Jess T. Simpson, Former President and Chairman of the Board of Directors, Cascade Savings Bank, Everett, Washington v. Office of Thrift Supervision

Petitioner Jess T. Simpson challenges the administrative proceeding brought against him by the Office of Thrift Supervision (“OTS”). On November 18, 1992, the Director of the OTS (“the Director”) issued its final decision and order requiring Simpson to, among other things, pay restitution to Cascade Savings Bank for banking violations. Simpson timely petitioned for review of the Director’s decision on December 7, 1992. The Director issued a second order on January 4, 1993, modifying the amount of restitution ordered. Simpson timely petitioned for review of the second order on January 27, 1993. The two petitions have been consolidated.

Simpson raises several challenges to the Director’s decision. First, he raises three constitutional claims: 1) the separation of powers doctrine was violated by allowing a non-Article III tribunal to adjudicate his claims; 2) he was denied his Seventh Amendment right to a jury trial; and 3) he was denied procedural due process of law. Simpson also alleges that the statute of limitations bars portions of the restitution ordered. Finally, Simpson contends that the Director erred by concluding that he acted with “reckless disregard” or was unjustly…