A Potential Basis For Objecting To Certain CFPB Sanctions

Law360, New York (July 29, 2015, 5:58 PM EDT) -- On July 14, 2015, the U.S. Court of Appeals for the District of Columbia Circuit held that the U.S. Securities and Exchange Commission could not employ certain remedial provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act[1] to retroactively punish an investment adviser for conduct that occurred prior to enactment of the act. The court's decision not only casts doubt on numerous similar punishments previously levied by the SEC based on pre-enactment misconduct, but could provide a basis for institutions to object to certain sanctions sought by the Consumer Financial Protection Bureau....

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