Legal and Regulatory
OCC Law Department
The Office of the Comptroller of the Currency, established in 1863, is a bureau of the Treasury Department. Comptroller of the Currency is appointed by the President and confirmed by the Senate for a term of five years. The Office's principal function is the supervision of the national banking system. A staff of over 1,800 bank examiners performs the statutorily required regular examinations of more than 1900 banks subject to the Comptroller's supervision. The Chief Counsel of the Office of the Comptroller of the Currency (OCC) supervises approximately 130 attorneys in the Washington headquarters and in the four District offices. The OCC is in the forefront of contemporary issues in the financial services industry, developing banking regulations and legislation to modernize banking law, and streamlining regulatory processes. The OCC is a bureau of the Department of the Treasury engaged in the supervision of the national banking system.
The Law Department, which is managed centrally by the
Chief Counsel's office, consists of seven legal practice areas located in the
Washington headquarters office and general practice offices in each of the four district office locations.
![Law Department Organization Chart, click for a detailed description](https://webarchive.library.unt.edu/web/20090114190658im_/http://www.occ.treas.gov/graphics/laworgchart.gif)
Chief Counsel's
Office |
(202) 874-5200 |
top |
The
Chief Counsel's Office (CCO) centrally manages the Law Department. OCC
attorneys:
· Develop innovative, precedential opinions on
contemporary issues (preemption, derivatives, new bank products, expanding
bank markets, interstate banking, privacy, fair lending, community
reinvestment and other consumer issues);
· Enforce compliance with banking requirements by
national banks through administrative actions;
· Ensure protection and fair treatment of bank
customers through application of consumer laws and regulations;
· Develop banking regulations and legislation to
modernize banking law;
· Investigate federal securities law violations and
enforce applicable securities laws;
· Handle international banking issues and negotiate
international agreements;
· Represent the Comptroller in litigation involving any
of OCC's operations. |
Julie L. Williams
|
First Senior Deputy Comptroller and Chief Counsel |
Daniel P. Stipano |
Deputy Chief Counsel |
James Gillespie |
Deputy Chief Counsel |
Vacant |
Assistant Chief Counsel |
Administrative & Internal Law
(AIL) |
202-874-4460 |
top |
The
Administrative and Internal Law Division (AIL) is responsible for providing
legal advice relating to the OCC's operation as a federal agency: personnel
(compensation and benefits, civil service, EEO); the ethics program;
assessments; delegations; financial management; federal information law
(including FOIA, Privacy Act, Right to Financial Privacy Act); and contracts and
leasing. AIL
also administers the entry-level attorney recruitment program.
David Kane |
Director |
Harold Hansen |
Assistant Director |
Bank Activities
& Structure (BAS) |
202-874-5300 |
top |
The Bank
Activities and Structure Division (BAS) provides advice on a broad range of
banking law questions. It advises on bank structure matters arising
in the licensing context such as chartering national banks, branching, operating
subsidiaries, financial subsidiaries, non-controlling investments in other
entities, conversions, mergers and acquisitions, antitrust issues, interstate
operations, change in control, and management interlocks. In addition, BAS
advises on general bank powers and activities, electronic banking, bank-owned
life insurance, real estate and leasing activities, lending limits, interest
rate exportation, bank officer and director issues, affiliate insider
transactions, and bank premises and trade names.
Finally, BAS advises on problem bank and resolution
matters, voluntary liquidations, conservatorship, receivership, golden
parachutes, and other banking law questions arising in a problem bank resolution
context. These
questions involve interpretation of provisions of law applicable to national
banks including the National Bank Act, Federal Deposit Insurance Act, FDIC
Improvements Act, Bank Holding Company Act, Bank Merger Act, Change in Bank
Control Act, Depository Institutions Management Interlocks Act, Riegle-Neal
Interstate Banking and Branching Efficiency Act, Financial Institutions Reform,
Recovery and Enforcement Act, Gramm-Leach-Bliley Act, and Sarbanes-Oxley Act.
Eric Thompson |
Director |
William Glidden |
Assistant Director |
Kristina Whittaker |
Assistant Director |
Community and
Consumer Law (CCL) |
202-874-5750 |
top |
The
Community and Consumer Law Division (CCL) provides legal interpretations and
advice on consumer protection, fair lending and community reinvestment
issues. The
Division is also responsible for legal issues related to the bank community
development powers and activities, including activities conducted within the
bank, investments in community development corporations and projects, and
participation in community development financial institutions.
Michael Bylsma |
Director |
Stephen VanMeter |
Assistant Director |
Enforcement and Compliance
(E&C) |
202-874-4800 |
top |
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 |
Legislative &
Regulatory Activities (LRA)
|
202-874-5090 |
top |
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 |
Litigation (LIT)
|
202-874-5280 |
top |
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.
Ford Barrett |
Assistant Director |
Ellen Warwick |
Assistant Director |
Securities &
Corporate Practices Division (SCP)
|
202-874-5210 |
top |
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.
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 |
Southern District Office
(SODO) |
214-720-7012 |
|
Randy Ryskamp |
District
Counsel |
Central
District Office
(CEDO) |
312-360-8805 |
|
Coreen Arnold |
District
Counsel |
Western
District Office
(WEDO) |
720-475-7600 |
|
Lance Cantor |
District
Counsel |
|