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Financial Services Law Insights and Observations

International bank settles with DOJ for $765 million regarding alleged RMBS misconduct

Securities DOJ Settlement RMBS FIRREA

Securities

On October 9, the U.S. Attorney for the District of Colorado announced that an international bank would settle claims related to the bank’s packaging, securitizing, issuing, marketing and sale of residential mortgage-backed securities (RMBS) in the lead-up to the 2008 financial crisis. In particular, the U.S. alleged that (i) the bank’s due diligence loan review procedures disclosed to investors were not, in certain instances, followed; (ii) bank managers overruled due diligence vendors’ warnings regarding the quality of certain loans included in securitizations; and (iii) the bank misrepresented the quality of the RMBS to investors. The bank disputes the allegations and does not admit to any liability or wrongdoing, but agreed to pay a $765 million civil money penalty pursuant to the Financial Institutions Reform, Recovery, and Enforcement Act to resolve the matter.