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FDIC Enforcement Decisions and Orders

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   [10,201] In the Matter of Tom M. Lucas, Docket No. FDIC-90-87e (3-20-91).

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

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

In the Matter of
TOM M. LUCAS, individually
and as an officer, director,
and/or person participating in
the conduct of the affairs of
BANK OF THE NORTHWEST
WOODWARD, OKLAHOMA
(Insured State Nonmember Bank
In Receivership)
ORDER OF PROHIBITION FROM
FURTHER PARTICIPATION

   Tom M. Lucas ("Respondent"), having received a NOTICE OF INTENTION TO PROHIBIT FROM FURTHER PARTICIPATION ("NOTICE") issued by the Federal Deposit Insurance Corporation ("FDIC") on June 12, 1990, detailing the unsafe or unsound practices and/or breaches of fiduciary duties alleged to have been committed by Respondent, individually and in his capacity as an officer, director, and/or person participating in the conduct of the affairs of Bank of the Northwest, Woodward, Oklahoma ("Bank"), which, in the opinion of the FDIC, resulted in substantial financial loss or other damage to the Bank, and which, in the opinion of the FDIC, demonstrated a willful or continuing disregard by Respondent for the safety or soundness of the Bank and further evidenced Respondent's unfitness to participate in the conduct of the affairs of the Bank, or any other insured depository institution, or any other agency or organization enumerated in section 8(e)(7) of the Federal Deposit Insurance Act, 12 U.S.C. § 1818 (e)(7), and having been advised of his right to a hearing on the alleged charges pursuant to section 8(e) of the Federal Deposit Insurance Act ("Act"), 12 U.S.C. § 1818(e), and having waived those rights, 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 September 19, 1990, whereby solely for the purpose of this proceeding and without admitting or denying any of the alleged unsafe or unsound practices and/or breaches of fiduciary duties, Respondent consented to the issuance of an ORDER OF PROHIBITION FROM FURTHER PARTICIPATION ("ORDER") by the FDIC.
   The FDIC considered the matter and determined that it has reason to believe that the Respondent engaged in unsafe or unsound practices and/or breaches of fiduciary duties in his capacity as an officer, director, and/or person participating in the conduct of the affairs of the Bank, which have resulted in substantial financial loss or other damage to the Bank, and which demonstrated a willful or continuing disregard by Respondent for the safety or soundness of the Bank and further evidenced Respondent's unfitness to participate in the conduct of the affairs of the Bank, or any other insured depository institution. The FDIC, therefore, accepted the CONSENT AGREEMENT and issued following:

ORDER OF PROHIBITION FROM
FURTHER PARTICIPATION

   [.1] 1. Tom M. Lucas is hereby prohibited from serving or acting as an institution-affiliated party of Bank of the Northwest, Woodward, Oklahoma, without the prior written approval of the FDIC.
   2. Tom M. Lucas is hereby prohibited from serving or acting as an institution-affiliated party and/or from participating in any manner in the conduct of the affairs of any of the institutions or agencies, listed herein, without the prior written consent of the FDIC and of the appropriate Federal financial institutions regulatory agency pursuant to the provisions of section 8(e)(7) of the Act, 12 U.S.C. § 1818(e)(7):

       (i) Any insured depository institution;
       (ii) Any institution treated as an insured bank under sections 8(b)(3) or {{1-31-95 p.C-894}}(b)(4) of the Act, 12 U.S.C. § 1818 (b)(3) or (b)(4), including: (1) any bank holding company, (2) any subsidiary of a bank holding company, (3) any foreign bank that maintains a branch or agency in a State, (4) any foreign bank or foreign company controlling a foreign bank that controls a commercial lending company organized under State law, and any company of which any foreign bank or company referred to in (3) and (4), above, is a subsidiary, or as a savings association under section (8)(b)(8) of the Act, 12 U.S.C. § 1818(b)(8), including any savings and loan holding company, any subsidiary of a savings and loan holding company, any service corporation of a savings association, and any subsidiary of any service corporation of a savings association;
       (iii) Any insured credit union under the Federal Credit Union Act; 12 U.S.C. § 1781 et seq.
       (iv) Any institution chartered under the Farm Credit Act of 1971; 12 U.S.C. § 2001 et seq.
       (v) Any appropriate Federal depository institution regulatory agency;
       (vi) The Federal Housing Finance Board and any Federal home loan bank; and
       (vii) The Resolution Trust Corporation.

   [.2] 3. Tom M. Lucas is hereby prohibited from voting for a director, or soliciting, procuring, transferring, attempting to transfer, voting or attempting to vote any proxy, consent, or authorization with respect to the voting rights in Bank of the Northwest, Woodward, Oklahoma, or any other institution listed in paragraph 2 of this ORDER, without the prior written approval of the FDIC and the appropriate Federal financial institutions regulatory agency as that term is defined in section 8(e)(7)(D) of the Act, 12 U.S.C. § 1818(e)(7)(D).
   4. Tom M. Lucas is hereby prohibited from violating any voting agreement previously approved by the appropriate Federal banking agency with regard to any institution listed in paragraphs 1 of 2 of this ORDER, without the prior written approval of the FDIC and the appropriate Federal financial institutions regulatory agency as that term is defined in section 8(e)(7)(D) of the Act, 12 U.S.C. § 1818(e)(7)(D).
   This ORDER shall become effective upon service on Respondent by FDIC.
   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, stayed, or set aside by the FDIC.
   Pursuant to delegated authority.
   Dated at Washington, D.C. this 20th day of March, 1991.

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