Mr. Cynkar, while at another firm, was part of the team that brought, and prosecuted through the Supreme Court, the landmark United States v. Winstar case.
Federal regulators, in an effort to reduce their insurance liabilities for failing savings and loans during that industry’s financial crisis, had entered into agreements with the Winstar plaintiffs to take over and recapitalize failing thrifts. Subsequent legislation overhauling thrift regulation required federal regulators to breach key elements of these agreements to temporarily forebear enforcing certain regulatory standards.
As a result, the thrifts failed and were seized by the regulators. Overcoming various arguments that the federal government could not be held to its agreements in closely regulated industries in light of a congressional change of policy, the Supreme Court held that the federal government can be bound by such agreements and that it had an obligation to indemnify the thrift owners for the damages incurred. Over 100 “Winstar” cases were eventually filed in the U.S. Court of Federal Claims seeking damages on behalf of thrift owners.