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DeNAPLES v. OFFICE OF COMPTROLLER OF CURRENCY

Nos. 12-1162, 12-1198.

706 F.3d 481 (2013)

Louis A. DeNAPLES, Petitioner v. OFFICE OF the COMPTROLLER OF the CURRENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 29, 2013.

Attorney(s) appearing for the Case

Howard N. Cayne argued the cause for petitioner. With him on the briefs were Lisa S. Blatt , Dirk C. Phillips , and R. Stanton Jones .

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, Allen H. Denson , Attorney, Richard M. Ashton , Deputy General Counsel, Board of Governors of the Federal Reserve System, Katherine H. Wheatley , Associate General Counsel, and John L. Kuray , Attorney.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge:

Section 19 of the Federal Deposit Insurance Act (FDIA) is enforced by several financial regulators offering varied (and occasionally inconsistent) interpretations of its scope. The provision restricts who may participate in the affairs of insured depository institutions and bank and savings and loan holding companies; specifically, it bars from participation individuals who have been convicted of certain criminal offenses or who have "agreed...

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