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ARTICLE · 30 JULY 2019

Key Compliance Considerations From DOJ's New Redlining Settlement

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Last month, the United States Department of Justice ("DOJ" or the "Department") settled redlining claims against First Merchants Bank, an Indiana-based bank regulated by the Federal Deposit Insurance Corporation.

United StatesFinance and Banking

Last month, the United States Department of Justice ("DOJ" or the "Department") settled redlining claims against First Merchants Bank ("First Merchants" or the "Bank"), an Indiana-based bank regulated by the Federal Deposit Insurance Corporation ("FDIC"). The First Merchants settlement is the first redlining matter initiated1 and settled under the Trump administration, and it contains useful insights for institutions seeking to evaluate their own redlining risk. This Legal Update summarizes the case and the key compliance takeaways.

Background and Allegations

Investigation Was DOJ-Initiated

Although many DOJ fair lending investigations arise out of referrals from a prudential regulator or the Consumer Financial Protection Bureau,2 the First Merchants settlement documents do not mention an underlying regulatory investigation. Thus, it appears that the DOJ initiated the matter of its own accord. This suggests that even though the pace of fair lending enforcement

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