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{{3-31-94 p.C-617}}

   [10,128] In the Matter of Otto B. Johnson, Jr., individually, and as a former director, officer, and participant in the conduct of the affairs of State Bank of St. Libory, St. Libory, Illinois, Docket No. FDIC-90-11e (11-5-90).

   Director and officer prohibited from further participation in the conduct of affairs, exercise of voting rights, service as an institution-affiliated party, and voting for directors of Bank.

   [.1] Prohibition, Removal, or Suspension—Prohibition—Conduct of Affairs
   [.2] Prohibition, Removal, or Suspension—Prohibition—Exercise of Voting Rights
   [.3] Prohibition, Removal, or Suspension—Prohibition—Vote for Directors—Service as Institution-Affiliated Party

In the Matter of
OTTO B. JOHNSON, JR.,
individually, and as a former director, officer, and participant in the conduct of the affairs of
STATE BANK OF ST. LIBORY
ST. LIBORY, ILLINOIS
(Insured State Nonmember Bank)
ORDER OF PROHIBITION FROM
PARTICIPATION

   The Federal Deposit Insurance Corporation ("FDIC"), on February 23, 1990, issued a NOTICE OF INTENTION TO PROHIBIT FROM PARTICIPATION ("NOTICE") against Otto B. Johnson, Jr. ("Respondent"), individually, and as an officer, director, and participant in the conduct of the affairs of State Bank of St. Libory, St. Libory, Illinois ("Bank"), pursuant to section 8(e) of the Federal Deposit Insurance Act ("Act"), 12 U.S.C. § 1818(e)(1) (1989).
   The Respondent and counsel for the FDIC thereafter executed a STIPULATION AND CONSENT TO THE ISSUANCE OF AN ORDER OF PROHIBITION FROM PARTICIPATION ("CONSENT AGREEMENT") dated August 28, 1990, whereby, solely or the purpose of this proceeding and without admitting or denying violations of laws, rules, and regulations, breaches of fiduciary duty, or unsafe or unsound banking practices as set forth in the NOTICE, Respondent consented to the issuance of an ORDER OF PROHIBITION FROM PARTICIPATION ("ORDER") by the FDIC.
   The FDIC considered the matter and determined that it had reason to believe that Respondent had engaged or participated in violations of laws, rules, and regulations, breaches of fiduciary duty, and unsafe or unsound banking practices which seriously prejudiced the interests of the Bank's depositors, evidenced a willful or continuing disregard for the Bank's safety and soundness, and resulted in substantial loss or other damage to the Bank, and that the violations, breaches, and practices evidenced Respondent's unfitness to serve as an officer, director, or participant in the conduct of the affairs of the Bank. The FDIC, therefore, accepted the CONSENT AGREEMENT and issued the following:

ORDER

   [.1] 1. IT IS HEREBY ORDERED, that the Respondent shall not participate in any manner in the conduct of the affairs of the Bank or any insured depository institution, agency, or organization enumerated in 12 U.S.C. § 1818(e)(7)(A) (1989) without the prior written consent of the FDIC and the appropriate Federal banking agency, as that term is defined in 12 U.S.C. § 1813(q).

   [.2] 2. IT IS FURTHER ORDERED, that the Respondent shall not solicit, procure, transfer, attempt to transfer, vote, or attempt to vote any proxy, consent, or authorization with respect to any voting rights in the Bank or any insured depository institution, agency, or organization enumerated in 12 U.S.C. § 1818(e)(7)(A) without the prior written consent of the FDIC and the appropriate Federal banking agency, as that term is defined in 12 U.S.C. § 1813(q) (1989).

   [.3] 3. IT IS FURTHER ORDERED, that the Respondent shall not vote for a director, or serve or act as an institution-affiliated party, as that term is defined in 12 U.S.C. § 1813(u) (1989), of this Bank, or any insured depository institution, agency, or organization, enumerated 12 in U.S.C. § 1818(e)(7)(A) (1989).
   This ORDER shall become effective ten {{3-31-94 p.C-618}}days after issuance by the FDIC. The provisions of this ORDER shall remain effective and unenforceable except to the extent that, and until such time as, any provision of this ORDER shall have been modified, terminated, suspended, or set aside by the FDIC.
   Pursuant at Washington, D.C., this 5th day of November, 1990.

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