With no explanation, chose the best option from "A", "B", "C" or "D". or other benefit by reason of such violation ...; and (C)such violation, practice, or breach— (i) involves personal dishonesty on the part of such party; or (ii) demonstrates willful or continuing disregard by such party for the safety or soundness of such ... institution.... 12 U.S.C. § 1818(e)(1) (1994). That is, the statute requires: misconduct, with certain adverse effects, committed with a culpable state of mind. Landry argues that each of these three factors is absent. Misconduct. The Board ruled that Landry’s actions constituted both unsafe and unsound banking practices under § 1818(e)(l)(A)(ii) and breaches of his fiduciary duty under § 1818(e)(l)(A)(iii). Because there is significant overlap between the two categories, see Kaplan v. OTS, 104 F.3d 417, 421 & n. 2 (D.C.Cir.1997) (<HOLDING>), it is unsurprising that the Board found that

A: holding only a party to the partnership agreement can breach it and be liable for a breach of fiduciary duty relating to partnership obligations
B: recognizing that both involve undue risk and that a fiduciary breach can qualify as an unsafe or unsound practice
C: holding that claim of breach of fiduciary duty can be resolved under connecticut law
D: holding that breach of fiduciary duty claim was preempted by fehba
B.