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Ray Quinney & Nebeker attorney Mark Pugsley recently represented the Declarant in a whistleblower case filed with the US Department of Justice against Vivint Smart Home Inc. (Vivint) under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA). On January 6, 2021 the Justice Department announced that Vivint had agreed to pay the United States $3.2 million to resolve allegations that its employees made false statements to secure financing for customers’ purchases of Vivint’s home monitoring products. Mr. Pugsley’s client will receive a significant reward as a result of his decision to blow the whistle on Vivint’s illegal lending practices. 

FIRREA permits the Department of Justice to sue companies for wrongful acts involving federally-insured banking organizations, including wire and mail fraud, embezzlement, illegal gifts, and false statements on loan applications. Whistleblowers who bring FIRREA violations to the government can qualify for an award of up $1.6 million. The information provided by Mr. Pugsley’s client directly led to a settlement between Vivint Smart Home Inc. and The US Department of Justice.

mark w. pugsley

Mark W. Pugsley is the chair of the Securities Litigation Group at Ray Quinney & Nebeker. His practice is focused on financial fraud, investment disputes, FINRA Arbitrations, and whistleblower cases filed with the SEC, CFTC and IRS. He frequently handles civil enforcement actions and regulatory investigations brought by the U.S. Securities and Exchange Commission (SEC), the Utah Division of Securities, the Commodity Futures Trading Commission (CFTC) and the Financial Industry Regulatory Authority (FINRA) involving individuals, brokers, brokerage firms and investment advisors.

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