Wade A. Kilpatrick, Stan E. Golub v. John C. Riddle, the Federal Deposit Insurance Corp., as Receiver for First Republicbank Houston, N.A.

E. GRADY JOLLY, Circuit Judge:

This case presents the following question: Does the D’Oench, Duhme doctrine,1 which protects the Federal Deposit Insurance Corporation from the effect of unrecorded agreements between an insured bank and its customers, preclude borrowers who were defrauded by failed banks, from bringing an action under federal securities laws against the FDIC as receiver? Although several circuits have touched on this question, none have squarely considered it. Supreme Court precedent, however, now makes clear that debtors may not raise bank fraud as a defense to the FDIC’s…