Roque De La Fuente II v. Federal Deposit Insurance Corporation, in Its Corporate Capacity

Roque De La Fuente II petitions for review of an order of the Board of the Federal Deposit Insurance Corporation (“Board”) removing him as a director of First International Bank (“FIB”) and forbidding him from participating in, voting shares of, or serving on the board of any federally regulated bank for life. The Board found that De La Fuente had used his position at FIB to secure several loans in excess of applicable limits for entities in which he and his close associates were interested, as well as to engage in other self interested lending practices. We have jurisdiction to review the Board’s decision under the judicial review provisions of the Administrative Procedures Act, 5 U.S.C. §§ 701-706 . See 12 U.S.C. § 1818 (h)(2); see also 5 U.S.C. § 706 (2)(A) (Courts may set aside agency orders if they are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.”). We grant the petition in part, deny it in part, and remand the matter to the Board.

I. The Entities, the Transactions, and the Agency Proceedings

De La Fuente became a board member of FIB, formerly known as People’s Bank, on March 30, 1987, and served in that position until he…