California mortgage lender Lendwise Mortgage claims it has evidence a competitor its suing is responsible for submitting false fraud reports, and used the government as a weapon to retaliate against it.

The lender filed additional documents in Los Angeles Superior Court in opposition of Priority Financial Network Lending Group and CEO Marc Shenkman's anti-SLAPP motion to strike Lendwise's complaint. Multiple employees of Lendwise who previously worked at PFN, including founder Anthony Amini, filed declarations in support of Lendwise's opposition, which showed emails and text messages supporting the plaintiff's claims.

PFN said the complaint was subject to the anti-SLAPP statute because its communication with the government and lending partners over its self-reported fraud, which included the work of Amini and other former PFN employees who now work for Lendwise, was made in connection with complaints to solicit an investigation and protected under free speech. The lender did not accuse Lendwise of fraud, but alleged that fraud was committed by former PFN employees who now work at the competitor.

Lendwise argued the motion should be denied because the defendants' conduct is commercial speech, which is exempt from the anti-SLAPP statute, and the defendants failed to identify any allegations in the complaint that was protected activity. The lender also said its claims have at least minimal merit, and that PFN's meritless motion should be denied, according to court documents.

"PFN and Marc Shenkman have not provided one shred of evidence suggesting that Lendwise or Mr. Amini were aware of PFN's and Mr. Shenkman's practice of manipulating amended tax returns in connection with loans," Alex Weingarten, a lawyer at Willkie Farr & Gallagher, which represents Amini, told National Mortgage News. 

"Nonetheless, PFN and Mr. Shenkman freely admit to falsely blaming Lendwise and Mr. Amini for their own wrongdoing to several housing authorities, at least one of whom determined the allegations by PFN and Mr. Shenkman lacked merit, and at least 43 of Lendwise's current and prospective contractual partners," Weingarten added.  

Lendwise originally filed the lawsuit in early March, claiming PFN falsely reported to shared partners, like Rocket and PennyMac, that Lendwise organized an "Amended Returns Scheme," although the alleged scheme was said to have occurred at PFN under Shenkman.

The suit derives from the departure of PFN's former president and chief operating officer, Amini, who left last year to start Lendwise. While at PFN, Amini allegedly warned Shenkman about nepotism and unqualified staff, like Shenkman's family, in important roles, including on the quality control team, according to the suit.

"Amini stepped down from role as President in January 2025 due largely to his concerns with quality control and compliance oversight at PFN and to his desire to start a new business free of the indefensible nonsense occurring at PFN," the original filing said.

Lendwise said Amini flagged and eliminated fraud while at PFN, even on loans originated by Shenkman. Amini included multiple emails in his ISO showing he raised concerns about fraudulent loans to Shenkman and other loan officers.

"My job is much more important than any [one] loan. I hope you feel the same about your job," Amini said in an email to a PFN employee.

"It is never OK to force PFN to do an ineligible loan WILLINGLY," Amini wrote in an email to Shenkman in 2021. "If we are going down the path of no integrity, putting our underwriting team in compromising positions, and allowing PETE, [a PFN staff member], to make stupid calls for us, BUY ME OUT."

The lender also claimed PFN knew its loan officers used amended returns to originate loans since November of last year when Rocket first raised concerns. Daniel Leyva, a former loan processor at PFN, confirmed this, claiming Shenkman told him it was okay to have Joe Gulino, a PFN loan officer, use amended returns. Shenkman allegedly told Leyva that if Gulino split his loans among different accountants, his use of amended returns would "look better," according to Leyva's ISO.

The original filing alleges once PFN discovered that at least one loan officer had used amended tax returns in connection with loans, Shenkman shifted the blame to Lendwise and reported it to major industry partners in an attempt to deflect blame and hurt a competitor.

"Lendwise's rapid success infuriated Shenkman, who embarked on a malicious campaign to destroy his new competitor," the lender's recent filing said.

Shenkman accused Lendwise of poaching PFN employees and temporarily withheld funds owed to Amini under a separation agreement in February, saying he would not send them until the two talked, according to screenshots of text messages included in Amini's ISO. 

Two days later on Feb. 4, Leyva resigned from PFN and told Shenkman he planned to join Lendwise. Shenkman then allegedly told Leyva to "keep his resume out there" because he planned to get Lendwise shut down, according to Leyva's ISO.

The next day, Shenkman allegedly told Jeffery Schlesinger, PFN's most senior loan officer at the time, he discovered fraud involving Amini and several PFN employees who recently joined Lendwise. In his declaration of support to strike the complaint, Shenkman said he received an email from Mauricio Perez of Rocket on Feb. 6 identifying five Florida loans the mega lender deemed suspicious. These loans were serviced or overseen by Amini, Gulino, Leyva, Jermey Loveland and Alberto Martinez, all of whom left PFN for Lendwise.

A few days later, Shenkman allegedly informed Schlesinger of his plans to self-report the fraud, saying Lendwise was "going to go down," that this would "crush" it and that he would "not be surprised if Lendwise was shut down in two weeks," according to Schlesinger's ISO.

Multiple counterparties, including PennyMac, Rocket and Deephaven Mortgage, ended their relationship with Lendwise after hearing about the supposed fraud. The terminations slowed Lendwise's business and resulted in the loss of active transactions, including one worth $2.33 million with Rocket.

The company had funded $12 million across 14 loans in its first few weeks and was on pace to exceed $24 million by March 1, according to the lawsuit.

PFN refused to further comment on the case until after a hearing scheduled for July 1.

Lendwise seeks at least $25 million in damages through lost active transactions and the destruction of future business opportunities, the original filing said. 

"Lendwise is confident that the court will determine that PFN and Mr. Shenkman weaponized the process in a desperate attempt to punish its business competitor," Weingarten said.