Real Estate Crime
Cape Coral Police Scam Homeowners

It was so well orchestrated and netted the crooks millions, but what baffled investigators was that that the ring leader was one of their own.

The schemes often involved innocent investors and stolen homes.

Cape Property Scam Breaks Mold for Lee County

By Rachel Myers
News Press
December 16, 2006

The real estate scheme involving a Cape Coral police officer that cheated investors out of nearly $30 million is the first of its kind in Lee County, one official said.

“Honest-to-goodness, I’ve never heard of anything like that happening here before,” said Richard Barnes, Lee County sheriff’s detective in the economic crimes unit said. “It’s mind-boggling that it was as big as it was and it went on for as long as it did.”

Barnes said the majority of large-scale economic crimes in the county happen with people obtaining deeds to property owned by the deceased and then selling it.

“But to have something like this, it seems like a pretty elaborate operation with a lot of people involved,” Barnes said. “It’s not something I would say is typical for Lee County.”

One of the key players in the scheme police say was Nelson “Alex” Gonzalo Jr., a seven-year-police veteran and former Cape Coral High School resource officer. His personnel files, obtained Friday by The News-Press, don’t appear to indicate any pattern of trouble.

Alex Gonzalo was perhaps one of the last officers one would suspect to be involved in a fraud scheme, if his personnel files are any indication.

While he had some troubles early in his career, most stemmed from his training period. Sgt. John Dickman, Gonzalo’s supervisor at the time, had even recommended he be terminated in September of 1999 based on his “not being able to handle more than one task at a time,” as well as problems with radio communication and forgetting his flashlight on night calls.

But Gonzalo also had received numerous praises for his easy way with people and ability to calm tense situations — one grateful resident even sent him a restaurant gift card as a token of appreciation. During his tenure from March 2002 to May 2005 as a school resource officer at Cape Coral High School, Gonzalo implemented several programs including Teen Court, Mediation Program, Team Extreme and a Gang Identification Class.

At the time, Lt. Carole Penserio wrote:

“You have been instrumental in minimizing the daily problems as well as becoming an excellent role model for these students. You are to be commended for a job well-done!”

It was for those actions he was awarded Officer of the Month in October 2002, he also had been recommended for the award in February of that year.

In 2003, he was formally commended for his role in identifying the caller of a school bomb threat.

When Gonzalo caught the thief who stole Laura Bartling’s daughter’s wallet at school in 2005, she wrote:

“... I know this crime would never have been solved as quickly without this officer’s dedication and assistance. Officer Gonzalo is a credit to your department, and a very valuable asset to this community.”

Chief Rob Petrovich has expressed his “disappointment” that an officer might be involved in such an elaborate real-estate scheme, but cautioned Gonzalo hasn’t been convicted.

“There was never anything about him that would stand out or make us think he was a part of something like this,” Petrovich said at a news conference. “Never anything that was apparent.”

Once there was an inkling of wrongdoing within the ranks, Petrovich immediately sent the case to the FBI.

According to a federal affidavit released Thursday, Gonzalo allegedly conspired with four others to scam investors by using investors’ good credit to obtain 100 percent financing for home purchases at an amount in excess of the contract price.

The scheme

It was Gonzalo’s job to help locate potential properties and write contracts through Atlas Real Estate.

The homes were promised to be sold within six months.

Ronald Luczak, a former New York stock broker and ex-convict who spent four years in prison for a stock fraud case in New York, would tell investors the excess money would go into an escrow account, which would be used to make the monthly mortgage payments. Sometimes he made the payments, sometimes he didn’t.

The investors were told they would get $5,000 upfront and half the profits after Luczak sold the house. Investors would sign off on the loan application and wait for the properties to be sold.

Then, Sandra Mainardi, a New Jersey mortgage broker, would help Luczak acquire loans for falsely appraised properties. Patricia Martin, of USA Land Title, sent assignment fees to Luczak through the title company escrow accounts.

To date, none of the properties has been sold and three have been foreclosed on because Luczak, who is on supervised release until May 2008, hasn’t made payments.

Luczak’s wife, Lisa, co-owned Cape Coral Equity and Development Group Inc. and Cape Coral Equity and Development Group, LLC. She was released Thursday on $100,000 bail.

But where exactly she was released from is not known. Because of the pending federal charges, the suspects were not formally booked in Lee County Jail.

Bob Pastula, supervisor of the U.S. Marshal’s Service in Fort Myers, declined to release their location based on the “sensitive nature of the situation.”

Gonzalo’s attorney, Miguel Fernandez III, previously said he was concerned about his location because of the fact that he is a police officer.

Robert Altchiler, attorney for Robert Luczak, did not return calls seeking comment Friday.

Gonzalo, who was arrested at the police department around 10:30 a.m. Thursday, is currently on administrative leave with pay, pending a pre-disciplinary hearing, which could be held sometime next week.

If convicted, each faces a maximum penalty of 20 years in prison and a fine of $5 million.

Barnes expressed surprise that the fraud, which started in September of last year, wasn’t caught sooner.

Each bank or financial institution has its own system of checks and balances to ensure this type of crime doesn’t occur, Barnes said, but part of that includes getting accurate appraisals.

“It seems to me like a big part of this is the responsibility of the title company,” Barnes said. “And then part of the due diligence for the investor is getting an accurate appraisal.”

— Staff writer Pat Gillespie contributed to his report.

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