DFI does not care if you are guilty or not

Individuals who are facing a statement of charges frequently ask us at the Rosenberg Law Group, PLLC why the Department of Financial Institutions (DFI) persists in charges when they have little or no evidence. For example, we have represented licensees where activities alleged were not prohibited by the Mortgage Broker Practices Act at the time that they were performed. That seems a simple matter to have that dismissed. However, clients who are not guilty are often the most difficult to defend inexpensively. That is because the DFI never admits it is wrong and rarely, if ever, dismisses charges. They will usually fight you all the way to dismissal. A person who is not guilty and not willing to accept any sort of punishment thus often must go all the way to hearing to establish their innocence, and hope that the administrative law judge understands and is not just a rubber stamp. Why is this so? Perhaps it is the arrogance of power. In any case, do not assume that, just because you haven’t done anything wrong you will be fine. Consult with an attorney before making a statement to DFI or turning over any documents to them.