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GULLY v. NATIONAL CREDIT UNION ADMIN. BD.

Docket No. 02-4413.

341 F.3d 155 (2003)

Katharina Wagner GULLY, a/k/a Karin Gully, Petitioner, v. NATIONAL CREDIT UNION ADMINISTRATION BOARD, Respondent, Waterside Federal Credit Union, Intervenor.

United States Court of Appeals, Second Circuit.

Decided: August 21, 2003.

Attorney(s) appearing for the Case

JOHN M. MURDOCK, Epstein Becker & Green, P.C., New York, N.Y. (David J. Clark, on the brief), for Petitioner.

ERIC D. MILLER, United States Department of Justice, Washington, D.C. (Assistant Attorney General Robert D. McCallum, Jr. and Jacob M. Lewis, on the brief) for Respondent.

ROBERT J. ANELLO, Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C., New York, N.Y. (Catherine M. Foti, on the brief), for Intervenor.

Before: WALKER, Chief Judge, MINER and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Petitioner Karin Gully appeals from the determination of the National Credit Union Administration Board (the "Board") that she engaged in unsafe and unsound practices and that she breached her fiduciary duty as the manager of the Waterside Federal Credit Union ("WFCU"), and is therefore unfit to be involved in the affairs of a federally-insured credit union. See 12 U.S.C. § 1786(g)(1)(A)-(C). The Board based this finding on Gully...

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