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Volume 2014 - Number 4

January 31, 2014

Government Gets More Aggressive in Using FIRREA To Prosecute MBS Fraud, DOJ Pushes the Envelope

Federal prosecutors have been successful in defending their use of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 in pursuing mortgage-related securities fraud and will continue to use the statute aggressively in enforcement actions barring any adverse court action, according to industry compliance experts. Only a handful of FIRREA cases were filed in the first 20 years after enactment of the statute, mostly simple fraud cases. In the last two years, however, the government has aggressively used FIRREA and the False Claims Act to target financial institutions for activities related to the origination, rating, securitization and servicing of residential mortgages. Of the two statutes, the government has pushed...

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This weekly covers the secondary mortgage market, including mortgage-backed securities and asset-backed securities.

 

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