WASHINGTON — The Financial Stability Oversight Council filed a joint motion Thursday along with the insurance giant MetLife to dismiss the case challenging the council’s designation of the firm as a systemically important financial institution.
The motion, filed Thursday in the U.S. Court of Appeals for the D.C. Circuit, would bring a yearslong legal fight between the firm and federal authorities to a close, although the move was widely
The move all but cements the March 2016 lower-court ruling that had thrown out MetLife's SIFI designation by the FSOC under the Obama administration. That ruling had called into question the council's designation process.
Treasury Secretary Steven Mnuchin said the decision to withdraw the case was "consistent with the recommendation by a majority of FSOC voting members." He added that the council would revise its nonbank designation rules to reflect the March 2016 court ruling in MetLife's favor.
"Treasury has recommended specific reforms to make the designation process more analytically rigorous, clear, and transparent," Mnuchin said. "As chair of FSOC, I will be working with the Council to clarify and revise the nonbank designation rule and guidance. Our recommendations would directly address the concerns identified by the district court in the MetLife case.”
MetLife said in a statement that upon dismissal, it would join the oversight council in a motion “asking the district court to vacate the portion of its opinion concluding that FSOC failed to undertake the required cost-benefit analysis when designating MetLife.” An FSOC spokesperson did not immediately respond to a request for comment.
The Financial Stability Oversight Council was created by the Dodd-Frank Act and empowered to designate nonbanks as SIFIs, which subjects them to heightened supervisory requirements by the Federal Reserve.
The council had designated four firms as SIFIs: MetLife, Prudential, American International Group (all insurers) and GE Capital. But it voted on separate occasions to dedesignate GE Capital and AIG; only Prudential still holds a SIFI label.
MetLife
In March 2016, the district court
A panel of D.C. Circuit Court judges appeared
The suit’s dismissal may have no impact on the council’s “inevitable” dedesignation of Prudential, according to Ian Katz, an analyst for Capital Alpha Partners. The voting dynamics on the council, rather than the outcome of the MetLife litigation, were always the determining factor in that decision.
“Prudential is going to get out because enough FSOC members don’t think it’s a SIFI,” Katz said in a research note.