovered a check, which was drawn on Liavaa s account, but was listed with Heimuli as the payor. This check was made payable to First Franklin Loan Services, i.e. the mortgage holder on the loans outlined in paragraphs C17 and C18. The check was for $1,836.40, and was dated June 13,

18 30. Heimuli was shown this check by SA Sperry. Ms. Heimuli said that she had never seen or made out any check to First Franklin Loan Services. Heimuli also said that the account was not hers. 31. Salt Lake County Recorder documents show that on September 29, 2006 the Camille Street Property was transferred from Heimili s name to Peak Performance Enterprises through a Warranty Deed. However, the loan on the Camille Street Property, alluded too in paragraphs C17 and C18, are still in Heimuli s name. These loans are currently in foreclosure. COUNT 20 PATTERN OF UNLAWFUL ACTIVITY 31. The estimated proceeds derived, directly or indirectly, from the defendants pattern of unlawful activity includes, but is not limited too, the following: Victim Total Loss: Asena Wolgramm: Lost Title to Van Buren Property 2006 Assessed Value: $130, Assessed Value: $148, Average: $139, Payments for purported loan $8, Total: $148, Waterlilly Matelau Lost Title to Duplex Property 2006 Assessed Value: $119, Assessed Value: $147, Average: $133, Total: $133, Leila Faletau 18

19 Purchased Van Buren Property: $166, Purchased Duplex Property: $185, Total: $351, First Franklin Bank Funds to purchase Camille Street Property: $530, Total: $530, Grand Total: $1,163,

20 WHEREFORE, Affiant has reason to believe that the following crimes have been committed by the following individuals: 1. ELENOA HOSEA MOALA: Communications Fraud, a Second Degree Felony; 18 counts Identity Fraud, a Second Degree Felony; 1 count Pattern of Unlawful Activity, a Second Degree Felony; 1 count 2. LAURA ELENA SOLORIO: Communications Fraud, a Second Degree Felony; 2 counts Pattern of Unlawful Activity, a Second Degree Felony; 1 count 3. HALOTI MOALA LIAVAA: Communications Fraud, a Second Degree Felony; 6 counts Identity Fraud, a Second Degree Felony; 1 count Pattern of Unlawful Activity; a Second Degree Felony; 1 count 4. KATHRYN ELLEN THOMPSON: Communications Fraud, a Second Degree Felony; 4 counts Identity Fraud, a Second Degree Felony; 1 count Pattern of Unlawful Activity; a Second Degree Felony; 1 count DATED this day of, Steven Sperry, Affiant SUBSCRIBED AND SWORN before me this day of, Judge, Third District Court 20