Government Enforcement
The mere threat of an enforcement action can stop a company in its tracks and delay or derail important business initiatives. BuckleySandler is sensitive to the business objectives of our clients and adept at helping a company stay on track when faced with real or potential government investigations or enforcement actions.
Our enforcement practice includes representing corporate clients and individual officers and directors at every stage of government investigations and enforcement actions - including white collar criminal matters - initiated by state and federal agencies including:
- Consumer Financial Protection Bureau (CFPB)
- Department of Justice (DOJ)
- Federal Trade Commission (FTC)
- Department of Housing and Urban Development
- Federal Housing Finance Agency (f/k/a Office of Federal Housing Enterprise Oversight)
- U.S. Attorneys’ Offices
- Securities and Exchange Commission (SEC)
- State attorneys general
BuckleySandler’s enforcement practice regularly defends clients against allegations involving a wide array of business contexts in federal and state grand jury investigations, trials, and appeals. In particular, we have represented clients in enforcement matters and related litigation involving a wide range of subject areas including:
- Consumer financial services
- False Claims Act and Qui Tam litigation
- Financial institution fraud
- Foreign Corrupt Practices Act (FCPA)
- Government procurement fraud
- Insurance fraud
- Money laundering and Bank Secrecy Act
- Options backdating
- State and federal RICO laws
- Securities fraud
- Tax offenses
We have also represented corporations and their executives in connection with Congressional investigations examining industry business practices. We assist clients in responding to informal and formal Congressional inquiries and in preparing for Congressional hearings.
Our Experience
A number of our lawyers have held senior positions at the Department of Justice (DOJ), Securities and Exchange Commission (SEC), Federal Reserve Board (FRB), the Office of the Comptroller of the Currency (OCC), the Federal Deposit Insurance Corporation (FDIC), and the FTC.
Our Success
On numerous occasions, we have successfully represented clients in enforcement actions and criminal investigations, obtained victory at trial and on appeal – including in the U.S. Supreme Court. Many of our greatest successes, however, have never become public because we were able to convince an enforcement agency not to take any action against our clients. Other representations have involved high-profile matters where we excel in developing effective legal and factual defenses and formulating and implementing strategies to minimize any collateral consequences – including public and media scrutiny.
Related Professionals
Significant Representations
- BuckleySandler is Handling Over Two Dozen CFPB Examinations, Investigations, or Enforcement Actions
- CFPB Student Lending Examinations
- DOJ SCRA Investigation
- Independent Foreclosure Review
- CFPB Ancillary Products Examination
- CFPB Ancillary Products Examination
- CFPB Ancillary Products Examination
- CFPB Auto Lending and Fair Lending Examination
- CFPB Compliance Management Systems Examination
- CFPB Consumer Complaint Process Examination
- CFPB Consumer Compliance Examination
- CFPB Consumer Compliance Examination
- CFPB Examination Readiness Preparation
- CFPB Fair Lending Investigation
- CFPB Manufactured Housing Finance Investigation
- CFPB Mortgage Lending and Servicing Examination
- CFPB Mortgage Lending Examination
- CFPB Mortgage Servicer Examination
- CFPB Payday Lending Examination
- CFPB Student Lending Investigation
- Investigation by U.S. Attorney for the Southern District of New York Regarding Sale of Loans to Fannie Mae and Freddie Mac
- Investigation by U.S. Attorney for the Southern District of New York Regarding FHA Direct Endorsement Lender Program
- Represented Large Bank in One of First CFPB Enforcement Matters
- Confidential Representation of Oil Industry Executives
- Confidential Representation of Senior Environmental Executives
- CFPB Compliance and Servicing Exam
- Confidential DOJ Investigation into Alleged Price Fixing
- Confidential Representation of Construction Firm
- Confidential Representation of Fourteen Drilling Industry Individuals in FCPA Investigation
- Confidential SEC Investigation into Alleged Insider Trading Activities
- Confidential SEC Investigation into Alleged Insider Trading Activities
- Confidential SEC Investigation into Alleged Securities Fraud
- Confidential SEC Investigation into Alleged Securities Fraud in Investment Education Industry
- Fair Lending Examination for Bank Holding Company
- Fair Lending Examination for Wholesale Lender
- FRB Investigation into Alleged Unfair and Deceptive Mortgage Origination Practices
- FTC Investigation Alleging Unfair and Deceptive Servicing Practices
- Illinois AG Investigation Alleging Unfair and Deceptive Servicing Practices
- OCC and DOJ Investigation into Alleged Discriminatory Lending Practices
- Representation of Mortgage Servicer in Concurrent Investigations
- Represented Mortgage Servicer in HUD Inquiry
- Securities and Exchange Commission v. Mark A. Jackson and James J. Ruehlen
- State of Nevada, Office of the Attorney General, ex rel. Catherine Cortez Masto, Attorney General v. PN II, Inc. d/b/a Pulte Homes, Pulte Mortgage, LLC f/k/a Pulte Mortgage Corporation
- United States of America v. John M. Mushriqui, et al
- Attorney General Investigation
- CFTC Investigation of CFO of Cattle-Raising Business
- CFTC Investigation of Commodities Brokerage Firm
- Confidential Representation of Corporate and Individual Clients in FCPA investigation
- Confidential Representation of Individual in FCPA Investigation
- FCPA Counseling
- FCPA Due Diligence
- FCPA M&A Counseling
- FCPA Policies and Procedures
- FHFA Investigation
- Insider Trading Investigation
- Loan Loss Reserves Investigation
- Marketing Timing Investigation -- Bank
- Marketing Timing Investigation -- Hedge Fund
- Multiple SEC Investigation of Gifts and Gratuities Policies
- NASD Delisting Proceeding
- NASD Insider Trading Inquiry
- NYSE Investigation Involving Insider Trading
- People of the State of California v. Yamaha USA et al.
- Representation of a Top 10 Bank Holding Company
- SEC and NY AG Investigations
- SEC Inquiry of U.K. Publisher
- SEC Investigation Involving False Periodic Reports
- SEC Investigation Involving Financial Fraud Allegations
- SEC Investigation Medical Supply Company Controller
- SEC Investigation of Broker-Dealer Affiliate
- SEC Investigation of CFO of Surety Bond Company
- SEC Investigation of Chief Compliance Officer of Broker-Dealer Affiliate
- SEC Investigation of Communications Company Executive
- SEC Investigation of Director of Health Care Company
- SEC Investigation of Executives of Communications Company
- SEC Investigation of Executives of Pharmaceutical Company
- SEC Investigation of Hedge Fund Founder
- SEC Investigation of Insider Trading Activity
- SEC Investigation of Newspaper Conglomerate
- SEC Investigation of Regional Brokerage Firm and Asset Manager
- SEC Investigation of Telecommunications Company Executive
- State of Ohio, Ex. Rel. v. New Century Financial Corporation, et al.
- Stock Options Backdating Investigation
- U.S. Department of Justice Investigation
- United States of America v. RBC Mortgage Company
- United States of America v. U.S. Bank, N.A.
- United Western Bank v. Office of the Comptroller of the Currency, et al.
- Advanta Bank v. Federal Deposit Insurance Corp.
- American Business Financial Services, Inc.
- Commonwealth of Mass. v. Fremont Investment & Loan, et al.
- Confidential Representation of Chief Financial Officer of Insurance/Financial Services Company.
- Counseling and Compliance
- District of Columbia v. Metropolitan Money Store Corp., et al.
- FCPA Policies and Procedures
- Federal Trade Commission v. Citigroup Inc., et al.
- Federal Trade Commission v. EMC Mortgage Corporation and The Bear Stearns Companies, LLC
- In re An Investigative Hearing into the Cash Advance Business of Advance America, Cash Advance Centers of North Carolina, Inc.
- Fannie Mae Securities, Derivative and ERISA Litigation
- In re GreenPoint Mortgage Co.
- In re SCRA Settlement
- In the Matter of AmSouth Bancorporation and AmSouth Bank, Federal Reserve Board and Alabama Department of Banking
- In the Matter of Citigroup Inc. and CitiFinancial Credit Company, Federal Reserve Board
- In re Fremont Investment & Loan
- In the Matter of Roslyn Savings Bank, New York State Banking Department
- Italian Data Privacy Indictment of Google Officials
- Lowman, et al. v. Mitchell Brothers, et al.
- Minnesota v. Fleet Mortgage Corporation
- National Community Reinvestment Coalition – Fair Lending Complaints
- Ohio Civil Rights Commission v. Farmers Insurance of Columbus, Inc. and Farmers Insurance Exchange
- Option One Mortgage Corporation
- People of the State of Connecticut v. Acordia, Inc.
- People of the State of Illinois v. Acordia, Inc.
- People of the State of New York v. Acordia, Inc. and Wells Fargo Bank, N.A
- Pulte Homes, Inc. et al. v. Goddard
- Representation of a Top 10 Mortgage Servicer
- Representation of Enron Senior Executive
- Representation of International Bank
- Confidential Representation of AOL / Time Warner Executives
- Representation of Recognition Equipment Vice President for Marketing
- Representation of WorldCom Executive
- Robison v. United States of America
- SEC and DOJ Investigation
- SEC Investigation
- SEC Investigation of Insurance Company
- State of Arizona, ex rel. Terry Goddard, Attorney General v. Pulte Home Corporation and Pulte Mortgage LLC
- State of Ohio v. Barclays Capital Real Estate Inc. dba HomEq Servicing
- State of Ohio v. Carrington Mortgage Services, LLC
- The People of California v. Jackson Hewitt Inc.
- United States of America v. Aubin
- United States of America v. Moody No. 88-6016, 903 F.2d 321
- United States of America v. Adkinson
- United States of America v. Cunningham
- United States of America v. Moody
- United States of America v. Murphy
- United States of America v. Pettigrew
- United States of America v. Riddle
- United States of America v. Saks
- United States of America v. Valencia
- United States of America v. Amsouth Bancorporation, et al.
- United States of America v. Associates Natl Bank
- United States of America v. Chevy Chase Fed. Savings Bank, et al.
- United States of America v. Deposit Guaranty
- United States of America v. Edward Rose Construction, et al.
- United States of America v. Erie Insurance Company of New York, et al.
- United States of America v. Fidelity Federal Bank, FSB
- United States of America v. First Lowndes Bank, Inc.
- United States of America v. Fleet Mortgage Corp.
- United States of America v. Key Bank Natl Assn, et al.
- United States of America v. Nationwide Nevada, LLC, et al.
- United States of America v. Oakridge Park, Inc.
- United States of America v. Old Kent Financial Corporation et al.
- United States of America v. Shawmut Mortgage
- United States of America v. W.R. Grace, et al.
- United States of America v. Compass Bank
- Wesley Trent Snipes v. United States Government
- Yamaha USA v. California Air Resources Board
- Yeager v. United States of America
Knowledge + Insights
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- How to Handle a Government Investigation: 13 Things You Should Do if the Government Comes Knocking
- BuckleySandler InfoBytes Blog, August 9, 2012
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- Special Alert: HUD Issues Proposed Disparate Impact Rule
- November 17, 2011
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- Podcast: Benjamin Saul, Elizabeth McGinn, and Jeff Naimon on the Impact of Wal-Mart v. Dukes
- BuckleySandler Podcast, October 21, 2011
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- Special Alert: Final FHA Rule Available on HUD's Website
- April 15, 2010
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- Special Alert : DOJ Announces Creation of a Fair Lending Unit
- January 14, 2010
Publications
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- Understanding FIRREA's Reach: When Does Fraud "Affect" a Financial Institution?
- BNA's Banking Report, July 24, 2012
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- Minimizing Missteps When Interfacing with SEC Staff
- Law360, July 6, 2012
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- The Fair Housing Act, Disparate Impact Claims, and Magner v. Gallagher
- The Banking Law Journal, February 1, 2012
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- Fair Lending Refocused: Loan Modification and Loss Mitigation Outcome Reviews
- LexisNexis Emerging Issues Analysis, September 26, 2011
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- The Recent Detroit Lending Discrimination Settlement
- Westlaw Journal, June 20, 2011
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- OCC Issues First Interpretation of Dodd-Frank Preemption Provisions, But Questions Remain
- Consumer Financial Services Law Report, June 8, 2011
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- FCPA: Recent Enforcement Activity Sounds Warning for Financial Services Industry
- Business Crimes Bulletin, June 1, 2011
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- The New “Independent Ability to Pay” Requirement for Open-End Credit Under the FRB’s Reg Z
- Bloomberg Law Report, June 1, 2011
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- Robosigning Revisited: Is the Foreclosure Documentation Crisis Spreading to Bankruptcy Courts?
- Thomson Reuters, May 23, 2011
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- Mortgage Litigation and the False Claims Act
- Thomson Reuters, May 13, 2011
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- Motor City Case Raises Red Flags on Redlining
- American Banker, May 13, 2011
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- FCA, FHA Lending, and US v. Deutsche Bank
- May 11, 2011
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- Regulatory Relationship Management: Planning, Organizing and Managing Examinations
- BNA's Banking Report, May 10, 2011
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- Regulatory Relationship Management: Building Trust, Credibility with Regulators
- BNA’s Banking Report, May 3, 2011
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- The Anti-Corruption Movement in India and the United States
- India Law News, April 4, 2011
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- The U.S. Foreign Corrupt Practices Act and Doing Business in India
- India Law News, April 4, 2011
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- How Do You Rate Your Fairness Awareness?
- American Banker, March 9, 2011
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- Back to the Future of TILA
- March 2, 2011
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- The Worse News About Bad CRA Grades
- American Banker, February 18, 2011
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- RESPA Closing Cost Disclosures Yesterday, Today, and Tomorrow
- Consumer Financial Services Law Report , February 2, 2011
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- Individual Liability and the FCPA: The Brave New World of Risk
- Westlaw Expert Commentary Series, January 24, 2011
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- The UDAP-ification of Consumer Financial Services Law
- The Banking Law Journal, January 3, 2011
Practice Areas
- Auto Finance
- Bank Director & Officer Defense
- Bank Regulatory
- Community Reinvestment Act
- Congressional Investigations
- Consumer Financial Protection Bureau
- False Claims Act & FIRREA
- Federal Trade Commission
- Foreign Corrupt Practices Act & Anti-Corruption
- Securities Litigation & Enforcement
- State Attorneys General
- Unfair, Deceptive & Abusive Acts and Practices Enforcement
- Whistleblower & Qui Tam
- White Collar
