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DODGE v. COMPTROLLER OF CURRENCY

No. 12-1416.

744 F.3d 148 (2014)

Lawrence DODGE, Petitioner v. COMPTROLLER OF the CURRENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 7, 2014.

Attorney(s) appearing for the Case

Erik M. Andersen argued the cause for petitioner. On the briefs was Thomas L. Vincent.

Gabriel A. Hindin , Attorney, Office of the Comptroller of the Currency, argued the cause for respondent. With him on the brief were Horace G. Sneed and Douglas B. Jordan , Attorneys.

Opinion for the court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Prior to 2006, the American Sterling Bank, a federally insured savings bank, had received high composite ratings by the Office of Thrift Supervision ("OTS"). By April 2007, however, the OTS had become concerned about the Bank's declining capital reserves. Several transactions reported as capital in the Bank's quarterly financial reports to the OTS over six consecutive reporting periods through June 2008 led to enforcement proceedings. On September...

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