Ulrich

Ulrich v. United States Department of Treasury

Good Law
129 F. App'x 386
United States Court of Appeals for the Ninth CircuitApril 27, 2005Nos. 03-73491, 03-73591, 03-73854, 03-73997; TREA No. AA-EC-00-40California1,072 words

Opinion

Lead Opinion

MEMORANDUM *

Eugene Ulrich and Susan Diehl McCarthy (collectively, “Ulrich”) petition for review of the Comptroller of the Currency’s (Comptroller) orders directing them to pay restitution and civil money penalties, and the Board of Governors of the Federal Reserve System’s (Board) orders prohibiting them from further participation in the affairs of any financial institution. We deny the petitions.

I

The administrative law judge (ALJ) neither abused her discretion nor denied due process in taking official notice of Six River National Bank’s (the Bank) status as an insured depository institution. The ALJ’s taking of official notice complied with the Comptroller’s rules of practice and procedure, see 12 C.F.R. § 19.36 (b)(1), and Ulrich was given a fair opportunity to rebut the noticed facts before the ALJ. Cf. Castillo-Villagra v. INS, 972 F.2d 1017, 1029 (9th Cir.1992); Getachew v. INS, 25 F.3d 841, 845 (9th Cir.1994). In light of the Federal Deposit Insurance Corporation’s (FDIC) representation that the information provided on its website was reasonably accurate and current, the website’s disclaimer of legal liability did not render its content insufficiently reliable for…

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