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This Week in Washington

Senators ask for DOJ probe into whether DOGE broke laws with CFPB firings

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This Week in Washington
Monday, June 2, 2025

Sens. Elizabeth Warren (D-Mass.), Jack Reed (D-R.I.), and Ron Wyden (D-Ore.), ranking members of the Senate Banking, Housing, and Urban Affairs Committee, asked the Department of Justice (DOJ), Office of Government Ethics (OGE), and inspector generals at the Department of the Treasury, IRS and Consumer Financial Protection Bureau (CFPB) to investigate whether Department of Government Efficiency (DOGE) employees broke the law while working at various agencies.

The senators referred to media reports that “DOGE employees at the Treasury, IRS and the CFPB have been engaged in the dismantling of these agencies while holding hundreds of thousands of dollars of stock in private companies benefitting from these individuals’ efforts to eliminate key programs, staff, and policies. This poses a clear conflict of interest and potential criminal violation of federal ethics law.”

Specifically, they pointed to a ProPublica story that said Gavin Kliger, a DOGE aide at the CFPB, was warned by bureau ethics attorneys that he held stock in companies that are on the CFPB’s “prohibited holdings” list since they are “subject to examination by the bureau,” including $715,000 of investments in Apple Inc., Tesla Inc., Alphabet Inc., and two cryptocurrencies. He was advised “not to participate in any actions that could benefit him personally.”

“Three days later, Mr. Kliger ‘participated in mass layoffs at the agency anyway, including the firings of the ethics lawyers that warned him’ of his conflicts,” the senators wrote, quoting the story. “The conflicts are obvious: ‘a defanged and downsized consumer watchdog is unlikely to aggressively regulate those and other companies, freeing them of compliance costs and the risk associated with examinations and enforcement actions. That in turn could boost their stock prices and benefit … Kliger.’”

The senators also referred to media reports that Tom Krause, who headed the Treasury’s DOGE team, has financial holdings worth hundreds of thousands of dollars in companies that have business before or provide services to the Treasury, including JPMorgan Chase, Bank of America, PNC, U.S. Bank, Wells Fargo, Deutsche Bank, Morgan Stanley and Santander.

The media reports indicate a “pervasive problem with Elon Musk and DOGE employees trampling ethics rules and laws to benefit their own pockets at the expense of the American public,” the senators continued.

“These DOGE employees’ conflicts of interest and role in the mass firings at CFPB, Treasury, and IRS undermine the integrity of their decision-making and the actions taken by the agencies where they work,” they wrote.

The senators called on the DOJ, OGE, and inspectors general of the Treasury, Office for Tax Administration and the Federal Reserve to investigate the legality of the conflicts and whether DOGE employees violated federal ethics laws. 

“Neither Mr. Musk nor those working on his behalf with DOGE are above the law, and if they have failed to follow it, the DOJ and other relevant government officials should hold them accountable,” they concluded.

Today's other top stories
Trade group asks HUD to rescind disparate impact rule
Former CFPB attorneys say state’s CFPA rights are up to the courts
Judgment entered for sexual harassment, retaliation in DOJ fair housing case
Fannie Mae announces updated AMI limits
Pending home sales drop in April in all regions


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12 USC Section 2605 or Section 6 is titled Servicing of mortgage loans and administration of escrow accounts. It pertains to qualified written requests, notices of transfer of servicing and the administration of escrow accounts.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
12 USC Section 2609 or Section 10 is titled Limitation on requirement of advance deposits in escrow accounts. It governs escrow accounts including notifications and statements to borrowers. Section 10 also sets out penalties for those who violate the section.
RESPA Section 3 provides that a thing of value includes any payment, advance, funds, loan, service or other consideration

Regulation X says thing of value includes: monies, things, discounts, salaries, commissions, fees, duplicate payments of a charge, stock, dividends, distributions of partnership profits, franchise royalties, credits representing monies that may be paid at a future date, the opportunity to participate in a money-making program, retained or increased earnings, increased equity in a parent or subsidiary entity, special bank deposits or accounts, special or unusual banking terms, services of all types at special or free rates, sales or rentals at special prices or rates, lease or rental payments based in whole or in part on the amount of business referred, trips and payment of another person’s expenses or reduction in credit against an existing obligation.
A form used by a settlement or closing agent itemizing all charges imposed on a borrower and seller in a real estate transaction. This form represents the closing transaction and provides each party with a complete list of incoming and outgoing funds. RESPA requires the HUD-1 to be used as the standard real estate settlement form in all transactions in the U.S. involving federally related mortgage loans.
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