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Fraud and Prior Material Breach

While at the Department of Justice, FDIC, and OCC, Jerry tried and argued on appeal cases involving fraud and prior material in connection with (i) high-stakes, complex litigation involving the merger of failing banks with healthy banks, (ii) closing protection letters issued by title insurance companies, (iii) enforcement actions brought by federal banking agencies, and (iv) the resolution of the affairs of failed banks.

GRANT THORNTON, LLP V. OFFICE OF THE COMPTROLLER OF THE CURRENCY

Grant Thornton, LLP v. Office of the Comptroller of the Currency, 514 F.3d 1328 (D.C. Cir. 2008) (argued for OCC) (holding that an accounting firm was not subject to a cease-and-desist order or a CMP for accounting malpractice in failing to discover a massive fraud by a national bank in which half of its claimed […]

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FLAGLER INVESTMENT MARIETTA

Flagler Investment Marietta, LLC v. Multibank 2009—1 CRE Venture, LLC, 663 Fed. Appx. 747 (11th Cir. 2015) (lead counsel for FDIC) (in a suit brought by Flagler against Integrity Bank for breach of a loan agreement regarding a loan made by a failed bank that was transferred by FDIC as receiver to Integrity, the district […]

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FDIC V. FIRST AMERICAN TITLE INS. CO.

FDIC v. First American Title Ins. Co., 611 Fed. Appx. 522 (11th Cir. 2015) (argued for FDIC) (holding that (i) FDIC, as receiver, retained under the terms of the purchase and assumption agreement (P&A Agreement) all claims related to acts or omissions that caused a loss to the bank, (ii) FDIC could bring a breach-of-contract […]

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JPMORGAN CHASE BANK, N.A. V. FIRST AMERICAN TITLE INS. CO.

JPMorgan Chase Bank, N.A. v. First American Title Ins. Co., 750 F.3d 573 (6th Cir. 2014) (argued for FDIC) (holding that FDIC, as receiver, could bring a breach-of-contract action against a title insurance company based upon the terms of a closing protection letter (CPL) issued by the company whereby it agreed to indemnify the bank […]

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GRANT THORNTON, LLP V. FDIC

Grant Thornton, LLP v. FDIC, 435 Fed. Appx. 188 (4th Cir. 2011) (affirming an award of over $20 million to FDIC as receiver for the same bank against the same accounting firm based on accounting malpractice, favorably citing the observation of the concurring judge in the opinion of the District of Columbia Circuit that the […]

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IN THE MATTER OF CARLOS LOUMIET, FORMER COUNSEL TO HAMILTON BANK, N.A.

In the matter of Carlos Loumiet, Former Counsel to Hamilton Bank, N.A. (Closed), Miami, Florida, Final Decision and Order, OCC-AA-EC-06-102 (July 27, 2009) (served as “decisional counsel,” 12 C.F.R. § 19.40(c)) (in rendering a final decision in connection with a recommendation by an administrative law judge (ALJ) against imposing a cease-and-desist order and civil money […]

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LONG ISLAND SAVINGS BANK, FSB V. UNITED STATES

Long Island Savings Bank, FSB v. United States, 476 F.3d 917 (Fed. Cir. 2007) (lead counsel for the United States), acting en banc returning case to original panel for revision, rev'd, 503 F.3d 1234 (Fed. Cir. 2007) (of counsel for the United States) (Winstar-related) (vacating a $435 million judgment for lost profits in the form […]

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LONG ISLAND SAV. BANK, FSB V. UNITED STATES

Long Island Sav. Bank, FSB v. United States, 54 Fed. Cl. 607 (2002) and Long Island Sav. Bank, FSB v. United States, 67 Fed. Cl. 616 (2005) (lead trial counsel for the United States) (Winstar-related) (in a breach-of-contract suit brought by a bank based upon Congress's abrogation in FIRREA of the regulatory capital provisions of […]

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YOUNG V. FDIC

Young v. FDIC, 103 F.3d 1180 (4th Cir. 1997) (argued for FDIC) (holding that wrongful dishonor and unfair trade practice claims asserted against the FDIC were barred by the common-law D'Oench Doctrine and FDIC could not be held liable on respondeat superior theory for the alleged fraudulent conduct of a failed bank's vice president).

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FDIC V. MMAHAT

FDIC v. Mmahat, 907 F.2d 546 (5th Cir. 1990) (on brief for United States) (holding that (i) a bank's general counsel's debt was non-dischargeable on the basis of fraud or defalcation while acting in a fiduciary capacity, and (ii) a legal malpractice claim by FDIC was tolled under the Louisiana doctrine of adverse domination until […]

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