FOR IMMEDIATE RELEASE CIV TUESDAY, JULY 8, 1997 (202) 616-2765 TDD (202) 514-1888 TENNESSEE BANK WILL PAY UNITED STATES $2.75 MILLION TO SETTLE ALLEGATIONS IT DEFRAUDED STUDENT LOAN PROGRAM WASHINGTON, D.C. -- First Tennessee Bank, National Association, (FTB) will pay the United States $2.75 million to settle allegations it deceived the Department of Education to get federal insurance on defaulted student loans, the Department of Justice announced today. The agreement settles a suit alleging that FTB falsified its effort to collect the loans before billing a federal program. Assistant Attorney General Frank W. Hunger in charge of the Civil Division said the agreement settles the lawsuit the Department filed against FTB in U.S. District Court in Knoxville, Tennessee, in 1994. FTB is headquartered in Memphis, Tennessee. "The suit and the settlement should send a clear and powerful message to those participating in the student loan program that the government will take vigorous action against lenders who falsify information to obtain a federal guaranty," Hunger said. In addition to the $2.75 million paid in this settlement, FTB previously repurchased more than $200,000 of the loans and the Education Department and the Internal Revenue Service have collected nearly $1 million from the defaulted borrowers themselves. In its suit, the Department said FTB submitted false claims to the Department of Education in 1987 and 1988 to receive federally-guaranteed insurance payments under a program that made low interest loans to students to pay for their education at post-secondary schools. Under the program, lenders provided their own funds to eligible students. The loans were initially insured against loss by state or private nonprofit guarantee agencies under the Department of Education's reinsurance program. Prior to making a default claim for insurance, however, the lender was required to make certain minimum efforts to collect on delinquent loans. The Department, in its suit, said FTB did not make the required collection efforts, but, instead, submitted fabricated collection histories to collect insurance on more than $1.3 million in loans. The bank also forged documents on more than $200,000 in other loans. By falsifying the collection histories, FTB misrepresented its collection efforts and thereby submitted false claims for insurance, the Department claimed in its complaint. The government's suit, United States of America v. First Tennessee Bank, National Association, No. 3:94 CV 323 (E.D. Tn.), accused the bank of violations of the False Claims Act. The case was investigated by the Atlanta, Georgia, office of the Department of Education's Office of Inspector General. ##### 97-285