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FDIC Enforcement Decisions and Orders

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   [10,595] In the Matter of Jon Gray Noll, Illini Bank, Springfield, Illinois, Docket No. FDIC-92-83e (7-15-92).

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

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

In the Matter of
JON GRAY NOLL,
individually, and as an officer
and participant in the conduct of
the affairs, and as an
institution-affiliated party of
ILLINI BANK
(formerly ILLINI BANK OF
SANGAMON COUNTY)

SPRINGFIELD, ILLINOIS
(Insured State Nonmember Bank)
ORDER OF
PROHIBITION FROM FURTHER
PARTICIPATION

FDIC-92-83e

   Jon Gray Noll ("Respondent"), having been advised of his right to a NOTICE OF INTENTION TO PROHIBIT FROM FURTHER PARTICIPATION ("NOTICE") issued by the Federal Deposit Insurance Corporation ("FDIC") properly alleging the statutory grounds under section 8(e) of the Federal Deposit Insurance Act ("Act"), 12 U.S.C. § 1818(e), and having been further advised of his right to a hearing on said allegations under section 8(e) of the Act, 12 U.S.C. § 1818(e), and Part 308 of the FDIC Rules of Practice and Procedure, 56 Fed. Reg. 37,968 (1991) (to be codified at 12 C.F.R. Part 308), and having knowingly 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 January 2, 1992, whereby, solely for the purpose of this proceeding and without admitting or denying any allegations, 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 had reason to believe it could properly issue a NOTICE against the Respondent alleging the statutory factors under section 8(e) of the Act, 12 U.S.C. § 1818(e), and it could properly issue an ORDER under section 8(e) of the Act, 12 U.S.C. § 1818(e), prohibiting the Respondent from participating in the conduct of the affairs of the Bank or any other depository institution or agency or organization enumerated in section 8(e)(7)(A) of the Act, 12 U.S.C. § 1818(e)(7)(A) (1989). 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 section 8(e)(7)(A) of the Act, 12 U.S.C. § 1818(e) (7)(A) (1989), without the prior written consent 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) (1989).
   [.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 section 8(e)(7)(A) of the Act, 12 U.S.C. § 1818(e) (7)(A) (1989), without the prior written consent of the FDIC and the appropriate Federal financial institutions regulatory agency, as that term is defined in section 7(e)(D) of the Act, 12 U.S.C. § 1818(e)(7)(D) (1989).
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   3. IT IS FURTHER ORDERED, that the Respondent shall not violate any voting agreement with respect to any insured depository institution, agency, or organization enumerated in section 8(e)(7)(A) of the Act, 12 U.S.C. § 1818(e)(7)(A) (1989), previously approved by 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) (1989).
   4. 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 section 3(u) of the Act, 12 U.S.C. § 1813(u) (1989), of the Bank or any insured depository institution, agency or organization enumerated in section 8(e)(7)(A) of the Act, 12 U.S.C. § 1818(e)(7)(A) (1989), without the prior written consent 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) (1989).
   5. FURTHER ORDERED, that any attorney or other fees incurred by the Respondent as a result of this action shall not be paid, directly or indirectly, by the Bank.
   This ORDER shall be effective upon issuance by the FDIC. The provisions of this ORDER shall remain effective and enforceable until December 31, 1996, at which time this ORDER shall terminate, except to the extent that prior to December 31, 1996, this ORDER shall have been modified, terminated, suspended, or set aside by the FDIC.
   Dated at Washington, D.C., this 15th day of July, 1992.
   Pursuant to delegated authority.

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