US V. Heinz May Bolster Expansive FIRREA Interpretation

Law360, New York (June 11, 2015, 9:43 AM EDT) -- The U.S. Department of Justice's aggressive use of the Financial Institutions Reform, Recovery, and Enforcement Act to sue banks for fraud just received an unexpected boost, and from an unlikely source: In a criminal case decided last week,[1] the Second Circuit endorsed an expansive approach to the application of FIRREA to frauds that "affect" a financial institution, including frauds in which the bank is not the target of the fraud....

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