News & Analysis as of

Compliance Consent Order

Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations. ... more +
Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations.  In response to many corporate scandals evidencing rampant unethical business practices, many nations, including the United States, began passing strict regulatory frameworks aimed at curbing these abuses. Notable pieces of legislation in this area include the U.S. Foreign Corrupt Practices Act (FCPA), Sarbanes-Oxley (SOX), and the U.K. Bribery Act, to name a few. The foregoing statutes and the severe penalties often associated with them form the basis of many modern institutional compliance programs. less -
Sheppard Mullin Richter & Hampton LLP

CFPB Hits Executive Compensation in Action Against National Mortgage Servicer for Illegal Foreclosure Practices

On August 21, the CFPB entered into a consent order with a nonbank mortgage servicer for mortgage servicing violations and for violating an earlier 2017 CFPB consent order for deficient foreclosure practices. In 2017, the...more

Goodwin

Supervisory Experience and Enforcement Actions Continue to Drive Supervisory Priorities and Policy Development

Goodwin on

This article identifies themes we have observed in recent public formal enforcement actions issued to institutions by the US federal bank regulatory agencies (Agencies) — the Board of Governors of the Federal Reserve System...more

Arnall Golden Gregory LLP

Q&A With Allison Raley: Defending Against Government Investigations

Q: What are the primary areas of focus in your practice related to government investigations? A: My practice primarily focuses on defense against enforcement actions brought by regulatory bodies such as the Office of Foreign...more

Venable LLP

CFPB to Launch Registry of Nonbank Enforcement Actions

Venable LLP on

In a move that's sure to make nonbank financial institutions even more uncomfortable, the Consumer Financial Protection Bureau (CFPB) has decided to shine a brighter light on those that have been alleged to violate consumer...more

Husch Blackwell LLP

Why the FDIC's Consumer Compliance Supervisory Highlights Should Be on Your Reading List

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Similar to the Consumer Financial Protection Bureau’s Supervisory Highlights, the Federal Deposit Insurance Corporation (FDIC)’s Consumer Compliance Supervisory Highlights should be on your reading list. While the FDIC has...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Used Oil: Alabama Department of Environmental Management and Montgomery Used Oil Transportation Company Enter into...

The Alabama Department of Environmental Management (“ADEM”) and Buck Oil Services, Inc. (“Buck Oil”) entered into a January 31st Consent Order (“CO”) addressing alleged violations of the Alabama Used Oil Regulations. See...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Jefferson County Hazardous Waste Management...

The Alabama Department of Environmental Management (“ADEM”) and Safety-Kleen Systems, Inc. (“Safety-Kleen”) entered into a December 22nd Consent Order (“CO”) addressing alleged violations of the Alabama Hazardous Waste...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Alabama Department of Environmental Management and Monroe County Production/Extraction Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and Hilcorp Energy Company, Inc. (“Hilcorp”) entered into an August 31st Consent Order (“CO”) addressing alleged violations of the Alabama Air Regulations. The...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Huntsville Hazardous Waste Management Facility...

The Alabama Department of Environmental Management (“ADEM”) and Safety-Kleen Systems, Inc. (“Safety-Kleen”) entered into a Consent Order (“CO”) addressing alleged violations of the Alabama Hazardous Waste Regulations. See...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Tire/Solid Waste Enforcement: Alabama Department of Environmental Management and Covington County Construction/Demolition Landfill...

The Alabama Department of Environmental Management (“ADEM”) and Ashberry Landfill, LLC (“Ashberry Landfill”) entered into a December 16th Special Order by Consent (“Order”) addressing alleged violations of a Solid Waste...more

Adams and Reese LLP

FDIC Sends Clear Message in Recent Enforcement Action: BaaS/Fintech Partnerships are a High-Risk Compliance Area

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Last month, the Federal Deposit Insurance Corporation (“FDIC”) took action against a bank for alleged unsafe or unsound banking practices. This, in and of itself, is not usual or newsworthy. What is unusual and newsworthy,...more

Hudson Cook, LLP

In Latest "Repeat Offender" Salvo, CFPB Sues Mortgage Company for Alleged HMDA Reporting Violations

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The complaint, filed in the U.S. District Court for the Southern District of Florida, alleges that a non-bank residential mortgage loan originator violated the Home Mortgage Disclosure Act ("HMDA") by submitting inaccurate...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: Alabama Department of Environmental Management and Woodstock Recycling/Salvage Yard Enter into Consent...

The Alabama Department of Environmental Management (“ADEM”) and PK Business LLC (“PK”) entered into a May 25th Consent Order (“CO”) addressing alleged violations of the Alabama Stormwater Clean Water Act Stormwater...more

Shipkevich PLLC

CFPB Continues to Target Consumer Lending Activity, Imposes $20 Million Penalty

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On May 31, 2023, the Consumer Financial Protection Bureau (CFPB) took decisive action against installment lender OneMain Financial, demanding the payment of $20 million in penalties and redress. In the consent order, the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Alabama Department of Environmental Management and Mobile Drum-Mix Asphalt Plant Enter into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and Hosea O. Weaver & Sons, Inc. (“HOWSI”) entered into a May 10th Consent Order (“CO”) addressing an alleged violation of an air permit. The CO provides that...more

BakerHostetler

NYS DFS Focuses on Cybersecurity Violations and Increasing Crypto Resources

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On May 1, 2023, the New York State Department of Financial Services (DFS or Department) issued a consent order (Consent Order), imposing a $1.2 million fine on bitFlyer USA, a cryptocurrency trading platform and custodial...more

BakerHostetler

US Crypto Exchange Consents to $100M DFS Settlement for AML Compliance Failures

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On January 4, 2023, the New York State Department of Financial Services (“DFS”) announced that Coinbase, Inc., a major U.S. cryptocurrency exchange, will pay a $50 million penalty and invest an additional $50 million in its...more

Buchalter

CFPB Proposes That Non-Bank Consumer Finance Companies Must (1) Register all Federal, State and Local Regulator Enforcement Orders...

Buchalter on

Registration of Regulator Orders and Court Judgments - On December 12, 2022, the CFPB issued a proposed rule regarding non-bank consumer finance firms registration of all settlements and enforcement orders. The proposed...more

Shipkevich PLLC

Coinbase Agrees To Settlement With New York Regulator

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On January 4, 2023, the New York State Department of Financial Services issued a consent order against Coinbase, a virtual currency company. Pursuant to the consent order, Coinbase will be paying a $50 million penalty to the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Glencoe Commercial Hazardous Waste...

The Alabama Department of Environmental Management (“ADEM”) and American Transportation Solutions, LLC (“ATS”) entered into a December 14th Consent Order (“CO”) addressing an alleged violation of the Alabama Hazardous Waste...more

BakerHostetler

SEC Finds Investment Adviser CEO Liable for Failing to Supervise High-Risk Representative

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On Nov. 3, 2022, the SEC announced a consent order against a registered investment adviser (RIA) and its chief executive officer (CEO) for failing to reasonably supervise one of the RIA’s investment adviser representatives...more

Holland & Knight LLP

CFPB Targets Garnishment Practices: Banks Need a Robust Compliance Plan

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When a consumer fails to pay a debt, the creditor may engage in proceedings to collect, which may result in a court issuing a garnishment notice directing a bank to freeze and turn over funds in the consumer's deposit account...more

BakerHostetler

Major U.S. Crypto Exchange Consents to $29 Million Penalty for Historic BSA and OFAC Violations

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​​​​​​​On October 11, 2022, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) and Office of Foreign Assets Control (OFAC) announced a $29 million civil monetary penalty against Bittrex, a...more

Pillsbury Winthrop Shaw Pittman LLP

NYDFS Continues Series of Fair Lending Enforcement Actions against New York State-Chartered Banks

NYDFS is closely evaluating fair lending compliance at the institutions it regulates, and bringing enforcement actions based on statistical analyses of lenders’ loan portfolios. NYDFS has entered into a series of consent...more

Epiq

Planning for a Remediation: Proactive Considerations for Financial Institutions

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Financial institutions are more regularly dealing with voluntary remediations and public consent order activity due to heightened scrutiny by regulators and changing internal policies. These events can be complex and also...more

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