Litigation (LIT) 202-874-5280
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 -
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seldom if ever is OCC a party in state court.
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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.