You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Cbc, Inc. Lynell G. Skarda, Langdon L. Skarda, Kent Carruthers, Institution-Affiliated Parties of Cbc, Inc. v. Board of Governors of the Federal Board of Reserve System

Citations: 13 F.3d 404; 1993 U.S. App. LEXIS 37413; 1993 WL 492979Docket: 92-9572

Court: Court of Appeals for the Tenth Circuit; November 29, 1993; Federal Appellate Court

Narrative Opinion Summary

In the case of CBC, Inc. v. Board of Governors of the Federal Reserve System, the petitioners, including a bank holding company and its officers, appealed penalties imposed for failing to file a certified financial report for 1988. The appeal contested the Board's authority and the imposed penalties, arguing previous waivers and ongoing litigation negated their filing obligation. However, the court upheld its prior ruling affirming the Board's authority to enforce compliance, denying the estoppel claim due to the absence of misrepresentation regarding past waivers. The court emphasized the ongoing obligation to file despite litigation and highlighted the lack of a stay of the previous ruling. Penalties, deemed modest compared to potential costs, were upheld as reasonable and necessary to ensure compliance. The decision, while not precedential, reinforces the deference afforded to agency assessments unless clearly unjustified. The petitioners' arguments regarding the penalties' arbitrariness were rejected, and the court criticized unprofessional conduct in the petitioners' briefing. The ruling illustrates the balance between regulatory enforcement and judicial oversight in compliance matters.

Legal Issues Addressed

Authority of Regulatory Agencies

Application: The court affirms the Board's authority to enforce compliance with financial reporting requirements, even during ongoing litigation.

Reasoning: The court notes that it is bound by that decision, which confirmed the Board’s authority to enforce compliance.

Citing Unpublished Opinions

Application: Unpublished opinions may be referenced for their persuasive value if a copy is attached or shared during oral argument.

Reasoning: Unpublished opinions may now be cited if they have persuasive value on a material issue, provided a copy is attached to the citing document or shared during oral argument with the Court and all parties, as per the General Order of November 29, 1993.

Estoppel Against Regulatory Agencies

Application: The Board is not estopped from imposing penalties as past waivers of the certification requirement were clearly limited and not misrepresented.

Reasoning: The court finds no misrepresentation by the Board, as past waivers were clearly limited.

Judicial Deference to Agency Penalties

Application: Courts defer to agency penalty assessments unless found legally unwarranted or factually unjustified; the fines imposed were deemed reasonable.

Reasoning: Courts afford significant deference to regulatory agency penalty assessments, only intervening if they are legally unwarranted or factually unjustified.

Monetary Penalties for Reporting Violations

Application: The penalties imposed by the Board were affirmed as reasonable and necessary to ensure compliance, with fines considered modest.

Reasoning: The Board's penalties are affirmed as reasonable; petitioners were subject to fines up to $1,000 per day, which are deemed modest relative to audit costs tied to the FR Y-6 Form.

Obligation to Comply with Reporting Requirements

Application: The obligation to file a certified financial report exists despite pending litigation challenging the requirement.

Reasoning: The obligation to file existed regardless of ongoing litigation.