Robert L. Clarke, Comptroller of the Currency v. American Commerce National Bank, Anaheim, California
Opinion
Opinion
Pregerson, J.
This case arises out of the efforts of the Office of the Comptroller of the Currency (“OCC”) to investigate the banking practices of American Commerce National Bank (“ACNB” or “Bank”). ACNB appeals the order of the district court requiring it to turn over certain unredacted attorney billing statements to the OCC. The district court concluded that the information fell within the crime/fraud exception to the attorney-client privilege. We affirm, but on the ground that the attorney-client privilege does not protect the attorney billing statements from disclosure.
I. BACKGROUND
The OCC is responsible for the periodic examination of all national banks to assure that they are operated in a safe and sound manner and in accordance with all applicable laws, rules, and regulations. Under 12 U.S.C. § 481 (1988), national bank examiners, as designees of the Comptroller, are authorized to conduct thorough examinations of the affairs of national banking associations. ACNB is a federally-chartered national banking association.
In August 1990, the OCC issued an administrative subpoena requesting, among other things, the production of all billing statements from outside legal counsel to ACNB…