(197) Under [section] 1833a, the DOJ sought to recover civil penalties for violations of mail fraud (198) and wire fraud (199) that "affect[ed] federally insured financial institutions." (200) The DOJ alleged that in 2007, Countrywide's residential mortgage lending business instituted a loan origination model, known as HSSL, (201) which increased the rate at which it originated and sold loans to Fannie Mae and Freddie Mac while eliminating underwriting and compliance supervision.
Judge Rakoff upheld the Self-Affecting Theory based on Countrywide having to settle repurchase claims to Fannie Mae and Freddie Mac resulting from the fraudulent HSSL scheme.
couldn't prove that the scheme to misrepresent the quality of its HSSL loans caused losses to Fannie Mae and Freddie Mac.
"The government cannot show that any loss suffered by Fannie and Freddie in connection with the HSSL loans proximately resulted from a misrepresentation by Countrywide about the loans, as opposed to other factors such as the worldwide mortgage crisis," the bank said in court papers.
Countrywide earned at least $165 million using HSSL, allowing the company to maintain revenue in a "cratering" market for subprime mortgages, prosecutors told the jury in closing arguments.
The HSSL lab can now extensively evaluate operator performance and safety risks of a new control-room interface before it is installed in an active plant.
The HSSL includes state-of-the-art glass-top touch- sensitive panels.
The full-scale, 15-panel simulator was fully completed in March, though operator crews from HSSL's industry partners had begun running initial simulations with the technology in November.
The Justice Department alleged that Countrywide danced around loan quality with HSSL
, which streamlined the underwriting process and paid loan officers on volume.
The program, HSSL
(High Speed Swim Lane), was publicised to be safe and secure, when actually they were not.