News & Analysis as of

Administrative Law Judge (ALJ) Banks Federal Deposit Insurance Corporation

Orrick, Herrington & Sutcliffe LLP

Fifth Circuit holds district court lacks jurisdiction to provide relief from FDIC enforcement

On August 25, the U.S. Court of Appeals for the 5th Circuit reversed and remanded a district court’s decision that granted injunctive relief in an FDIC enforcement action against a bank executive. The FDIC initiated the...more

Orrick, Herrington & Sutcliffe LLP

State chartered bank challenges constitutionality of FDIC enforcement proceedings

On November 19, a Kansas state chartered bank filed a complaint for declaratory and injunctive relief against the FDIC and two Administrative Law Judges (ALJs) from the Office of Financial Institution Adjudication. The...more

Ballard Spahr LLP

Defendant Challenges FDIC Enforcement Proceeding, Citing Jarkesy

Ballard Spahr LLP on

In one of the first tests of the implications of the Jarkesy decision for other federal regulatory agencies, an individual accused by the FDIC of participating in fraudulent loan activity is asking a federal judge to dismiss...more

Ballard Spahr LLP

Ninth Circuit Court of Appeals Rejects Constitutional Challenge to AML Compliance Program Regulation

Ballard Spahr LLP on

The Ninth Circuit Court of Appeals recently upheld the decision of the Board of Directors of the Federal Deposit Insurance Corporation (“FDIC”) to issue a cease and desist order against California Pacific Bank (the “Bank”)...more

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