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FDIC Enforcement Decisions and Orders

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{{4-30-91 p.C-816}}
   [10,181] In the Matter of Michael A. Decker, Docket No. FDIC-90-176e (2-14-91).

   Respondent prohibited from participating in the conduct of the affairs of, or exercising voting rights in, any insured institution without prior consent of the FDIC.

   [.1] Prohibition—Participation in Conduct of Affairs
   [.2] Prohibition—Exercise of Voting Rights

In the Matter of
MICHAEL A. DECKER, individually,
as an officer, and director, and as a
person participating in the conduct of
the affairs of
FIRST CAPITOL BANK
WEST COLUMBIA, TEXAS
(insured State Nonmember Bank—In Receivership)
ORDER OF PROHIBITION FROM FURTHER PARTICIPATION

   Michael A. Decker ("Respondent"), having been served with a NOTICE OF INTENTION TO PROHIBIT FROM FURTHER PARTICIPATION ("NOTICE") issued by the Federal Deposit Insurance Corporation ("FDIC") detailing violations of law, rule, regulation, written condition, final cease-and-desist order or agreement, unsafe or unsound banking practices, and/or breaches of fiduciary duty by reason of which First Capitol Bank, West Columbia, Texas ("Bank") has suffered or will probably suffer financial loss or other damage, and/or that the interests of depositors have been or could be prejudiced and/or that Respondent has received financial gain or other benefit; and which demonstrate that such violations, practices or breaches evidence Respondent's personal dishonesty and/or willful and/or continuing disregard for the safety and soundness of the Bank, and having been advised of his right to a hearing on the charges alleged in the NOTICE under section 8(e) of the Federal Deposit Insurance Act ("Act"), 12 U.S.C. § 1818(e), and Part 308 of the FDIC's Rules of Practice and Procedures, 12 C.F.R. Part 308, and having waived those rights, Respondent entered into a STIPULATION AND CONSENT TO THE ISSUANCE OF AN ORDER OF PROHIBITION FROM FURTHER PARTICIPATION ("CONSENT AGREEMENT") with a representative of the Legal Division of the FDIC, dated November 29, 1990, whereby solely for the purpose of this proceeding and without admitting or denying any violations, any unsafe or unsound banking practices, or any breaches of fiduciary duty, Respondent consented to the issuance of an ORDER OF PROHIBITION FROM FUR- {{11-30-93 p.C-817}}
THER PARTICIPATION ("ORDER") by the FDIC.
   The FDIC considered the matter and determined it had reason to believe that:

       (i) Respondent has engaged or participated in violations of law, rule, regulation, written condition, final cease-and-desist order or agreement, unsafe or unsound banking practices, and/or breaches of his fiduciary duty as an institution-affiliated party of the Bank;
       (ii) By reason of such violations, practices and/or breaches of fiduciary duty, the Bank has suffered or will probably suffer financial loss or other damage, the interests of depositors have been or could be prejudiced, and/or Respondent received financial gain; and
       (iii) Such violations, practices and/or breaches of fiduciary duty involve personal dishonesty on the part of Respondent or demonstrate Respondent's willful and/or continuing disregard for the safety or soundness of the Bank.
   The FDIC further determined that such violations, practices and/or breaches of fiduciary duty demonstrate Respondent's unfitness to serve as a director, an officer, a person participating in the conduct of the affairs or as an institution-affiliated party of the Bank, or any other insured depository institution, any institution treated as an insured bank or as a savings association, any Federally insured credit union, any farm credit bank, any appropriate Federal depository regulatory agency, the Federal Housing Finance Board and any Federal Home Loan Bank or the Resolution Trust Corporation. The FDIC, therefore, accepted the CONSENT AGREEMENT and issued the following:

ORDER OF PROHIBITION FROM FURTHER PARTICIPATION

   [.1] 1. Michael A. Decker is hereby prohibited, without prior written approval of the FDIC and the appropriate Federal banking agency as that term is defined in section 3(q) of the Act, 12 U.S.C. § 1813(q), from serving or acting as a director, officer, or employee of, or participating in any manner in the conduct of the affairs or serving as an institution-affiliated party of the Bank, or any insured bank or savings association, and Federally insured credit union, any farm credit bank, any appropriate Federal depository institution regulatory agency, the Federal Housing Finance Board and any Federal Home Loan Bank or the Resolution Trust Corporation.

   [.2] 2. Michael A. Decker is hereby prohibited from voting for a director, or soliciting, procuring, transferring, attempting to transfer, voting or attempting to vote any proxy, consent, or other authorization with respect to the voting rights in the Bank, or any other institution listed in paragraph 1 of this ORDER, without the prior written approval of the FDIC and the appropriate Federal banking agency as that term is defined in section 3(q) of the Act, 12 U.S.C. § 1813(q).
   3. Michael A. Decker is hereby prohibited from violating any voting agreement previously approved by the appropriate Federal banking agency with regard to any institution listed in paragraph 1 of this ORDER, without the prior written approval of the FDIC and the appropriate Federal banking agency as that term is defined in section 3(q) of the Act, 12 U.S.C. § 1813(q).
   The provisions of this ORDER shall remain effective and enforceable 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 to delegated authority.
   Dated this 14th day of February, 1991.

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