In a letter sent to Sen. Elizabeth Warren (D-MA) obtained by ThinkProgress, Securities and Exchange Commission (SEC) Chair Mary Jo White said that she is “actively reviewing” the commission’s settlement policy with banks.

In May, Warren sent a letter to the Securities and Exchange Commission, the Justice Department, and the Federal Reserve questioning the willingness to pursue settlements over prosecutions and not requiring that banks admit fault when they settle.

In her response, White says that she will review the no-fault policy:

I agree that it is essential for the investing public to know that wrongdoing will be detected, thoroughly investigated, and punished. [...]

…I believe that our current settlement policy achieves a very public measure of accountability while at the same time allowing us to more quickly return funds to harmed investors and get wrongdoers out of the industry while conserving resources to pursue the next fraud. That said, I am actively reviewing the scope of the Commission’s neither-admit-nor-deny settlement policy with the leadership of the Division of Enforcement to determine what, if any, changes may be warranted and whether the SEC is making full appropriate use of its leverage in the settlement process.

This statement mirrors one she made in May in a testimony before the House appropriations committee. Of the policy to let firms settle without admitting to wrongdoing, she said, “among the many things I am reviewing as the new chair, is that policy and protocol. I understand the desire for accountability.”

Warren is not the only Senator pushing for more bank accountability after the financial crisis. Sens. Sherrod Brown (D-OH) and Chuck Grassley (R-IA) have criticized the Justice Department for treating the banks as if they are “too big too jail.” Grassley also accused regulators of giving banks a “get out of jail free card.”

Prosecutions for financial fraud hit a 20-year low in 2011. Meanwhile, regulators have mostly relied on settlements with big banks, many of which have allowed them to avoid admitting to wrongdoing. The largest settlements, for mortgage and foreclosure fraud, have experienced significant problems that have allowed banks to avoid many requirements and offered little aid to homeowners.

A week after a bipartisan group of lawmakers on the House Financial Services Committee overwhelmingly approved a rollback of certain financial reforms contained in the Dodd-Frank Wall Street Reform Act, one of the Senate’s biggest consumer advocates is pushing back.

Massachusetts Sen. Elizabeth Warren (D) came out swinging against the repeal of new rules meant to regulate derivatives, the complex financial instruments that were at “the center of the storm” that caused the financial crisis. The rules shouldn’t be weakened or repealed just because big banks want to see them eliminated, Warren argued Thursday, The Hill reports:

“The big banks won some battles and lost some battles during the financial regulatory debate in 2009 and 2010, but their tune never changed and their lobbying never let up,” she said. “It is dangerous for Congress to amend the derivatives provisions of the Dodd-Frank Act without at the same time taking accompanying steps to strengthen reform and maintain the law’s equilibrium.”

One rule the package of legislation advanced by the House committee would eliminate is a “push out” provision that would limit derivatives trading at banks that receive federal backing. Similar to the Volcker Rule, another provision Wall Street largely opposes, it is aimed at making taxpayer-backed banks safer to avoid crises similar to the one that thrust the United States into a recession and led to a bailout of major banks in 2008.

Warren isn’t alone in her opposition to the rollback. The Obama administration has long opposed the repeal of the derivatives rules, and former Federal Deposit Insurance Commission chair Sheila Bair has said the swaps and derivatives rules need to be strengthened rather than weakened. Whether the rules will face a repeal vote in the Senate isn’t clear: the House passed similar legislation in 2012, only to see it die in the Senate without a vote.

Massachusetts Sen. Elizabeth Warren (D) isn’t letting regulators off the hook for their lack of prosecutions of Wall Street banks in the wake of the financial crisis. After using her initial Senate Banking Committee hearing to press regulators about whether big banks are “too big to trial,” Warren is doing so again — this time in a letter to the Securities and Exchange Commission, the Justice Department, and the Federal Reserve.

The letter questioned regulators’ willingness to pursue settlements instead of prosecutions, and asked them to provide any analysis to justify that practice, The Hill reports:

“I believe strongly that if a regulator reveals itself to be unwilling to take large financial institutions all the way to trial — either because it is too timid or because it lacks resources — the regulator has a lot less leverage in settlement negotiations,” Warren wrote in the letter.

“If large financial institutions can break the law and accumulate millions in profits and, if they get caught, settle by paying out of those profits, they do not have much incentive to follow the law.”

Warren isn’t alone in her criticism: Ohio Sen. Sherrod Brown (D) and Iowa Sen. Chuck Grassley (R) pushed the Justice Department over the notion that big banks have become “too big to jail” in January, and Grassley accused regulators of giving banks a “get out of jail free card” for their involvement in the crisis.

Prosecutions for financial fraud hit a 20-year low in 2011, and regulators largely turned to settlements to punish big banks after the crisis. But various settlements have allowed them to avoid admissions of wrongdoing, and the largest of the settlements — the mortgage and foreclosure fraud settlements — have been rife with problems that have allowed banks to game their requirements while homeowners have struggled to access required assistance.

Sen. Elizabeth Warren (D-MA) embarrassed government regulators during a Senate Banking Committee hearing on Thursday morning as she demanded to know why they won’t reveal how frequently big banks illegally foreclosed on homeowners. In January, regulators abandoned a case-by-case review of foreclosure fraud conducted by some of the nation’s largest banks in favor of a $9.3 billion settlement. Under the deal, most of the 4.4 million homeowners who were foreclosed on in 2009 or 2010 received less than $1,000 each.

Fair housing advocates and Democratic lawmakers panned the agreement, claiming that it short-circuited a more detailed review process (known as Independent Foreclosure Review) and let banks off the hook for illegally foreclosing on millions of homeowners. Regulators had initially claimed banks broke the law or made errors in 6.5 percent of all the loans reviewed, though the number has since been revised upward.

During the hearing, Warren pressed officials from the Office of the Comptroller of the Currency and The Federal Reserve for answers about how frequently banks broke the law, only to discover that regulators didn’t know the exact number before reaching their settlement and were now unwilling to publicize the error rate. “You’re saying that the [you] did not have an estimate in mind of how many banks had broken the law and how many home owners were the victims of illegal activities?” Warren asked in disbelief. She pressed for public disclosure, but was told that the information about banks’ illegal activities is proprietary and may not ever be released:

WARREN: So you have made a decision to protect the banks but not a decision tell the families who have been illegally foreclosed against?

RICHARD ASHTON (FEDERAL RESERVE): We haven’t made a decision about what information we would provide to individuals. [...]

WARREN: So I just want to make sure I get this straight. Families get pennies on the dollar in the settlement for having been the victims of illegal activities or mistakes in the banks’ activities. You now know individual cases where the banks violated the law and you’re not going to tell the homeowners or at least it’s not clear if you’re going to do that?

Watch it:

Last week, the Government Accountability Office issued a report of the reviews and concluded that regulators at the Fed and OCC gave banks “too much leeway” in how the reviews were conducted, implying that the shoddy review process led to a hastened settlement instead of a complete review process. “On Tuesday, regulators released new information suggesting that banks may have made errors in as many as 30 percent of all loans that qualified for a review,” the Huffington Post reported.

A duo of Democratic lawmakers is pressing federal regulators to release documents related to the Independent Foreclosure Reviews of loans issued by the largest banks so that the government can conduct proper oversight of the process. Massachusetts Sen. Elizabeth Warren (D) and Maryland Rep. Elijah Cummings (D) sent a letter to the Federal Reserve and the Office of the Comptroller of the Currency this week asking for documents related to foreclosure abuses carried out by big banks and mortgage lenders.

Regulators halted the independent review process earlier this year when they reached a $10 billion settlement with the banks, a decision that largely let banks off the hook for problems with their foreclosures. In the letter, which was obtained by The Hill, Warren and Cummings said they were told by regulators that documents related to the process are “trade secrets” that can’t be released without violating confidentiality agreements. Warren and Cummings took issue with that argument, The Hill reports:

“We strongly believe that documents should not be withheld from any Member of Congress based on the flawed argument that illegal activity by banks is somehow their proprietary business information,” they wrote.

“Breaking the law is not a corporate trade secret. As regulators, you identified systemic and widespread abuses two years ago, and concealing important information about these violations limits our ability to fulfill our responsibility to conduct oversight over the actions of mortgage servicing companies and to develop legislation to protect our constituents from further abuse.”

A watchdog report from the Government Accountability Office (GAO) last week found that regulators at the Fed and OCC gave banks “too much leeway” in how the reviews were conducted, implying that the shoddy review process led to a hastened settlement instead of a complete review process. Warren and Cummings also assert that the review process failed to detail how many homeowners were subject to wrongful foreclosure practices.

The $10 billion settlement was the second major deal reached between the federal government and banks over foreclosure abuses, after federal regulators and state attorneys general reached a $25 billion settlement with the five largest banks related to mortgage fraud and abuse. That settlement too has had its problems, as banks have been able to game its requirements to keep from providing the required assistance to homeowners they wronged with widespread fraud and abuse before, throughout, and after the housing crisis.

Amid rising concerns about large banks from senators, Federal Reserve Chairman Ben Bernanke said Tuesday that “too big to fail” banks still pose a major risk to the American economy. Massachusetts Sen. Elizatbeth Warren (D) grilled Bernanke over the persistence of Too Big To Fail institutions during a Senate hearing last week, and at a press conference yesterday, Bernanke made it clear that he agrees with Warren that such banks are still a “major issue” that need to be addressed:

BERNANKE: I certainly never meant to say to Senator Warren, and I share her concern about Too Big To Fail, it’s a major issue. I never meant to imply that the problem was solved and gone. It is not solved and gone. … I hope that we’ll make progress against Too Big To Fail, because I agree with her 100 percent that it’s a real problem and needs to be addressed if at all possible.

Warren’s reputation as a critic of Wall Street followed her to the Senate, where she has questioned regulators over bank prosecutions and whether large financial institutions were “too big for trial.” But Warren isn’t alone: Ohio Sen. Sherrod Brown (D) and Louisiana Sen. David Vitter (R) are prepping legislation to reduce the size of large banks, and Brown and Iowa Sen. Chuck Grassley (R) have also pressed regulators and the Justice Dept. over the lack of prosecutions that creates the perception that banks have a “get out of jail free” card.

The largest banks, as this chart Brown displayed on the Senate floor last month shows, have only grown larger since the financial crisis:

The key focus for Bernanke right now, he said, was ensuring that rules included in the Dodd-Frank Wall Street Reform Act and other international guidelines meant to reduce the risk of Too Big To Fail banks were instituted properly.

At a Senate Banking Committee hearing on Thursday, Sen. Elizabeth Warren (D-MA) rebuked Republicans for blocking Richard Cordray’s confirmation as director of her brainchild, the Consumer Financial Protection Bureau. After a bitter confirmation fight in 2011, President Obama bypassed the Senate using a recess appointment to grant Cordray a temporary term until the end of 2013. Republicans are threatening to filibuster him this time around unless the CFPB is drastically restructured.

Warren declined to question Cordray, who has testified a dozen times. She then directed scrutiny to her Republican colleagues, calling them out for using her former lieutenant’s confirmation as an excuse to undermine the Bureau:

What I want to know is why every banking regulator since the Civil War has been funded outside the appropriations process — but unlike the consumer agency, no one in the U.S. Senate has held up confirmation of their directors demanding that that agency or those agencies be redesigned…I see nothing here but a filibuster threat against Director Cordray as an attempt to weaken the consumer agency. I think the delay in getting him confirmed is bad for consumers, it’s bad for small banks, bad for credit unions, for anyone trying to offer an honest product in an honest market. The American people deserve a Congress that worries less about helping big banks and more about helping regular people who have been cheated on mortgages, on credit cards, on student loans and on credit reports. I hope you get confirmed. You have earned it, Director Cordray.

Watch it:

Warren herself was ousted from the running for CFPB director in an effort to avoid a confirmation battle with Republicans. Still, Senate Republicans are intent on holding up the confirmation of any director to the Bureau. In a letter to Obama last month, 43 Senate Republicans vowed to filibuster any nominee unless they are allowed to hobble the agency’s authority.

Republicans have tried to weaken the Bureau from its inception, claiming it lacks transparency. Unlike other financial regulatory agencies, which are dependent on Congress for funding, the CFPB is intended to be an independent agency with independent funding. If Republicans get their way, the CFPB will lose this independence, making it vulnerable to the partisan shenanigans and funding shortages that have derailed other regulators.

Cordray’s first term demonstrates the CFPB’s efficacy as an independent agency. In one year, the agency has increased supervision over mortgage lenders, brokers, consumer reporting agencies, and large banks, set up programs to help consumers better understand loan agreements and recoup refunds from deceptive and illegal practices, and wrote new rules to prevent wrongful foreclosures.

During a Senate Banking committee hearing on Tuesday, Sen. Elizabeth Warren (D-MA) grilled Federal Reserve Chairman Ben Bernanke on whether Wall Street banks should have to pay back U.S. taxpayers for the implicit funding advantage those banks receive by virtue of being viewed as “too big to fail.” According to a Bloomberg News study, big banks are essentially subsidized by about $83 billion per year because investors anticipate that those banks will be saved by the government if they get in trouble.

“These big financial institutions are getting cheaper borrowing to the tune of $83 billion in a single year simply because people believe the government would step up and bail them out. If they are getting it, why shouldn’t they pay for it?” asked Warren:

WARREN: So I understand that we’re all trying to get to the end of “too big to fail.” But my question, Mr. chairman, is until we do, should those biggest financial institutions be repaying the American taxpayer that $83 billion subsidy that they are getting?…It is working like an insurance policy. Ordinary folks pay for homeowners insurance. Ordinary folks pay for car insurance. And these big financial institutions are getting cheaper borrowing to the tune of $83 billion in a single year simply because people believe that the government would step in and bail them out. And I’m just saying, if they are getting it, why shouldn’t they pay for it?

BERNANKE: I think we should get rid of it.

Watch it:

As Bloomberg found, the biggest banks wouldn’t even be profitable without the expectation that they would be rescued by the government. “The banks occupying the commanding heights of the U.S. financial industry — with almost $9 trillion in assets, more than half the size of the U.S. economy — would just about break even in the absence of corporate welfare. In large part, the profits they report are essentially transfers from taxpayers to their shareholders,” Bloomberg noted.

Massachusetts Sen. Elizabeth Warren (D) used her debut on the Senate Banking Committee to question financial regulators about the lack of accountability for Wall Street banks’ role in the financial crisis, challenging them to name the last time a Wall Street bank was taken to trial over allegations of fraud and other crimes instead of being allowed to settle out of court.

“What I’d like to know is, tell me a little bit about the last few times you’ve taken the biggest financial institutions on Wall Street all the way to a trial,” Warren asked the regulators. But none provided a specific answer. That led Warren to wonder if Wall Street banks had become “too big for trial”:

WARREN: I just want to note on this: there are district attorneys and U.S. Attorneys who are out there every day squeezing ordinary citizens on sometimes very thin grounds and taking them to trial in order to make an example, as they put it. I’m really concerned that “too big to fail” has become “too big for trial.”

Watch it (at 3:50):

Prosecution of financial fraud hit a 20-year low in 2011, even amid broad findings of fraud that took place at the biggest banks. The government has instead reached settlements over mortgage and foreclosure fraud, and other alleged crimes with a multitude of banks, and while those settlements are significant, they have also been plagued with problems. And as Warren noted, settling out of court has also prevented the public from “days of testimony” from banking officials that would result from trials.

Though Warren came to the Senate with a reputation for being tough on banks, she is hardly alone in her criticism of the lack of legal action that has been taken against them. Iowa Sen. Chuck Grassley (R-IA) blasted the “get-out-of-jail-free card” the banks seem to hold, and he and Sen. Sherrod Brown (D-OH) petitioned the Justice Department last month over concerns that big banks had become “too big to jail.”