Carrie Sutherland

Experience

Carrie counsels and litigates for clients in a wide variety of complex commercial matters, including multi-million dollar D&O, professional liability, and insurance coverage disputes arising in financial institution receiverships. Carrie is also experienced in collecting debts involving all types of receivables, defending Fair Debt Collection Practices lawsuits, drafting and negotiating contracts, representing debtors and creditors in bankruptcy proceedings, and handling real estate disputes. She has practiced in state and federal courts around the country, and is also accomplished in alternative dispute resolution, including mediations.

Before joining RCC, Carrie was Counsel in the Professional Liability Unit of the Federal Deposit Insurance Corporation during two bank crises -- from late 1980 to mid-1990 and from 2008 through 2011. After investigating the causes of bank failures across the country, Carrie oversaw suits against officers, directors, attorneys, appraisers, brokers, mortgage fraud-feasors, and others, and in the course of doing so, handled many unique insurance coverage disputes. Between her terms at the FDIC, Carrie was the director of the litigation department for one of the country's largest debt buyers. She established the company's internal legal collection department, collecting millions of dollars in credit card receivables and other debt owed to the company. Carrie also served as an Assistant Attorney General for the Commonwealth of Virginia and as Counsel in the U.S. Department of Justice's Commercial Litigation Branch, Civil Division, defending the United States in personnel litigation and government contract disputes. Carrie also worked in private practice for four years, handling bankruptcy matters for creditors and debtors, collection cases for condominium associations, real estate closings and disputes, as well as mortgage deficiency work and lender liability defense for several banks.

Notable Engagements

• FDIC as Receiver for Silverton Bank, N.A. v. Bryan, et al. (August 2011 N.D. Ga.) - Initiated suit for $71 million in damages against 17 former officers and directors for negligence, gross negligence and breach of fiduciary duty in connection with 15 loan transactions and corporate waste claims. The complaint included a novel declaratory judgment action against two insurance carriers to resolve coverage disputes regarding various policy exclusions.
• FDIC as Receiver for First Georgia Bank, Jackson, GA - Led FDIC investigation that culminated in the first director and officer (D&O) settlement in the current bank crisis. The FDIC recovered full D&O insurance policy limits after limited defense cost deduction.
• FDIC as Receiver for Ocala National Bank, Ocala, FL - Oversaw FDIC investigation resulting in settlement of all D&O liability claims pre-suit after a two-day mediation.
• FDIC as Receiver for Warren Bank, Warren, MI - Oversaw FDIC investigation that led to settlement of claims against directors and officers.
• FDIC as Receiver for Downey Savings and Loan Association, Newport Beach, CA - Obtained $359,000 in settlements for the FDIC in four separate mortgage malpractice fraud cases against appraisers, brokers, borrowers, and others in various California state courts.
• FDIC as Receiver for Tri-County Savings and Loan Association v. Greenbaum, Rowe, Smith, Ravin, Davis & Bergstein, et al. (N.J. Super. Camden Co. 1992) - Oversaw suit for the FDIC against an S&L's outside counsel, alleging malpractice in connection with large real estate transactions. The suit settled for $12.5 million, the largest reported attorney malpractice recovery in New Jersey at the time.
• FDIC as Receiver for Guaranty Federal Savings and Loan v. Cheng et al, 832 F. Supp. 181 (N.D.Tex. 1983) - Oversaw suit against S&L's directors and officers, and four E.F.Hutton securities traders, for federal and state securities fraud, common-law fraud, breach of contract, breach of fiduciary duties, and negligence arising from unlawful bond trading. Obtained $25 million settlement for the S&L's estate. 
• University of Virginia Medical Center (UVAMC) -- Settled a breach of contract matter pre-suit against two nursing facilities for failure to pay UVAMC under a contract for nursing services.
• Northern Virginia Community College (NVCC) - Brought suit against a copy service company for recoupment, unlawful enrichment, and fraud for billing NVCC over $100,000 for services the company did not provide. Recovered full amount pled within three weeks of filing suit.

Education

• American University, Washington College of Law, J.D.; Served on Law Review; Selected by the Dean to teach legal research and writing to first year students; Best Brief: Upper Class Moot Court Competition
• College of William and Mary, Williamsburg, VA, B.A. Sociology

Bar Admissions

• Virginia
  
• District of Columbia
  
• U.S. District Courts for E.D. and W.D. Virginia
  
• U.S. Bankruptcy Courts for E.D. Virginia
  
• Virginia Supreme Court

Publications and Presentations

• FDIC Mediation--Settlement Conferences and Settlements: Lessons Learned (2011)
  
• FDIC - Presentation of PLU Procedural Manual (2010)