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Freese v. Federal Deposit Insurance Corp.

United States District Court for the District of New Hampshire
837 F. Supp. 22 (1993)


Facts

After being appointed receiver and liquidating agent for New Hampshire Savings Bank, the Federal Deposit Insurance Corporation (FDIC) (defendant) issued an Order of Investigation. The purpose of the investigation was to determine: (1) whether any valid claims existed against the Bank’s former officers and directors (plaintiffs) for any action or failure to act; (2) whether sufficient assets existed to make pursuit any such claims cost effective; (3) whether the FDIC should seek to avoid any transfers made by the officers and directors; and (4) whether the FDIC should seek an attachment of any of the assets of the officers and directors. The FDIC subpoenaed the plaintiffs for personal financial information in relation to them and their families for the five years prior to the issuance of the subpoenas. The plaintiffs opposed the subpoenas, arguing that they were sought for improper purposes and that, even if the court found the purposes were proper, the information sought was not relevant to those purposes, and that the subpoenas were issued in violation of the Fourth Amendment. The FDIC sought to have the subpoenas enforced.

Rule of Law

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Issue

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Holding and Reasoning (Loughlin, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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