Garner

Federal Deposit Insurance v. Garner

Good Law
126 F.3d 1138·97 Daily Journal DAR 12068·1997 U.S. App. LEXIS 25268·97 Cal. Daily Op. Serv. 7479
United States Court of Appeals for the Ninth CircuitSeptember 19, 1997No. 96-55259California3,368 words

Opinion

Lead Opinion

Brunetti, J.

This appeal concerns the district court’s summary enforcement of administrative subpoenas duces tecum. The Federal Deposit Insurance Corporation, acting as receiver for the American Commerce National Bank, subpoenaed Bank Directors, family members of the Directors, and organizations affiliated with the Directors. The FDIC petitioned for the subpoenas pursuant to an investigation of financial improprieties allegedly committed by the Bank Directors. We must determine the appropriate standards for the issuance of subpoenas duces tecum to bank directors, their family members, and affiliated businesses.

We affirm the district court’s enforcement of the subpoenas duces tecum.

I. FACTS

On April 30, 1993, the Office of the Comptroller of the Currency (“OCC”) declared the American Commerce National Bank (“Bank”) to be in an unsafe and unsound condition to transact business and in imminent danger of default. The OCC also appointed the Federal Deposit Insurance Corporation (“FDIC”) as receiver for the Bank. In July, the FDIC issued an Order of Investigation delineating the purposes of its inquiry:

Gerald Garner, his wife, Joan Garner, and Galal Gough served on the Bank’s Board of…

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