UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 OMB APPROVAL OMB Number: 3235- 0101 Expires: December 31, 2007 Estimated average burden hours per response ........ 4.47 FORM 144 SEC USE ONLY DOCUMENT SEQUENCE NO. NOTICE OF PROPOSED SALE OF SECURITIES PURSUANT TO RULE 144 UNDER THE SECURITIES ACT OF 1933 CUSIP NUMBER ATTENTION: Transmit for filing 3 copies of this form concurrently with either placing an order with a broker to execute sale or executing a sale directly with a market maker. WORK LOCATION 1 (a) NAME OF ISSUER (Please type or print) Capital One Financial Corporation (b) IRS IDENT. NO. 54-1719854 (c) S.E.C. FILE NO. 1-13300 Telephone 1 (d) ADDRESS OF ISSUER STREET CITY STATE ZIP CODE 1680 Capital One Drive McLean, VA 22102 703 ? 720-1000 2 (a) NAME OF PERSON FOR WHOSE ACCOUNT THE SECURITIES ARE TO BE SOLD Jory A. Berson (B) IRS RESIDENT NO. N/A (C ) RELATIONSHIP TO ISSUER PRESIDENT, U.S. CARD (D) ADDRESS 1680 CAPITAL ONE DRIVE , MCLEAN VA 22102 Title of the Class of Securities to be sold Name and Address of Each Broker Through Whom the Securities are to Offered or Each Market Maker who is Acquiring the Securities SEC USE Only Broker- Dealer File Number Number of Shares or Other Units to be Sold Aggregate Market Value Number of Shares or Other Units Outstanding Approximate Date of Sale Name of Each Securities Exchange Common Stock E*Trade Financial 1095 White Rock Road Rancho Cordova, VA 95670 30,293 $2,485,843.58 @2/16/2007 304,754,446 @10/31/2006 Various pursuant to 10b5-1 Plan NYSE INSTRUCTIONS: 1. (a) Name of issuer (b) Issuer?s I.R.S. Identification Number (c) Issuer?s S.E.C. file number, if any (d) Issuer?s address, including zip code (e) Issuer?s telephone number, including area code 2. (a) Name of person for whose account the securities are to be sold (b) Such person?s I.R.S. identification number, if such person is an entity (c) Such person?s relationship to the issuer (e.g., officer, director, 10% stockholder, or member of immediate family of any of the foregoing) (d) Such person?s address, including zip code 3. (a) Title of the class of securities to be sold (b) Name and address of each broker through whom the securities are intended to be sold (c) Number of shares or other units to be sold (if debt securities, give the aggregate face amount) (d) Aggregate market value of the securities to be sold as of a specified date within 10 days prior to the filing of this notice (e) Number of shares or other units of the class outstanding, or if debt securities the face amount thereof outstanding, as shown by the most recent report or statement published by the issuer (f) Approximate date on which the securities are to be sold (g) Name of each securities exchange, if any, on which the securities are intended to be sold Potential persons who are to respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. SEC 1147 (01-04) TABLE I ?? SECURITIES TO BE SOLD Furnish the following information with respect to the acquisition of the securities to be sold and with respect to the payment of all or any part of the purchase price or other consideration therefore: Title of the Class Date you Acquired Nature of Acquisition Transaction Name of Person from Whom Acquired (If gift, also give date donor acquired) Amount of Securities Acquired Date of Payment Nature of Payment Common Stock Various Exercise of Options (All underlying shares are registered on Form S-8) Vesting of Restricted Stock Capital One Financial Corporation 30,293 Various Cashless Exercise for Options ------ Vesting of Restricted Stock granted by Issuer INSTRUCTIONS : If the securities were purchased and full payment therefore was not made in cash at the time of purchase, explain in the table or in a note thereto the nature of the consideration given. If the consideration consisted of any note or other obligation, or if payment was made in installments describe the arrangement and state when the note or other obligation was discharged in full or the last installment paid.. TABLE II ?? SECURITIES SOLD DURING THE PAST 3 MONTHS Furnish the following information as to all securities of the issuer sold during the past 3 months by the person for whose account the securities are to be sold. Name and Address of Seller Title of Securities Sold Date of Sale Amount of Securities Sold Gross Proceeds Jory A. Berson 1680 Capita One Drive McLean, VA 22102 Common Stock 12/15/2006 2,117 $163,326.55 REMARKS: The shares being covered by this Form 144 are being sold pursuant to a 10b5-1 sales plan dated as of February 1, 2007, and the representation below regarding the seller?s knowledge of material information speaks as of that plan?s adoption date. INSTRUCTIONS: See the definition of ?person? in paragraph (a) of Rule 144. Information is to be given not only as to the person for whose account the securities are to be sold but also as to all other persons included in that definition. In addition, information shall be given as to sales by all persons whose sales are required by paragraph (e) of Rule 144 to be aggregated with sales for the account of the person filing this notice. ATTENTION: The person for whose account the securities to which this notice relates are to be sold hereby represents by signing this notice that he does not know any material adverse information in regard to the current and prospective operations of the Issuer of the securities to be sold which has not been publicly disclosed. Date of Notice : February 20, 2007 (Signature) S./ Jory A. Berson The notice shall be signed by the person for whose account the securities are to be sold. At least one copy of the notice shall be manually signed. Any copies not manually signed shall bear typed or printed signatures. ATTENTION: Intentional misstatements or omission of facts constitute Federal Criminal Violations (See 18 U.S.C. 1001)