Administrative Agency Residential Real Estate Criminal Law

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Public Housing Alert

Technical notice requirements, grievance procedures, and other aspects of federal law and regulation make evictions by public housing authorities ("PHAs") uniquely complex.  Since 1967, North Carolina law imposed an...more

FinCEN: Accountant and Elder Abuse

We have been keeping track of FinCEN's SAR Activity Review – Trends, Tips & Issues virtually from its inception. In its just issued May 2013 report, FinCEN provides new information regarding two areas of importance: 1)...more

DOJ Touts Active Enforcement of the False Claims Act in FY 2012

In a briefing earlier this week, Acting Associate Attorney General Tony West proudly reported that in FY 2012 the Department of Justice (DOJ) set a new single year record of nearly $5 billion in settlements and judgments...more

DOJ’s Response to Grassley Gives Details, but Not the Right Details

The Justice Department showed off some fancy dance moves in a recent sidestep it used to respond to an inquiry from Senator Chuck Grassley (R-Iowa). Grassley wanted detail from Justice to support its claims that it has...more

Sentencing Panel Amends Guidelines for Mortgage Fraud

Responding to a requirement in the Dodd-Frank Act that it review, and if appropriate, amend, the federal sentencing guidelines for mortgage fraud, the U.S. Sentencing Commission set forth on April 13, 2012, two new provisions...more

Mortgage Fraud Suspicious Activity Reports Up 31 Percent in 2011

The Financial Crimes Enforcement Network (“FinCEN”), a bureau of the U.S. Department of the Treasury, released its full-year 2011 update of mortgage loan fraud suspicious activity reports (MLF SARs) on April 23rd, 2012. The...more

Grassley’s Case Against DOJ Stance on Financial Fraud Is Vastly Overstated

In recent weeks, Sen. Charles Grassley (R-Iowa) has criticized the Department of Justice’s handling of executives that some argue are responsible for the financial crisis. Sen. Grassley, the ranking minority member of...more

DOJ Goes After Smaller Fraudsters, Lets Big Fish Escape

Successful criminal prosecutions of mortgage fraud seem to have one thing in common: a fraud figure well below $10 million. One of the recent cases that generated a fair amount of press involved the convictions of...more

U.S. Treasury Extends Bank Secrecy Act Requirements to Non-Bank Mortgage Lenders and Originators

The U. S. Treasury’s Financial Crimes Enforcement Network (“FinCEN”) has issued final regulations imposing on non-bank residential mortgage lenders and originators (“RMLOs”) the anti-money...more

Justice Department Establishes Residential Mortgage-Backed Securities Working Group

At a press conference on January 27, 2012, Attorney General Eric Holder, accompanied by the SEC Director of Enforcement, the Secretary for the Department of Housing and Urban Development, the Assistant Attorney General for...more

Got Pot? The Feds Try to Make Mortgagee Banks Liable Under the Crack House Statute

Banks holding mortgages now have one more thing to worry about: potential criminal and civil liability and forfeiture under the federal “crack-house” statute. Sound crazy? Read on, because late last year the four U.S....more

FinCEN Proposes Rules for Government-Sponsored Enterprises To Combat Mortgage Fraud

As part of its ongoing efforts to combat mortgage fraud and other related financial crimes, on November 8, 2011, the Financial Crimes Enforcement Network (FinCEN) published in the Federal Register a Notice of Proposed...more

Credit Crunch Digest- July 2011

The subprime lending crisis and ensuing credit crunch have resulted in significant losses and numerous lawsuits involving parties to the mortgage lending and securitization process. This digest collects and summarizes recent...more

FinCEN Proposes New Rule Requiring Residential Mortgage Lenders and Mortgage Originators to Implement Anti-Money Laundering...

On December 9, 2010, the Financial Crimes Enforcement Network (FinCEN) published a notice of proposed rulemaking (NPRM) explaining new requirements for residential mortgage lenders and mortgage originators to establish...more

Loan Modification Scams On The Increase

As more and more homeowners face the threat of foreclosure, scam artists are moving into the loan modification arena. The Office of the Comptroller of the Currency, which regulates nationally chartered banks, is warning...more

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