NORFOLK, Virginia — A mortgage document consisting of just one page, signed by New York state’s Attorney General Letitia James, is pivotal in the federal criminal charges that could lead to a potential sentence of 60 years in federal prison.
The “second home rider” linked to her mortgage, which was uncovered by The Post, indicates that James attested the property would primarily serve as her second home.
This declaration enabled her to acquire a more favorable mortgage rate from Old Virginia Mortgage/Annie Mac, resulting in savings of close to $19,000, as outlined by federal authorities.
According to the New York Times, James’ great-niece, Nakia Thompson, a repeat offender, moved into the house shortly after the closing process was finalized.
The case’s strength hinges on whether Thompson was indeed paying rent.
In June, a relative of New York’s leading prosecutor testified before a grand jury, asserting that she resided in the three-bedroom, one-bath home without paying rent, as reported by the Times.
James’ signature is located at the bottom of the mortgage rider, dated August 17, 2020, which clearly stipulates the intended use of the property.
The rider includes stipulations that require James to “occupy and utilize” the property as a second home and maintain “exclusive control” over who occupies it.
Additionally, she confirmed that the residence would be available “primarily” for her personal consumption for at least one year.
The signed agreement explicitly disallows any “shared ownership arrangement” that would permit her to lease the property or relinquish control over its use to any other individual or organization, asserting that it would be “primarily” for her own personal use.
It further specifies that if she or anyone under her direction provided “inaccurate information or statements” regarding her occupancy as a second home, she would be deemed in default on the $109,600 loan.
The case’s outcome may significantly depend on Thompson’s testimony that she was not paying rent.
In the indictment, prosecutors highlighted that James filed tax returns indicating she spent no days at the property while simultaneously receiving thousands in rental income. She also sought exemptions for expenses incurred on the property, as detailed in the documents.
However, legal experts warn that Thompson’s criminal history might adversely affect James if she testifies.
The 36-year-old is currently a fugitive from justice in North Carolina, having pleaded guilty to assaulting a police officer back in 2011. Her extensive criminal record in Virginia includes charges of grand larceny and possession of burglary tools.
If Thompson is called as a witness for the defense, prosecutors would likely leverage her criminal background to undermine her credibility, according to former federal prosecutor Neama Rahmani.
“It will be up to the judge in the case to determine if Thompson’s criminal history can be used for impeachment purposes,” she noted.
James has recently been charged in federal court in the Eastern District of Virginia, with allegations stating that the home “was not occupied or used by James as a secondary residence but instead functioned as a rental investment property.”
Her purported misrepresentation of the property type enabled James to secure a lowered interest rate of 3%, as alleged by U.S. Attorney for Eastern Virginia Lindsey Halligan, leading to an interest payment savings of $18,933.
<pJames has refuted any wrongdoing, arguing that the charges stem from political motivations initiated by the Trump administration.
She maintained her resolve as she addressed a rally for Zohran Mamdani in Washington Heights on Monday.
“We witness powerful entities attempting to silence the truth, penalize dissent, and misuse justice for political advantage,” she stated to supporters of the progressive NYC mayoral candidate.
“We are observing the unraveling of our democracy, the degradation of our governance system,” James dramatically asserted, characterizing the present political climate as “a pivotal moment in our history.”
— Additional reporting by Priscilla DeGregory
