News & Analysis as of

Department of Justice (DOJ) Underwriting

Wiley Rein LLP

Professional Services and Contract Exclusions Do Not Bar Coverage for Settlement of False Claims Act Investigation

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The Delaware Superior Court has held that a professional services exclusion and a contract exclusion in a D&O policy do not bar coverage for a False Claims Act settlement. Guaranteed Rate, Inc. v. ACE Am. Ins. Co., 2022 WL...more

Perkins Coie

Big Move in Celsius – Will Parties Get a Deeper Look from an Examiner’s Review

Perkins Coie on

Something big happened in the Celsius bankruptcy case last week. The filed by the Office of The United States Trustee (“UST”), a part of the US Department of Justice, has filed a motion asking the Court to appoint an examiner...more

Buchalter

Buchalter COVID-19 Client Alert: Entrapment-by-Estoppel: A Potential Future Defense for Lenders in PPP Fraud Cases

Buchalter on

The past decade has taught lenders much about regulatory enforcement risk. In the fallout of the 2008 financial crisis and collapse of the housing and related markets, the Department of Justice and other agencies...more

Goodwin

DOJ Investigates FHA Loans Issued by Florida-Based Mortgage Subsidiary

Goodwin on

On January 25, 2018, a Florida-based homebuilder filed its Form 10-K annual report with the Securities and Exchange Commission (SEC), disclosing that its “mortgage subsidiary has been subpoenaed by the United States...more

Goodwin

DOJ Secures $83 Million Settlement Over Alleged FHA Underwriting Violations

Goodwin on

On September 29, the U.S. Department of Justice (DOJ) announced that it had secured a settlement from a national lender, resolving allegations that the lender violated the False Claims Act, Program Fraud Civil Remedies Act,...more

Goodwin

HUD/DOJ Settle with FHA Mortgage Lender for $52.4 Million Over Alleged False Claims Act Violations

Goodwin on

On September 13, 2016, the Department of Justice (“DOJ”) announced a settlement agreement with a bank for allegedly violating the False Claims Act by improperly underwriting and originating of FHA-insured mortgage loans. ...more

Baker Donelson

Will the DOJ Kill FHA Loans Through Their Use of the False Claims Act?

Baker Donelson on

The purpose of the Federal Housing Administration (FHA) is "to help creditworthy low income and first time homebuyers, individuals and families often denied traditional credit, to obtain a mortgage and purchase a home." This...more

Orrick - Finance 20/20

Morgan Stanley Agrees to Settlement with DOJ and NYAG Totaling $3.15 Billion

Orrick - Finance 20/20 on

On February 11, the U.S. Department of Justice and the Attorney General of State of New York announced dual settlement agreements with Morgan Stanley providing for the payment of $3.2 billion. The settlements relate to Morgan...more

MoFo Reenforcement

CFPB Refers Another Auto Finance Company to DOJ on Disparate Impact Allegations

MoFo Reenforcement on

Not long after taking action against American Honda Finance Corporation under the disparate impact doctrine for allegedly discriminatory auto loan pricing, the CFPB has struck again—this time reportedly referring Santander...more

Bilzin Sumberg

Editorial: Banks Can Fight Buyback Claims with a Little Help from BofA

Bilzin Sumberg on

Bank of America took a big hit when it reached a record-breaking $16.65 billion mortgage settlement with the United States Department of Justice in August. The company is likely to attempt to recoup as much of the penalty as...more

Ballard Spahr LLP

Mortgage Banking Update - Febuary 06, 2013

Ballard Spahr LLP on

In This Issue: - Settlement of Michigan Lending Discrimination Lawsuit Underscores Regulatory Focus on Equal Access to Credit - Industry Employers Should Prepare Now for Health Care Reform - Title...more

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