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

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-3716, 17-3750 · judgment April 11, 2018


Certiorari denied · October 1, 2018
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

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?

Counsel of record

For petitioner
Michael P. Harvey
Michael P. Harvey Co., L.P.A.

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

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