Bank Enforcement Actions: Usurping Legislative Prerogatives

Keith R. Fisher

Document Type

Article

Publication Title

Banking Law Journal

Abstract

The federal banking regulatory agencies are.filling the vacuum of congressional inaction with dubious practices that have serious legal implications for banks. The author analyzes such agency practices as (1) legislation by rulemaking; (2) abuse of the civil money penalty authority; (3) use of FIRA to impose personal liability on directors; and (4) removal of individuals who have previously resigned from boards of directors. He advises bank counsel on how to deter the agencies from further pursuit of such onerous activities.

First Page

215

Last Page

243

Publication Date

1987

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