Charles H. Keating, Jr. v. Office of Thrift Supervision

BACKGROUND

On August 9, 1990, the Office of Thrift Supervision (“OTS”) filed a notice of charges against Petitioner Charles Keating, Jr. and other defendants. Subsequently, all defendants but Keating settled the cases against them. Keating’s hearing was conducted before Paul Clerman, an Administrative Law Judge (“ALJ”) appointed for this proceeding by Timothy Ryan, who was then Director of the OTS. The OTS’s final order banned Keating from the federally insured banking industry and directed him to pay $36,398,-738.76 in restitution to Lincoln Savings & Loan in receivership.

Keating appealed to this court, seeking to have the OTS’s order vacated and the case remanded for a new hearing. This court has jurisdiction under 12 U.S.C. § 1818 (h)(2) to hear the appeal. Keating appeals on three grounds, none of which challenges the substance of the agency’s findings and conclusions. First, Keating appeals the ALJ’s November 15, 1990 order denying Keating’s request to stay the OTS enforcement action pending the resolution of all criminal proceedings against him. Second, Keating alleges error in former OTS Director Timothy Ryan’s May 11, 1991, refusal to recuse himself for alleged bias.…