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For the past several months, fears about the future of Fannie Mae and Freddie Mac have been a dark cloud over the economy. These government-sponsored enterprises are securitization machines, helping sustain a secondary market for the huge volume of residential mortgages that are originated each year. If either of them ceased to operate, the real estate and financial markets would be in chaos. While politicians scramble to preserve Fannie Mae and Freddie Mac, more trouble for financial markets looms on the horizon. Proposed changes to accounting rules for securitization vehicles could decrease the significant role of structured finance in providing the liquidity that sustained recent economic expansion.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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