Ethics experts say this constitutes a conflict of interest and that Kliger’s actions are a potential violation of federal ethics laws.
Executive branch employees have long been subject to laws and rules that forbid them from working on matters that “will affect your own personal financial interest.” CFPB employees are also required to divest from dozens of additional, specific companies that engage in financial services and thus either are or could be subject to agency supervision, rulemaking, examination or enforcement.
The CFPB oversees companies that offer a variety of financial services, including mortgage lending, auto financing, credit cards and payment apps.
Two of the companies in which Kliger is invested — Apple and Tesla — are on the CFPB’s list of prohibited holdings. Two others — Bitcoin and Solana — aren’t on the list but are nevertheless barred under agency guidance on investing in cryptocurrency firms.
Court records show that Kliger was among a small handful of top CFPB and administration officials discussing the implementation of the layoffs in emails. Separately, a federal employee who works on the layoff team said that Kliger “managed” the firings of about 90% of the bureau’s staff earlier this month, according to a sworn declaration filed by lawyers opposing the administration.
The employee, using the pseudonym Alex Doe for fear of retaliation, said they learned of Kliger’s role from colleagues and described Kliger keeping the CFPB employees “up for 36 hours straight to ensure that the notices would go out,” the declaration states. “Gavin was screaming at people he did not believe were working fast enough” and “calling them incompetent.”
Among those fired were the bureau’s ethics team, according to an agency lawyer, who wrote in an April 25 court filing that “I am not aware of anyone remaining at the CFPB who has the requisite expertise to fulfill the CFPB’s federal ethics requirements.”
Ethics experts said that getting rid of government regulators who oversee companies and set industrywide rules could impact the share price of the businesses subject to that regulation, since doing away with oversight can free companies from compliance costs and the exposure that stems from enforcement actions.
“Destroying the CFPB is likely to have, I believe, a direct and predictable effect on his financial stock,” Kathleen Clark, an expert on government ethics at the Washington University in St. Louis, said of Kliger.
Unionized bureau employees have sued the agency’s acting director, Russell Vought, to stop the administration’s efforts to wind down its operations and reduce its staff. The subsequent months of litigation have been head-spinning.
At the end of March, a district court judge issued a sweeping stay on the administration’s actions. Then on April 11, an appeals court in Washington, D.C., partially lifted that stay. In its order, the panel wrote that bureau leaders must conduct a “particularized assessment” before firing workers.
Days later, most of the agency’s staff was notified that they were being fired.
The bureau’s chief legal officer, Mark Paoletta, and two other lawyers conducted the court-ordered review, the government said in legal papers. In a recent filing, Paoletta wrote that the administration is attempting to achieve a “streamlined and right-sized Bureau.” Instead of 248 enforcement division employees and 487 in the supervision division, he wrote, he planned to keep 50 workers in each.
But on Monday evening, amid vigorous dispute over the legality of the firings and the definition of “particularized assessment,” the appeals court backtracked, upholding the trial court’s initial stay on the mass layoffs as the case plays out. The CFPB then notified the more than 1,400 employees who’d been laid off that their firings were being rescinded. The lawsuit is ongoing, with oral arguments before the appeals court scheduled for next month.
Kliger didn’t respond to voicemails or emails seeking comment for this story. The CFPB didn’t respond to a request for comment.
In a statement, the White House said that “these allegations are another attempt to diminish DOGE’s critical mission.”
Kliger “did not even manage” the layoffs, the statement said, “making this entire narrative an outright lie.”
Asked to clarify Kliger’s role in the administration's cuts, a spokesperson said, “You have 90 days from the start date to divest which is May 8th — it is only April 28th.” It’s unclear what rule the White House was referencing; the spokesperson did not respond to follow-up questions. But ethics experts said there are two scenarios that could apply: Sometimes, high-level government officials pledge to divest their holdings by a certain date to avoid conflicts of interest. And at the CFPB in particular, regulations give employees 90 days to divest prohibited holdings.
In either case, though, the employee is required to recuse themselves from any actions that could affect their investments.
Delaney Marsco, a government ethics expert at the Campaign Legal Center, said Kliger’s holdings and his involvement in winding down the agency erode the public’s faith that government officials are serving its best interests.
“When you have these facts, it raises the question, which is just as bad as when you have the actual violation because it makes the public question,” she said.
Kliger owns between $15,000 and $50,000 of stock in Apple, which the CFPB regulates. The company agreed to pay a $25 million civil penalty last October following a bureau investigation into Apple Card, a credit card in the company’s software. The bureau said that Apple did not have a proper transaction dispute system when it launched and also that it misled some customers about its financing. The company agreed to the consent order, records show, “without admitting or denying any of the findings of fact or conclusions of law.” In a statement at the time, Apple said that “while we strongly disagree with the CFPB’s characterization of Apple’s conduct, we have aligned with them on an agreement.”
Kliger also owns between $100,000 and $250,000 of Tesla stock. The company, founded by DOGE boss Elon Musk, falls under the bureau’s purview because it offers financing, a key area of scrutiny for the CFPB.
Kliger also owns cryptocurrencies: between $1,000 and $15,000 of Solana and between $15,000 and $50,000 of Bitcoin.
Any federal worker who “holds any amount of a cryptocurrency or stablecoin may not participate in a particular matter if the employee knows that particular matter could have a direct and predictable effect on the value of their cryptocurrency or stablecoins,” according to a legal memo issued in July of 2022, under then-President Joe Biden, by the independent federal agency tasked with advising executive branch employees on how to avoid conflicts of interests.
An internal notice to CFPB employees the following month instructed anyone with such a holding to “immediately recuse yourself from working on any Bureau particular matter,” report the ownership and divest within 90 days, records reviewed by ProPublica show.
Since the beginning of President Donald Trump’s second presidency, the administration has sought to significantly reduce the size, scope and nature of America’s consumer watchdog, which was created in the wake of the 2008 financial crisis.
ProPublica reported last month that dozens of investigations the agency had launched were stalled amid stop-work orders.
In a recent court filing that supplements a newly released policy memo, Paoletta wrote that, in recent years, “the Bureau has also engaged in intrusive and wasteful fishing expeditions against depository institutions and, increasingly, non-depository institutions” and that it had “pushed into new areas beyond its jurisdiction such as peer-to-peer lending, rent-to-own, and discrimination as unfair practice.”
