Over the last several months, the Troubled Asset Relief Program has provided hundreds of billions of dollars of capital to financial institutions in order to ensure they survive the ongoing economic crisis. Aside from their proposed benefits, the funds come with strings attached that carry the potential for liability.
This article explores the litigation that may stem from the TARP program in three discrete categories: claims against banks under the False Claims Act (FCA); claims against banks for securities laws violations; and claims against the government based on the regulations accompanying TARP funds.
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