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identify synergies between mortgage fraud and lending discrimination enforcement activities in
order to increase effective enforcement in both areas. The Division also participates in the
Federal Interagency Fair Lending Task Force with federal regulatory agencies empowered to
refer matters to DOJ and to discuss and coordinate fair lending enforcement activities. As
illustrated below, much of that work has resulted in a steady increase of referrals from those
agencies, particularly referrals of matters involving race or national origin discrimination.
The Division is also working closely with state attorneys general. The Countrywide case was
done in coordination with the Illinois Attorney
General’s office and two of the Division’s current
active investigations are collaborations with state
attorneys general. In its friend-of-the-court brief
in USAA Federal Savings Bank v. Pennsylvania
Human Rights Commission (E.D. Pa.), the
Division stated the importance of state fair lending
enforcement by arguing that federal banking law
does not preempt state agencies enforcing state
fair housing laws from investigating a complaint
of lending discrimination by a federally chartered
bank.
Finally, Division representatives, led by the Assistant Attorney General, participated in 2011 in
numerous conferences, training programs, and meetings involving lenders, enforcement
agencies, advocacy and consumer groups, and others interested in fair lending throughout the
country, in order to inform critical stakeholders about the Division’s enforcement policies and
activities. The Division will continue these efforts in 2012 in order to strengthen and improve its
enforcement of fair lending protections.
V. LENDING DISCRIMINATION REFERRALS FROM OTHER FEDERAL
AGENCIES
Under ECOA, the bank
regulatory agencies and the
CFPB are required to refer
matters to the Department when
they have reason to believe a
lender has engaged in a pattern or
practice of discrimination.
Referrals are also made under
ECOA by the FTC, and under the
FHA by HUD. In the past three
years, the Division has received
an unprecedented number of referrals from our federal partners. From 2009-2011, the bank
regulatory agencies, the FTC, and HUD referred to DOJ a total of 109 matters involving a
potential pattern or practice of lending discrimination. Fifty-five of the 109 matters involved
Many Partners, Many Acronyms
CFPB - Consumer Finance Protection Bureau
FDIC - Federal Deposit Insurance Corporation
FRB - Federal Reserve Board
OTS - Office of Thrift Supervision
OCC - Office of the Comptroller of the Currency
NCUA - National Credit Union Administration
FTC - Federal Trade Commission
HUD - Dep’t of Housing and Urban Development
In USAA Federal Savings Bank v.
Pennsylvania Human Rights
Commission, the Division argued
that a state agency certified by the
Department of Housing and Urban
Development to enforce a state fair
housing law substantially
equivalent to the FHA is authorized
under the FHA to investigate a
lending discrimination complaint.