Abercrombie v. Clarke – Case Brief Summary (Federal Court)

Abercrombie v. Clarke, 920 F.2d 1351, 1360 (7th Cir. 1990) involved an administrative decision issued by the Comptroller of Currency imposing monetary penalties against the directors of a bank in Indiana.

The directors argued that they were not given adequate notice of the violations they had to defend against because counsel for the comptroller had misinformed them of the charges at a pretrial conference.

Although the Seventh Circuit noted that the comptroller's final charges may have been somewhat inconsistent with counsel's previous indications, the court concluded that there was no evidence that the directors were misled. See Abercrombie, 920 F.2d at 1360.

"Absent evidence that a party is misled by an administrative complaint, resulting in 'prejudicial error,' we shall not reverse." Id.