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FIRREA

This archive displays posts tagged as relevant to FIRREA, or the Financial Institutions Reform, Recovery, and Enforcement Act. You may also be interested in the following pages:

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As COVID-19 Stimulus Funds Flow, DOJ Puts Fraudsters on Notice and Calls Whistleblowers “Essential”

Posted  04/2/21
On March 11th, President Biden signed The American Rescue Plan Act of 2021 (ARPA), a sweeping economic stimulus plan that will pump $1.9 trillion into the US economy. In addition to direct relief to Americans, ARPA includes record-setting government spending in numerous areas to speed recovery from the economic and health effects of the COVID-19 pandemic and the ongoing recession. As we have previously written,...

Eastern District of CA Announces First Civil Settlement Related to CARES Act Fraud

Posted  01/22/21
typing of word bankruptcy on typewriter
The Eastern District of California announced the very first civil settlement to resolve allegations of fraud against the CARES Act Paycheck Protection Program. The agreement was entered into with SlideBelts, Inc., and its President, CFO and CEO, Brigham Taylor, for falsely certifying on its PPP applications to three financial institutions that they were not in bankruptcy when, in fact, they had been in the bankruptcy...

Top Ten Federal Financial Fraud Recoveries of 2020

Posted  01/14/21
man pocketing cash in suit
The U.S. government has many enforcement options for financial and investment fraud, including those that provide for whistleblower rewards such as the SEC Whistleblower Program, the CFTC Whistleblower Program, and the IRS Whistleblower Program.  These programs, along with a new one under the Anti-Money-Laundering Act of 2020, are open for business and promise to pay millions of dollars in whistleblower awards in...

January 6, 2021

Utah-based smart home monitoring service provider Vivint Smart Home Inc. has agreed to pay $3.2 million to resolve allegations of making false and misleading statements to federally funded institutions, in violation of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA).  In order to sell Vivant products, certain door-to-door sales representatives allegedly used their own funds to cover initial payments for customers who needed financing from federally funded institutions, while representing to those institutions that the borrowers themselves had made the payments.  The fraudulent conduct, which occurred between 2017 and 2020, was eventually revealed by a declarant, who will be eligible for an award under the Financial Institutions Anti-Fraud Enforcement Act.  DOJ; USAO UT

Catch of the Week: Guild Mortgage

Posted  10/30/20
stack of mortgage papers with gavel and money
We’re in the midst of a recession, 13 million Americans are out of work, GDP growth is slowing, and stock market volatility is approaching record-breaking levels. This recession is largely driven by the emergence of a mostly natural and random phenomenon, COVD-19, though there is plenty of blame to go around in how humans have reacted to the spread of the virus. This week’s catch of the week, however, harkens back...

April 29, 2020

Lender Guaranteed Rate, Inc. will pay $15.1 million to resolve allegations that it knowingly failed to adhere to material program requirements in originating and underwriting mortgages insured by FHA or guaranteed by the VA, resulting in mortgages that did not meet credit and underwriting requirements for the government-sponsored guarantees and insurance.  The case was initiated by a whistleblower complaint filed under the False Claims Act by an unnamed former Guaranteed Rate employee, who will receive $2.4 million of the settlement proceeds.  The settlement also resolved claims under FIRREA.  DOJ; USAO NDNY

Catch of the Week: Wells Fargo Pays $3 Billion, and another $35 Million, in Latest in Long Line of Government Enforcement Actions against the Bank

Posted  02/28/20
wells-fargo-bank
On February 21, 2020 the Department of Justice announced that Wells Fargo & Co. agreed to pay $3 billion to resolve civil and criminal allegations that Wells Fargo’s “cross-selling” practices led to millions of accounts being opened for customers under false pretenses and without consent. These practices allegedly led to Wells Fargo collecting millions of dollars in fees. Less than one week later, two of...

February 21, 2020

Wells Fargo & Co. will pay a total of $3 billion in a federal settlement resolving criminal, civil, and administrative liability with respect to its “cross-selling” sales practices between 2002 and 2016 that led to the opening of millions of checking, savings, credit card, and other accounts on behalf of individual customers under false pretenses or without the customers’ consent.  As part of the settlement, Wells Fargo admitted that it collected millions of dollars in fees and interest to which the Company was not entitled, harmed customer credit ratings, and unlawfully misused customers’ personal information.  Wells Fargo entered into a three-year deferred prosecution agreement requiring the bank to take certain compliance steps and cooperate with ongoing investigations.  Of the $3 billion settlement, $500 million resolves SEC claims that the bank, knowing about the underlying violations, mislead investors about the success of its business; the SEC settlement will be distributed to harmed investors.  The federal settlement is in addition to a $575 million 2018 settlement Wells Fargo entered into with 50 states and the District of Columbia and a $100 million 2016 fine from the CFPB arising from the same conduct.  DOJ; SEC; WD NC; CD Cal

Top Ten Federal Financial Fraud Recoveries of 2019

Posted  01/17/20
top ten in letters
The U.S. government has a range on enforcement options for financial and investment fraud, including those that provide for whistleblower rewards such as the SEC Whistleblower Program, the CFTC Whistleblower Program, and the IRS Whistleblower Program, each of which are very much open for business and continuing to pay millions of dollars in whistleblower awards in exchange for their assistance in exposing...

Catch of the Week — General Electric to Pay $1.5 Billion under FIRREA in Subprime Loan Scheme

Posted  04/12/19
general electric company logo on building
The Department of Justice today announced that General Electric will pay a civil penalty of $1.5 billion under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) to resolve claims of fraud involving the marketing of subprime residential mortgage loans.  The loans at issue originated by a GE subsidiary, WMC Mortgage.  The government alleged that WMC, GE, and their affiliates allegedly...
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