State attorneys general can punish federally chartered banks for violating state laws

Published: August 5, 2005

United States District Court for the Southern District of New York , No. 05 Civ. 5629 (SHS), No. 05 Civ. 5636 (SHS)
Issue: Mortgage Lending
Amicus Brief, filed 05 Aug 2005

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CRL's amicus briefs in support of the New York Attorney General in Cuomo v. The Clearing House Association, L.L.P. CRL, along with a number of consumer groups, argues that the National Bank Act's "visitorial powers" provision does not prohibit the New York Attorney General from enforcing the state's anti-discrimination law against national banks concerning their mortgage lending practices, and that the Office of the Comptroller of Currency's regulation treating this as prohibited is invalid. CRL participated in this case before the U.S. District Court, the U.S. Court of Appeals for the Second Circuit, and the U.S. Supreme Court.