FDIC Enforcement Decisions and Orders is a unique service publishing the actual enforcement decisions of the Federal Deposit Insurance Corporation, the full text of consent decrees entered into by the FDIC, along with other orders and opinions.

In addition to the full text of each decision or consent decree, FDIC Enforcement Decisions and Orders makes it easy to find particular points of law or procedure by providing, in front of each decision, a concise summary and headnotes. These headnotes are keyed into the comprehensive subject matter index included in the Tables and Indices portion of the service. The service will be supplemented monthly, and will include a brief report bulletin summarizing the new decisions and orders included in each supplement.

History. The precursor to this service was FDIC Enforcement Decisions, initially published in 1988 by Prentice Hall. That service published full text of redacted FDIC enforcement decisions, along with an index and a cross-reference table. The service has been expanded to include consent orders and orders modifying or terminating previous decisions or orders. Also, six new tables and indices have been included to facilitate access to decisions and orders.

Decisions and Orders. The primary material included in this service is divided into five sections, each separated by a colored tab card. Each individual decision or order is assigned a paragraph number. Moreover, each section has its own coded pagination scheme. Here is a summary of the five sections:

• Adjudicated Decisions are the substantive decisions issued by the FDIC Board of Directors. Within each paragraph number are included both the FDIC Board decision and any decision by an administrative law judge or presiding officer. This section begins with ¶5001, at page A-1.
• Interlocutory Decisions are the procedural decisions issued by the FDIC Board of Directors. This section begins with ¶8001, at page I-1.
• Terminations and Modifications of Adjudicated Decisions are decisions terminating or modifying existing adjudicated decisions. This section begins with ¶9001, at page TA-1.
• Consent Decrees are the agreements negotiated between the FDIC and financial institutions or other parties. This section begins with ¶10,001, at page C-1.
• Terminations and Modifications of Consent Decrees are decisions terminating or modifying existing consent decrees. Other miscellaneous material, such as withdrawals of pending proceedings, are included in this section. This section begins with ¶15,001, at page TC-1.

With each section, decisions are ordered chronologically; if two or more decisions or orders are issued on the same date, the one with the lowest docket number will appear first.

Impact of FIRREA. Before the passage of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), all adjudicated decisions of the FDIC were published in redacted form, with the names of banks, directors, officers, and other identifying details deleted. The enforcement decisions in these volumes dated before August 9, 1989, appear in that redacted form. Decisions rendered on or after that date include identifying matter, except in rare instances where the identities of non-respondents have been redacted or where the principles of the Freedom of Information Act or the Privacy Act apply.

For both the Adjudicated Decisions and the Interlocutory Decisions, white tab cards divide each year's decisions, with an additional tab card dividing 1989 into the pre- FIRREA and post-FIRREA periods.

Until the passage of FIRREA, the FDIC did not publicly release consent decrees entered into with institutions and other parties. Similarly, terminations and modification orders were not publicly released on a regular basis. Therefore, all orders included in those tabs are dated on or after August 9, 1989. Again, white tab cards divide each year's orders.

Headnotes. Headnotes are included in the Adjudicated Decisions, Interlocutory Decisions, and Consent Orders portions of the service. Each decision is preceded by a brief editorial digest of the case followed by relevant headnotes.

For the Adjudicated Decisions and Interlocutory Decisions, a specific point of law is summarized. To make it easy to find a particular point of law, each headnote is keyed to the corresponding section in the decision. Thus, to find discussion of the particular point of law summarized in headnote [.1], readers should simply scan the case until that headnote number appears.

In some cases, a headnote number will appear in the decision of an administrative law judge or presiding judge. In all instances, those rulings have been adopted by the FDIC Board of Directors.

For the Consent Orders section of the service, only the key words and phrases are included. That is because the consent orders do not include discussion of particular points of law, but rather the terms of an agreement between the FDIC and respondent parties. The headnotes in this section are geared to the affirmative steps required of respondents to comply with agency policy.

Cross-References and Updating. Italicized notes are often placed at the conclusion of the summary of each case, before the headnotes. Such information would include whether an appeal has been filed with a U.S. Circuit Court of Appeals, whether an order or decision has been modified or terminated or whether there is a separate decision or order in the same FDIC Docket.

Tables and Indices. FDIC Enforcement Decisions and Orders includes eight separate tables and indices to guide readers to the appropriate decision or order. First and foremost is the subject matter index, which tracks closely to the headnotes included with each decision. That index is divided into two parts, one encompassing the points of law elucidated in adjudicated and interlocutory cases, with the other encompassing remedial directives included most often in consent decrees. Each entry in the subject matter index will include both the paragraph number of the decision and the relevant headnote number (In a few instances, the headnote number ".O" is used to refer to a decision generally.)

Also included is a cross-reference table matching the FDIC Docket Number to the Paragraph Number assigned to each decision or order included in the service (including termination orders). A separate table indicates the decisions and/or orders that have been the subject of subsequent modification or termination.

Other tables included in this section are:

• Index by Institution-Affiliated Party
• Index by Type of Action
• Index by State and City of Institution
• Index by Name of Institution
• Index by Statute/Regulation

Citation Style.