Legal and Regulatory

The Enforcement and Compliance Division (E&C) is responsible for handling all non-delegated enforcement actions, including large civil money penalties, suspensions and removals, temporary cease and desist orders, and other administrative enforcement actions to assure compliance with federal banking laws by national banks and officials. The Division also acts as a liaison with the Department of Justice on significant referrals for criminal acts involving bank officials and works closely with the Department and the other bank regulatory agencies on coordination of law enforcement efforts involving insured financial institutions.

Richard Stearns	Director
Linda Bridgman	Assistant Director
Gerard Sexton	Assistant Director

The Legislative and Regulatory Activities division (LRA) is responsible for the following areas of the law department's work: ·      Developing and drafting the OCC's regulations and ensuring the agency's compliance with the various Federal statutes and executive orders that govern the rulemaking process; ·      Monitoring pending legislation of significance to national banks or the OCC and providing legal support for the agency's legislative work; ·      Providing legal advice on international banking issues relating to foreign banks' Federal branches or agencies in the United States and the foreign operations of national banks; ·      Providing legal advice and preparing legal opinions on the applicability of state laws to national banks; and ·      Providing legal advice on issues relating to national banks' regulatory capital requirements.

Karen Solomon	Director
Michele Meyer	Assistant Director
Stuart Feldstein	Assistant Director

The principal duties of the Litigation Division fall into six categories:

Representing OCC in court

Federal courts - in actions dealing with national bank powers and banking issues, OCC has the statutory right to represent itself (as opposed to relying on the Department of Justice) in all federal courts except the Supreme Court. Cases handled by the Litigation Division in federal courts include such varied subjects as national bank powers, preemption of state law, claims challenging OCC enforcement and bank resolution actions, and OCC decisions, orders and regulations.

State courts - seldom if ever is OCC a party in state court.  Frequently, however, issues presented in state court touch upon OCC or other federal regulations, OCC interests, or important elements of national bank powers and operations. In such cases the Litigation Division often finds it necessary or helpful to file a brief or letter informing a state court of OCC's position on some specific legal issue.

Representing OCC in the administrative phase of personnel -EEO and MSPB- actions.

Administering OCC's regulation of 12 C.F.R. Part 4, subpart C, regarding confidential supervisory information.  This involves analyzing and responding to requests for such information, responding to subpoenas for such information, and informing courts of OCC's regulation in cases where such information is sought to be obtained directly from a bank or other non-OCC party.

In administrative enforcement actions brought by OCC's Enforcement and Compliance Division, advising the Comptroller regarding administrative law judge decisions appealed to the Comptroller, and drafting the Comptroller's decision document in such instances.

Providing litigation risk advice, whenever requested, on all relevant topics including bank powers, preemption, enforcement and problem bank resolution, and personnel matters.

Preparing the legal memoranda necessary for the preparation of problem bank resolutions.

Horace Sneed

Director

Ford Barrett	Assistant Director
Ellen Warwick	Assistant Director

The Securities and Corporate Practices Division provides legal counsel to the OCC and advises banks and the public on a broad range of federal banking and securities law matters.  It provides advice on bank powers, securities activities, derivatives activities, complex structured finance transactions, securitization, capital markets activities, fiduciary matters, corporate governance, director and shareholder issues, corporate activities, functional regulation, annuities and insurance, debt cancellation contracts, the anti-tying provisions, and bank investments. 

SCP provides counsel on corporate applications and notices, including those relating to operating subsidiaries and financial subsidiaries, and regulatory and legislative matters within its areas of expertise.  In connection with these activities, SCP addresses questions relating to the National Bank Act, Federal Deposit Insurance Act, FDIC Improvements Act, Bank Holding Company Act, Financial Institutions Recovery and Enforcement Act, Gramm-Leach-Bliley Act, and Sarbanes-Oxley Act.  SCP also administers and enforces the federal securities laws affecting national banks that: have securities registered under the Securities Exchange Act of 1934; offer their securities to the public; act as transfer agents; or act as municipal or government securities dealers. 

The division also serves as liaison with the Securities and Exchange Commission, the National Association of Securities Dealers, and the Commodities Futures Trading Commission.

Ellen Broadman

Director

William Dehnke	Assistant Director
Donald Lamson	Assistant Director

District Counsel Offices

The District Counsel and their attorneys serve as the OCC's frontline legal advisors, working directly with bank examiners in the field, assistant deputy comptrollers in Bank Supervision, district licensing staff, and the district deputy comptrollers. District attorneys also advise large and mid-size bank examination teams within the same geographic areas and deputy comptrollers for the large and mid-size banks.  They advise these clients on virtually the entire spectrum of banking law issues, frequently dealing with questions that arise during bank examinations and require prompt resolution. 

District attorneys frequently provide advice to banking companies, bank counsel, and law firms on the most significant aspects of the national bank charter and how particular structures or transactions could be undertaken to solve operational, legal, or financial obstacles to the lawful exercise of the powers of a national bank or to better service customers in a particular market.  Further, the District Counsel are the OCC's frontline legal representatives with respect to U.S. Attorneys' Offices, state banking departments, and other local offices of federal and state agencies. 

District attorneys provide legal support on all types of enforcement actions, including formal and informal agency actions against banks, individuals, and other institution-affiliated parties.  They also conduct legal training programs for examiners and represent the Law Department as speakers at external seminars for private sector attorneys and at district and large bank outreach meetings.  The District Counsel offices prepare a variety of significant enforcement actions, corporate opinions, and legal advisory letters.

Northeastern District Office (NEDO)

212-790-4010

Jonathan Rushdoony

District Counsel