CFPB Announces Plan to Review Offenses Carrying Criminal Penalties

On June 27, 2025, the Consumer Financial Protection Bureau (CFPB) issued a policy statement that outlines its plan to address criminal regulatory offenses within its jurisdiction, as directed by the May 2025 Executive Order (EO) 14294. The CFPB notes that it will publish a report to include a list of “all criminal regulatory offenses enforceable by the Bureau or the Department of Justice,” along with the range of potential criminal penalties and mens rea standard for each criminal offense. It will consider the offenses included in the report when contemplating whether to make a criminal referral in the future. The CFPB also indicated that future notices of proposed rulemaking and final rules will include a statement identifying when a rule is a criminal regulatory offense, explicitly state the mens rea requirement for each element of the offense and identify the authorizing statute to make that offense a criminal matter.

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