Eric B. Granitur, Conspiracy to Commit False Statements, Florida 2023

WEST PALM BEACH, FL – In a shocking verdict, a federal jury in West Palm Beach has convicted Vero Beach attorney Eric B. Granitur, 60, of participating in a criminal conspiracy and making false statements to a federally insured institution.

According to the evidence presented at trial, Granitur owned and operated Live Oak Title, which conducted two real estate closings for the purchase of five condominiums at the Vero Beach Hotel and Spa. The seller and developer of the Vero Beach Hotel and Spa, George Heaton, offered numerous incentives to buyer Stephen McKenzie to purchase the condominiums.

Heaton agreed to pay the ‘cash-to-close’ amount that the buyer McKenzie was expected to bring to closing. Additionally, Heaton paid for the closing costs and paid McKenzie additional incentives. Granitur’s title company, Live Oak Title, conducted the closings for the sales of the Vero Beach Hotel and Spa condominium units sold to buyer Stephen McKenzie.

As an escrow agent, Granitur was required to truthfully and accurately prepare and distribute a settlement statement to the financial institutions, known as a ‘HUD-1,’ in preliminary form for review by the financial institution, prior to the closing of escrow. However, Granitur knowingly caused a false closing statement to be transmitted to a federally insured financial institution on two occasions.

The HUD-1 closing statements failed to truthfully disclose seller credits and incentives. Additionally, the closing statements failed to disclose that the seller was paying the buyer’s ‘cash-to-close.’ The financial institutions relied upon the closing statement in authorizing the release of funds.

Granitur was convicted of one count of conspiracy to commit the offense of making false statements to a federally insured institution, in violation of Title 18, United States Code, Section 371; and two counts of making a false statement to a federally insured institution, in violation of Title 18, United States Code, Section 1014. Granitur’s co-conspirators, George Heaton, Deborah Dentry Baggett, and Stephen McKenzie, have already pled guilty and are awaiting sentencing.

Sentencing will take place before United States District Judge Robin L. Rosenberg in West Palm Beach. A sentencing date has not yet been set.

United States Attorney Benjamin G. Greenberg commended the investigative efforts of the FBI and FHFA-OIG. This case is being prosecuted by Special Assistant United States Attorney Joseph A. Capone and Assistant United States Attorney Daniel E. Funk.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

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