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U.S. Using Subpoenas Under 1989 Act as New Tool to Probe Financial Firms

Thomson Reuters

Andrew W. Schilling

The U.S. Department of Justice has increased its use of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) to prosecute wrong-doing by financial firms. Accordingly, more institutions may find themselves having to deal with a subpoena under the act, including those that are directly targeted under the act. In-house counsel would be well advised to familiarize themselves with the statute and to respond to such subpoenas cautiously.

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Originally published in the Thomson Reuters; reprinted with permission.

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