No. 18-74

Danica Zovko, et al. v. National Credit Union Administration Board

Lower Court: Sixth Circuit
Docketed: 2018-07-13
Status: Denied
Type: Paid
Response Waived
Tags: affirmative-defenses banking-law civil-procedure credit-union d-oench-duhme-doctrine d'oench-duhme-doctrine evidence federal-law financial-regulation fraud liquidation ncuab statute-of-limitations statutes-of-limitations
Key Terms:
Environmental SocialSecurity Securities Immigration LaborRelations
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Does the D'Oench, Duhme doctrine permit the NCUA to ignore proper evidence, statutes of limitations, affirmative defenses, and federal law?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW The Sixth Circuit affirmed the jury verdict rendered in the Northern District of Ohio. Three questions are presented: 1. Does this Court’s holding in D’Oench, Duhme & Co., Inc. v. FDIC permit the NCUAB to ignore proper evidence, statutes of limitations, affirmative defenses, and federal law? 2. Does the D’Oench, Duhme Doctrine permit the NCUA and its liquidating agent, the NCUAB, to use forged paperwork created by the individual who masterminded the largest credit union theft in United States history and then use him to verify the paper as against innocent depositors? 3. Does 12 U.S.C. § 1787(p)(2) permit the NCUAB to claim reliance upon the “official written agreements” in the credit union’s books and records when they know those books and records deceived the NCUA, outside auditors and the Credit Union Board for years?

Docket Entries

2018-10-01
Petition DENIED.
2018-07-25
DISTRIBUTED for Conference of 9/24/2018.
2018-07-23
Notice of notification under Rule 12.3 filed.
2018-07-23
Waiver of right of respondent National Credit Union Administration Board to respond filed.
2018-07-10
Petition for a writ of certiorari filed. (Response due August 13, 2018)

Attorneys

Danica Zovko, et al.
Michael P. HarveyMichael P. Harvey Co., L.P.A., Petitioner
Michael P. HarveyMichael P. Harvey Co., L.P.A., Petitioner
UNITED STATES
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent