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Due To "Triple Damages" Under False Claims Act, Deutsche Bank Damages May Total More Than $1 Billion - Full Lawsuit Attached

Tyler Durden's picture




 

Step aside Goldman Sachs, welcome Deutsche Bank: "This is a civil mortgage fraud lawsuit brought by the United States against Deutsche Bank and MortgageIT. As set forth below, Deutsche Bank and MortgageIT repeatedly lied to be included in a Government program to select mortgages for insurance by the Government. Once in that program, they recklessly selected mortgages that violated program rules in blatant disregard of whether borrowers could make mortgage payments. While Deutsche Bank and MortgageIT profited from the resale of these Government-insured mortgages, thousands of America homeowners have faced default and eviction, and the Government has paid hundreds of millions of dollars in insurance claims, with hundreds of millions of dollars more expected to be paid in the future... Deutsche Bank and MortgageIT had powerful financial incentives to invest resources into generating as many FHA-insured mortgages as quickly as possible for resale to investors... DB and MortgageIT repeatedly lied to HUD to obtain and maintain MortgageIT's Direct Endorsement Lender status.... Their violations of HUD rules were egregious." And what investors are focused on: "In this suit, the United States seeks treble damages and penalties under the False Claims act and compensatory and punitive damages under the common law theories of breach of fiduciary duty, gross negligence, negligence, and indemnification for the insurance claims already paid by HUD for mortgages wrongfully endorsed by MortgageIT. In addition, the United States seeks compensatory and punitive damages." And what is also notable is that this fraud persisted well past the housing crunch, continuing well into 2009 according to the lawsuit.

Bottom line: hit could be bigger than $1 billion.

DB Mortgage Fraud

 

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Tue, 05/03/2011 - 10:48 | 1233889 doomandbloom
doomandbloom's picture

merely a ploy to get Germany to play ball on Euro issues....

Tue, 05/03/2011 - 11:00 | 1233932 uno
uno's picture

I agree, just like using Toyota braking issue last year when negotiating the Okinawa base leases, even though the Toyota issue was known for 2 years.

Tue, 05/03/2011 - 11:15 | 1234020 Urban Redneck
Urban Redneck's picture

Lloyd & Jaime are probably enroute to Ben's drive up window for a big bundle of US taxpayer cash to buy every politician in the Eurozone, because Timmy in leather chaps with no anal bum cover at the next G-7 meeting will be an invitation for retaliation.  Hopefully the leaches can suck some blood out of the squids.    

Tue, 05/03/2011 - 12:55 | 1234651 Silver Alert
Silver Alert's picture

No big deal. If the US wins the lawsuit the US citizens just pay for it anyway through backdoor bailouts.

Tue, 05/03/2011 - 10:55 | 1233908 redpill
redpill's picture

Billion shmillion. Two of their divisions got that much from the Fed alone.

Tue, 05/03/2011 - 11:22 | 1234040 DeadFred
DeadFred's picture

Feels like we're in one of those StarTrek time bubble thingies. Repeating last year only with different names.  Market tops in two days.  Flash crash in three weeks.

Tue, 05/03/2011 - 13:45 | 1234902 chumbawamba
chumbawamba's picture

A billion is closer to a million than a trillion.

In other words, pfeh.  That'll be one day's profit in future dollars.

I am Chumbawamba.

Tue, 05/03/2011 - 10:54 | 1233911 oogs66
oogs66's picture

Their violations of HUD rules were egregious...

 

So we only sue those that were egregious and not those that we only blatant?

Seriously, why only DB?  Couldn't they just file it as [Investment Bank] and have an appendix of 40 or 50 institutions?  Or maybe they got confused trying to figure out if they sue BofA, or BofA and Merrill, or BofA and Merrill and Countrywide? 

Tue, 05/03/2011 - 15:39 | 1235479 malek
malek's picture

I am absolutely sure this has to do nothing at all with DB being a non-US institution.

Tue, 05/03/2011 - 10:55 | 1233917 cxl9
cxl9's picture

The entire business of modern banking is fraudulent. There is no way for the banks to make money other than fraud, either subtle or blatant. Now governments can cherry pick the frauds and use lawsuits to skim some extra revenue from the banks at will. It's a great system. Banks defraud customers and taxpayers. Governments use the corrupt courts to steal some of the loot back. Lawyers skim millions.

Tue, 05/03/2011 - 12:16 | 1234388 ghostfaceinvestah
ghostfaceinvestah's picture

This is especially true in mortgage origination - it is very tough to really make money originating mortgages honestly, whether you are a broker or a bank.

Tue, 05/03/2011 - 10:56 | 1233923 In Fed We Trust
In Fed We Trust's picture

So I have A question of any of you techies out there?

 

Just now Im at the Drudge, and I click on the headline "WH release Bin Laden Photo"

WHile that page is loading, in the bottom left of my screen(where it shows the files loading, a file called citi.bridgetrack.com is loading.

 

Separetly, in the past I have noticed several other files with funny or odd names loalinging when at the Drudge, like one called rubicon-project optomized, or something.

Any ideas ??

 

Tue, 05/03/2011 - 11:11 | 1234006 Hephasteus
Hephasteus's picture

If you run windows you need to load peerguardian. And simply IP ban anyone you don't want to talk to.

Tue, 05/03/2011 - 11:23 | 1234053 Antarctico
Antarctico's picture

I run Firefox plus Noscript and Adblock Plus. Not only does trash script like citi.bridgetrack.com not get through to me, but I also rarely see a web ad.

Tue, 05/03/2011 - 10:59 | 1233926 DizzySailor
DizzySailor's picture

Odd the suit is against a foreign bank, no criminals at home??

Tue, 05/03/2011 - 11:04 | 1233952 Jim B
Jim B's picture

I think it has to do with campaign contributions......

Tue, 05/03/2011 - 11:29 | 1234079 Alienated Serf
Alienated Serf's picture

Ding Ding!! We have a winner.

Tue, 05/03/2011 - 11:40 | 1234149 JGambolputty
JGambolputty's picture

DB is the continuation of the old Bankers' Trust, so it's very much a domestic matter.  

BTW, some may recall that BT achieved infamy by allegedly defrauding corporate customers P&G and Gibson Greetings on complex derivatives in 1994 and then bragging about it on recorded lines.  Apparently it's hard to eradicate corporate DNA.

Tue, 05/03/2011 - 21:26 | 1236582 TheMerryPrankster
TheMerryPrankster's picture

The Feds settled with a number of megabanks a few weeks ago, the terms were rather vague as the news reported that there may or may not be fines and if so they will be determined in the future.

http://www.americanprogress.org/issues/2011/04/mortgage_servicing.html

Tue, 05/03/2011 - 11:00 | 1233931 Logans_Run
Logans_Run's picture

I hate to sound cynical but has Bharara decided he wants to run for Governor of New York?

Tue, 05/03/2011 - 10:58 | 1233935 ZakuKommander
ZakuKommander's picture

NEVER -- I repeat, NEVER -- get excited about civil lawsuits.

Has there ever been, in the history of the world, a lawsuit that has not been contested?  And dragged out?

Nearly 100% of lawsuits settle, after much sturm und drang, and lots and lots of legal fees.  But the settlement is something that can be comfortably be paid.  And things go back to normal.

Tue, 05/03/2011 - 11:02 | 1233941 luigi
luigi's picture

I suppose this sets a good precedent for Greece to sue GS for fraudolent consultancy on balance issue, or for many Italian Munis "stuffed" with derivatives by courtesy of GS consultants... Not that I have something special against GS, I'm sure there are many examples possible for all investment banks, be they American, German, Italian or whatever...

Tue, 05/03/2011 - 11:02 | 1233943 Jim B
Jim B's picture

And they are not suing US banks because.....

Tue, 05/03/2011 - 11:01 | 1233951 sangell
sangell's picture

Reminds me of a story where the police found a drug dealer selling fake cocaine to a buyer who was paying for it with counterfeit money.

That seems to be about the size of it when you have the US government going after the banks.

Tue, 05/03/2011 - 11:07 | 1233972 trx
trx's picture

Well, the bailout bucket has to be filled somehow...

In last years Goldman case, it was estimated a fine of about USD 3bn.

We know how that ended....a cash settlement of USD 550 million / or about 3,4% of Goldmans bonus pool..

 

This is most likely heading the same way.

Tue, 05/03/2011 - 11:07 | 1233975 iinthesky
iinthesky's picture

Only a billion? Pfft-- chump change..

All these lawsuits have tidbits of the real fraud. This stuff is just the tip of the iceberg.

Tue, 05/03/2011 - 11:08 | 1233976 Stuck on Zero
Stuck on Zero's picture

The Feds will take down all the competition for the biggest banksters.  They will never touch the big guys.

Tue, 05/03/2011 - 11:09 | 1233982 TIMMAYYY
TIMMAYYY's picture

lawsuit FAIL....take a face plant

Tue, 05/03/2011 - 11:07 | 1233984 Problem Is
Problem Is's picture

US Government: Now, pay 0.003% of your profits in fines and admit no guilt... Next.

Tue, 05/03/2011 - 11:15 | 1234010 oogs66
oogs66's picture

but pretend like it hurts so we can feel good about 'getting' you

Tue, 05/03/2011 - 11:15 | 1234022 iinthesky
iinthesky's picture

Yeah.. notice all these suits are civil suits (cause the courts have no other jurisdiction). What should be done here is 1) bring to light what everyone already knows, that every lawyer involved in a closing and 2) every insider in every megabank et. al. involved in securitizing thereby commiting theft, sedition, fraud on a massive scale, identity theft, and treason just to name a few things should be brought before a military court because they DO have the only criminal jurisdiction available. Military justice to be doled out forthwith.

Tue, 05/03/2011 - 11:30 | 1234078 gwar5
gwar5's picture

Even 3X $1 billion doesn't even seem like that much.

 

Tue, 05/03/2011 - 11:33 | 1234100 SmittyinLA
SmittyinLA's picture

Reviewing the City of Bell CA finances and bond debts I noticed Deutsch bank had their greasy hands all over it< i bet if one review the actual Bell homeowners bond holders we'd find the same people and they probably bought insurance from AIG too.

Tue, 05/03/2011 - 11:59 | 1234248 DarthVaderMentor
DarthVaderMentor's picture

The government still hasn't figured out that with fines from laws like FCA they could fix the deficit quickly.

Tue, 05/03/2011 - 12:30 | 1234504 glenlloyd
glenlloyd's picture

A billion just isn't going to make a dent, lmk if it gets to a trillion and I'll pay attention.

The only way this gets any play is if, in the process of prosecuting this case it a) dovetails into a much larger fraud issue or 2) if someone breaks down and implicates someone big.

Tue, 05/03/2011 - 13:12 | 1234728 jplotinus
jplotinus's picture

...or 3) provides a basis for a foreclosure defense by individual mortgagors in state foreclosure cases.

Tue, 05/03/2011 - 12:58 | 1234652 goldfreak
goldfreak's picture

the FED bought 300 billion of MBS from Deutsche, probably worth ten billion, so one billion will really hurt them

Tue, 05/03/2011 - 13:02 | 1234659 Dr. Impossible
Dr. Impossible's picture

somehow looking at this i see it as a templet for other actions....kinda like stuxnet virus..now out just copy and paste a few different names/targets to it and BLAMO. focused force projected, with gains to the members of the American BAR..and pretty much exclusively to. well see if they settle with claim of no wrong doing, then case sealed with gag orders. But the templet is now out...

Funny how OB wants a billion bucks for re-election funds...

Tue, 05/03/2011 - 16:15 | 1235608 mberry8870
mberry8870's picture

This has to be true. The government said so. God knows BAC, Wells, Jamie's shop etc. didn't do anything wrong. DB was the only one.

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