One of the advantages FIRREA
offers prosecutors is that, as a civil suit, it demands only that the government prove its case using the "preponderance of the evidence" civil standard, rather than the heightened "beyond a reasonable doubt" criminal standard.
In 1989 the President of the United States signed FIRREA
encompassed only the financial regulatory agencies, federal regulatory action was also taken by the Office of Management and Budget (OMB) to make all federal agencies consistent with Title XI.
in Virginia, who served on the state's Real Estate Appraisal Board from 1990-1996, the last two as chair, decried FIRREA
, stating that the clauses "effective supervision" and "minimum standards" seem at odds with each other.
For example, a lender subject to FIRREA
is considering making a loan on a 500,000-square-foot, nearly fully leased, CBD office building, as of summer 1992.
Fried Frank's False Claims Act and FIRREA
attorneys have extensive experience in every facet of the civil False Claims Act, and have been on the cutting edge of litigation and debate about the interpretation and scope of both statutes - the False Claims Act and the Financial Institutions Reform, Recovery and Enforcement Act of 1989.
does not define what it means to "affect a federally insured financial institution.
The [Justice] Department's tortured legal analysis has turned FIRREA
on its head," argued the House panel.
, the Financial Institutions Reform, Recovery and Enforcement Act, allows the Justice Department to sue over fraud affecting a federally insured financial institution.
The provisions were mandated under the Dodd-Frank Act, the Interagency Appraisal and Evaluation Guidelines; changes to FIRREA
, the Truth in Lending Act (TILA), Equal Credit Opportunity Act (ECOA) and Uniform Standards of Professional Appraisal Practice (USPAP); and an ever-growing list of state statutes and rules, to name a few.
This settlement also releases the firm from False Claims Act, FIRREA
and other civil and administrative liability for FHA and VA insurance claims that have been paid to JPMorgan Chase since 2002 through the date of the settlement.
While common law D'Oench Duhme and [section] 1823(e) D'Oench Duhme provide similar protections, debate persists as to whether common law D'Oench Duhme is preempted by FIRREA
, or if common law D'Oench Duhme still has continuing vitality separate and apart from, but alongside, [section] 1823(e).