On January 29th, the D.C. Circuit vacated and remanded OCC and Federal Reserve Board cease-and-desist orders entered against petitioner, a bank executive who allegedly lied about his connections with organized crime. Although petitioner convinced the district attorney to enter a disposition of nolle prosequi, the OCC and Federal Reserve Board barred petitioner from his bank positions citing Section 19 of the Federal Deposit Insurance Act, which restricts persons who have agreed to enter into a pretrial diversion or similar program for dishonesty, from involvement with banks. The D.C. Circuit, however, found that the agencies applied an improper definition of "pretrial diversion or similar program" and failed to adequately justify their positions. It therefore vacated and remanded the orders. DeNaples v. OCC.
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Banking agencies must clarify when bank executives will be barred for dishonesty
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