On September 8, 2025, the Fifth Circuit issued its opinion in Ortega v. Office of the Comptroller of the Currency, 2025 WL 2588495 (5th Cir. Sept. 8, 2025). Petitioners, former directors of a national bank, challenged the OCC’s authority to seek civil money penalties in an administrative proceeding before an administrative law judge (ALJ). The challenge followed the U.S. Supreme Court’s decision last summer in SEC v. Jarkesy, where the Court held that the SEC’s use of an administrative proceeding to impose ...