U.S.s Aggressive Use of FCA Rejected in GSE Loan Case, But Claims Under FIRREA Allowed to Proceed
May 16, 2013
Efforts by the U.S. Attorney for the Southern District of New York to use the False Claims Act to recoup $1 billion in losses suffered by Fannie Mae and Freddie Mac have suffered a big setback. Last week, U.S. District Court Judge Jed Rakoff dismissed claims for treble damages and penalties the federal government brought under the FCA against Bank of America as successor to Countrywide Financial for allegedly selling defective loans to the two government-sponsored enterprises while representing that the mortgages complied with their requirements. The government asserted...