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U.S. can sue BNY Mellon over currency trades under 1989 FIRREA law, judge rules

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A federal judge said on Wednesday the U.S. government can proceed with a lawsuit accusing Bank of New York Mellon Corp of overcharging clients for trading currencies, a case brought under a rarely-used financial fraud law. While dismissing some of the fraud claims, U.S. District Judge Lewis Kaplan in Manhattan said the complaint "generally suffices" to let the government pursue its main claim, that the bank fraudulently misrepresented that it would provide "best execution" to various trading clients. The ruling marked a significant victory for the U.S. Department of Justice, which had sought to use a powerful law adopted in the wake of the savings and loan scandals of the 1980s to bring civil fraud cases against Wall Street banks. The law, the Financial Institutional Reform, Recovery and Enforcement Act of 1989 (FIRREA), provides for a low burden of proof, strong subpoena power and a 10-year statute of limitations. It had not been applied much until recently. The Justice Department

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