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Administrative Law Keyed to Funk
Freese v. Federal Deposit Insurance Corp.
Citation:
837 F. Supp. 22 (1993)Facts
On October 10, 1991, the FDIC was appointed receiver and liquidating agent for New Hampshire Savings Bank. In September 1992, the FDIC issued an Order of Investigation to determine whether any valid claims existed against the bank’s former officers and directors, whether sufficient assets existed to pursue potential claims, and whether the FDIC should seek to freeze or attach any assets. On June 3, 1993, the FDIC issued identical administrative subpoenas to nine former officers and directors of the bank, seeking extensive personal financial information about them and their families for the previous five years. The recipients objected to the subpoenas, arguing that the FDIC lacked authority to seek personal financial information, that the information was not relevant to the investigation, and that the subpoenas were overly broad and burdensome. After the FDIC ordered compliance, the recipients filed suit challenging the validity of the subpoenas.
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