Dodge v. Comptroller of the Currency

The Comptroller of the Currency found that petitioner, as the CEO and a director of the Bank, had engaged in a pattern of willfully misrepresenting the Bank's capital reserves to the OTS and the Bank's board of directors, and he issued orders prohibiting petitioner from participation in the affairs of any federally insured financial institution and assessing a civil penalty of one million dollars. Petitioner sought dismissal of the Comptroller's decision and orders, inter alia, on the grounds of legal error in relying on later-developed standards in the OTS New Directions Bulletin of 2009 when there were no clear standards at the relevant times, and in applying a "should have known" scienter standard in findings that required a more demanding level of scienter. The court concluded that petitioner failed to show that the stringent statutory requirements of 12 U.S.C. 1818 for an order of prohibition were not met. Accordingly, the court denied the petition for review. View "Dodge v. Comptroller of the Currency" on Justia Law