SARC-2003-02 (November 4, 2003)

[Bank ] (“Bank”) filed an appeal with the FDIC’s Division of Supervision and Consumer Protection (“DSC”), challenging certain material supervisory findings contained in the FDIC’s January 28, 2002 Report of Examination. Michael J. Zamorski, Director, DSC, referred the appeal to the Supervision Appeals Review Committee (“Committee”) pursuant to the FDIC’s Guidelines for Appeals of Material Supervisory Determinations, 60 Fed. Reg. 15923 (March 28, 1995).

After considering the matter at length, the Committee has concluded that the Bank’s appeal should be granted. The Committee believes that, on balance, DSC presented insufficient evidence to support its position that the Bank, through its subsidiary, … Inc., engaged in a pattern of practice or “overt discrimination.” The Committee has asked Regional Director Christopher Spoth to oversee any necessary modifications to FDIC documents impacted by the Committee’s decision. Director Spoth will be contacting the Bank within the next few days to explain these modifications.