Michelle L. Rogers
Partner
- p. 202.349.8013
- f. 202.349.8080
- mrogers@buckleysandler.com
Biography
Michelle L. Rogers is a partner in the Washington, DC, office of BuckleySandler LLP. Ms. Rogers represents institutions in a wide range of litigation matters, including government enforcement actions, class action litigation, regulatory examinations, and corporate internal investigations. She has represented clients in matters involving the Department of Justice (DOJ), the Consumer Financial Protection Bureau (CFPB), federal and state bank regulators, the Department of Housing and Urban Development (HUD), and state attorneys general, and in cases involving the False Claims Act, Program Fraud Civil Remedies Act (PFCRA), Financial Institutions Reform, Recovery and Enforcement Act (FIRREA), Truth in Lending Act, Fair Housing Act, Equal Credit Opportunity Act, Civil Rights Act, and unfair and deceptive trade practices statutes. She also has extensive experience managing complex discovery issues.
Recently, Ms. Rogers has represented financial institutions in the following matters:
- Ongoing FIRREA investigations by the U.S. Attorney for the Southern District of New York concerning compliance with the Federal Housing Administration’s (FHA) Direct Endorsement Lender program and representations made in the sale of loans to Fannie Mae and Freddie Mac.
- Several CFPB examinations, including of lending, servicing, compliance management, and complaint processes.
- Defending False Claims Act and PFCRA cases concerning FHA-insured loans, including before the DOJ and HUD’s Office of the Inspector General and Mortgagee Review Board.
- Defending lenders, servicers, securitizers and secondary purchasers in class action cases alleging unfair and deceptive lending and violations of fair lending laws.
- Confidential bank regulator referrals to the DOJ for alleged fair lending violations that resulted in the DOJ declining to take action.
- An appeal on behalf of a bank and bank holding company contesting the supervisory rating assigned by their prudential regulator.
Prior to joining BuckleySandler at its inception in 2009, Ms. Rogers was an associate at Skadden, Arps, Slate, Meagher and Flom, LLP.
Ms. Rogers was an Articles Editor for the Administrate Law Review and a member of the Moot Court Honor Society, where she won four national Best Oralist awards. Ms. Rogers received a J.D. from The American University, Washington College of Law in 2005 (summa cum laude, Order of the Coif) and a B.A. from Franklin and Marshall College in 2001 (magna cum laude, Phi Beta Kappa).
Significant Representations
Obtained voluntary dismissal on behalf of clients Greenwich Capital Financial Products and Greenwich Capital Acceptance of adversarial claims in US Bankruptcy court alleging common law fraud, violatio... MORE
Brooks v. ComUnity Lending, Inc., et al.
Putative nationwide borrower class action alleging, among other things, violations of the Truth in Lending Act (TILA) in ComUnity’s subsequent purchase of payment option... MORE
CFPB Compliance and Servicing Exam
Provide counsel and advice to top 10 bank holding company during CFPB compliance and servicing examinations.
CFPB Consumer Complaint Process Examination
Assisting global financial services firm with preparation for joint examination by the OCC and CFPB regarding their customer complaint management process.
Chace v. Wells Fargo Home Mortgage
Achieved summary dismissal of complaint alleging breach of contract, misrepresentation, fraud, and Truth In Lending Act violations on motion to dismiss.
Commonwealth of Mass. v. Fremont Investment & Loan, et al.
Lawsuit brought by the Commonwealth of Massachusetts alleging unfair and deceptive lending and loan servicing practices. Case settled in June 2009 without admission of liability or wrongdoing.
Fair Lending Examination for Bank Holding Company
Advised top 10 bank holding company during regulatory fair lending examination and subsequent referral to Department of Justice, resulting in DOJ decision not to pursue referral and return of matter t... MORE
Fair Lending Examination for Wholesale Lender
Advised wholesale lender during regulatory fair lending examination and comparative file review, resulting in finding of no pattern of discrimination on prohibited basis.
Represented GMAC LLC in putative nationwide borrower class action alleging racial discrimination in GMAC's mortgage lending in violation of the Fair Housing Act, the Equal Credit Opportunity Act, and ... MORE
Hernandez v. Sutter West Capital Mortgage, Inc., et al
Obtained voluntary dismissal of RBS Financial Products Inc. in lawsuit alleging common law and statutory fraud and violation of the Fair Housing Act and Equal Credit Opportunity Act.
In re Fremont Investment & Loan
Federal Deposit Insurance Corporation and California Department of Financial Institutions (2007). Cease and desist order relating to underwriting and lending practices in subprime residential real est... MORE
Represent top 10 bank in ongoing investigation by the U.S. Attorney for the Southern District of New York regarding the bank's compliance with FHA's direct endorsement lender program, including the ba... MORE
Represent top 10 bank in ongoing investigation by the U.S. Attorney for the Southern District of New York regarding the bank's mortgage underwriting standards and representations made in the sale of l... MORE
Ongoing representation of RBS Financial Products Inc. in putative nationwide borrower class action alleging, among other things, violations of the Truth in Lending Act (TILA) in RBS's subsequent purch... MORE
Kuehl v. EMC Mortgage Corp, et al.
Achieved dismissal on demurrer of complaint alleging, among other things, common law and statutory fraud, breach of fiduciary duty and elder abuse in the secondary purchase and sale of plaintiff&rsquo... MORE
Penaflor v. OneWest Bank, et al.
Achieved summary dismissal without leave to amend on demurrer of complaint alleging fraud in the securitization of plaintiff’s loan.
People of the State of New York v. Acordia, Inc. and Wells Fargo Bank, N.A
Represented Wells Fargo Bank, NA in lawsuit filed by the New York Attorney General alleging fraudulent business practices, unjust enrichment, common law fraud and breach of fiduciary duty on the basis... MORE
Perenon v Paul Financial LLC et al
Negotiated individual borrower settlements following dismissal of all common law claims and statutory fraud claim on motion to dismiss in case alleging violations of the Truth in Lending Act, and clai... MORE
Reade v. Paul Financial, et al.
Negotiated pretrial settlement of action alleging statutory fraud in the origination and securitization of plaintiff’s loan.
Rebecca Saavedra v. GMAC Mortgage, LLC et al.
Putative nationwide borrower class action alleging, among other things, violations of the Truth in Lending Act (TILA) in GMAC Mortgage’s subsequent purchase of payment o... MORE
Representation of a Top 10 Bank Holding Company
Action by HUD MRB alleging statutory claims related to servicing of FHA loans. Negotiated pre-suit settlement resulting in substantial reduction of potential penalties, while successfully avoiding DOJ... MORE
Representation of a Top 10 Mortgage Servicer
Joint action by the Department of Justice and HUD OIG. Successfully obtained dismissal of HUD proceeding alleging violation of the Program Fraud Civil Remedies Act, and jointly negotiated pre-suit set... MORE
United States of America v. Compass Bank
Represented Compass Bank in obtaining a consent decree settlement with the Department of Justice resolving allegations that the bank engaged in a pattern or practice of discrimination on the basis of ... MORE
United States of America v. RBC Mortgage Company
Joint action by the U.S. Attorney’s Office for the Northern District of Illinois and HUD OIG. Negotiated settlement of a lawsuit involving Civil False Claims Act and Program Civil Fraud Remedies... MORE
United States of America v. U.S. Bank, N.A.
Joint action by the U.S. Attorney’s Office for the District of Minnesota and HUD alleging violations of FHA underwriting and late endorsement requirements. Successfully obtained pre-suit s... MORE
Resolved putative nationwide class action lawsuit alleging predatory lending against Financial Asset Securities Corporation through individual borrower settlement following motion to dismiss.
Publications
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HAMP Risk on the Rise: A Complicated Regulatory Scheme Under the Spotlight
BNA's Banking Report, June 5, 2013
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A Financial Institution's Fraud on Itself Triggers FIRREA
Law360, April 26, 2013
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Little-known Statute May Breathe New Life into False Claims Act Cases Against Financial Institutions
Thomson Reuters Accelus, April 18, 2013
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FCA Allows Treble Damages - 'But Treble What?'
Law360, March 26, 2013
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Finally, 8 Factors Governing FIRREA Civil Penalty Awards
Law360, March 12, 2013
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How the DOJ is Adapting in the War on Financial Fraud
Law360, November 9, 2012
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FCA, FHA Lending, and US v. Deutsche Bank
May 11, 2011
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March 2, 2011
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The Impending Storm: Post-preemption State Consumer Protection Enforcement
Consumer Financial Services Law Report, March 3, 2010
In The News
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BuckleySandler LLP Announces Partner Promotions
May 1, 2013
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BuckleySandler in Parents Magazine: "The Fight For Better Maternity Leave"
Parents Magazine, January 17, 2012
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BuckleySandler Elects Two New Partners & Promotes Six Attorneys to Counsel
December 15, 2011
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BuckleySandler's False Claims Act and FHA Lending Webinar Recording Now Available
May 12, 2011
Speaking Engagements & Events
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BuckleySandler Webinar: Whistleblowers 101 - DOJ, SEC, and CFPB Enforcement Trends
April 11, 2013
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United States v. S&P: Understanding FIRREA's Reach and Limitations
February 21, 2013
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November 16, 2012
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The New and Complex World of HUD/FHA Lending Requirements
October 24, 2011
