The Department of Justice has recently begun using the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) as a tool in its arsenal to combat financial fraud, including bank fraud, mail fraud, wire fraud and making false statements. In the last two years, DOJ has filed FIRREA claims against financial institutions in civil lawsuits seeking potentially billions of dollars in civil penalties. This article, reprinted with permission from BNA Bank Report (99 BBR 186, 7/24/12) examines the scope and limitations of FIRREA in the context of the requirement that certain frauds are actionable only if the conduct "affects" a federally insured financial institution. It includes citations to cases illustrating the principle that a financial institution need not have been the victim or object of the fraud to be "affected" by it.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
Published In:
Criminal Law Updates, Finance & Banking Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Andrew Schilling, BuckleySandler LLP | Attorney Advertising