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LOUMIET v. OFFICE OF COMPTROLLER OF CURRENCY

No. 10-1288.

650 F.3d 796 (2011)

Carlos LOUMIET, Petitioner v. OFFICE OF the COMPTROLLER OF the CURRENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 12, 2011.

Attorney(s) appearing for the Case

Alan G. Greer argued the cause for petitioner. With him on the briefs was Eric M. Sodhi.

Douglas B. Jordan , Attorney, Office of the Comptroller of the Currency, argued the cause for respondent. With him on the brief were Horace G. Sneed , Director of Litigation, and Allen H. Denson , Attorney.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge:

Carlos Loumiet appeals a final decision and order of the Office of the Comptroller of the Currency ("Comptroller") requiring him to bear the costs of his own defense in an underlying administrative proceeding in which he prevailed. We reverse that decision, finding the Comptroller was not "substantially justified" in bringing the underlying administrative proceedings against Loumiet, and therefore Loumiet is entitled to attorney's fees under...

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