On July 12th, the D.C. Circuit held that an outside attorney hired to conduct an independent investigation into a bank's alleged use of ratio swaps to hide losses was entitled to attorney fees under the Equal Access to Justice Act ("EAJA"). The Office of the Comptroller of the Currency ("OCC") brought an administrative proceeding against the attorney, alleging violations of the Financial Institutions Reform, Recovery and Enforcement Act. An OCC Administrative Law Judge dismissed the enforcement proceeding because the record did not establish that the attorney's actions had a "significant adverse effect" on the bank. Since the evidence does not establish that the OCC was substantially justified under the EAJA to bring the administrative proceeding, the Court holds that the attorney is entitled to attorney fees under the EAJA. Loumiet v. OCC.