C.F.R. » Title 12 » CHAPTER III—FEDERAL DEPOSIT INSURANCE CORPORATION › SUBCHAPTER B—REGULATIONS AND STATEMENTS OF GENERAL POLICY › PART 336—FDIC EMPLOYEES › Subpart B—Minimum Standards of Fitness for Employment With the Federal Deposit Insurance Corporation

12 C.F.R. § 336.4

Minimum standards for appointment to a position with the FDIC

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(a) No person shall become employed on or after June 18, 1994, by the FDIC or otherwise perform any service for or on behalf of the FDIC who has:

(1) Been convicted of any felony;

(2) Been removed from, or prohibited from participating in the affairs of, any insured depository institution pursuant to any final enforcement action by any appropriate federal banking agency;

(3) Demonstrated a pattern or practice of defalcation regarding obligations to insured depository institutions; or

(4) Caused a substantial loss to federal deposit insurance funds.

(b) Prior to an offer of employment, any person applying for employment with the FDIC shall sign a certification of compliance with the minimum standards listed in paragraphs (a)(1) through (4) of this section. In addition, any person applying for employment with the FDIC shall provide as an attachment to the certification any instance in which the applicant, or a company under the applicant's control, defaulted on a material obligation to an insured depository institution within the preceding five years.

(c) Incumbent employees who separate from the FDIC and are subsequently reappointed after a break in service of more than three days are subject to the minimum standards listed in paragraphs (a)(1) though (4) of this section. The former employee is required to submit a new certification statement including attachments, as provided in paragraph (b) of this section, prior to appointment to the new position.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: John Doe v. Jonathan McKernan (D.C. Cir. 2025).
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John Doe v. Jonathan McKernan (D.C. Cir. 2025). “3 § 1822(f)(4)(E)(i); 12 C.F.R. § 336.4 (a)(1). Congress originally passed that prohibition to regulate hiring by the Resolution Trust Corporation, an independent agency created by Congress in response to the savings and loan crisis in the late 1980s.”
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