{{10-31-92 p.C-2639}}
[¶10,618] In the Matter of George Sam Caporal, American Bank of Commerce, Oklahoma City, Oklahoma, Docket No. FDIC-91-264e (8-17-92).
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
GEORGE SAM CAPORAL, Individually and an
institution-affiliated party of
AMERICAN BANK OF COMMERCE
OKLAHOMA CITY, OKLAHOMA
(Insured State Nonmember Bank)
ORDER OF PROHIBITION FROM
FURTHER PARTICIPATION
FDIC-91-264e
George Sam Caporal ("Respondent"), having received a NOTICE OF INTEN-
{{10-31-92 p.C-2640}}TION TO PROHIBIT FROM FURTHER PARTICIPATION ("NOTICE") issued by the Federal Deposit Insurance Corporation ("FDIC") detailing the violations of law or regulation, unsafe or unsound banking practices, and/or breaches of fiduciary duty by reason of which the American Bank of Commerce, Oklahoma City, Oklahoma ("Bank"), has suffered financial loss or other damage and/or the interests of deposits have been or could be prejudiced and/or Respondent has received financial gain or other benefit; and which demonstrate that such violations, practices, and/or breaches demonstrated Respondent's willful or continuing disregard for the safety and soundness of the Bank for which an ORDER OF PROHIBITION FROM FURTHER PARTICIPATION ("ORDER") may issue, and having been further advised of his right to a hearing on the charges 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 Procedure, 12 C.F.R. Part 308, and having waived those rights, the 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, whereby solely for the purpose of this proceeding and without admitting or denying any violations of law or regulation, any unsafe or unsound banking practices, and/or any breaches of fiduciary duty, Respondent consented the matter and determined it had reason to believe that:
(a) The Respondent has engaged or participated in violations of law or regulation, unsafe or unsound banking practices, and/or breached his fiduciary duty as an institution-affiliated party of the Bank;
(b) By reason of such violations, practices, and/or breaches of fiduciary duty, the Bank has suffered financial loss or other damage, the interests of the Bank's depositors have been or could be prejudiced, and/or Respondent received financial gain; and
(c) Such violations, practices, and/or breaches of fiduciary duty demonstrated Respondent's willful or continuing disregard for the safety or soundness of the Bank.
The FDIC further determined that such violations, practices, and/or breaches evidence Respondent's unfitness to serve as an officer, director, employee, or institution-affiliated party, or person participating in any manner in the conduct of the affairs or as an institution-affiliated party of the Bank, or any other insured depository institution, agency, or organization enumerated in section 8(e)(7)(A) of the Act, 12 U.S.C. § 1818(e)(7)(A).
The FDIC, therefore, accepted the CONSENT AGREEMENT and issued the following:
ORDER OF PROHIBITION FROM
FURTHER PARTICIPATION
[.1] 1. GEORGE SAM CAPORAL is hereby, 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), prohibited from:
(a) participating in any manner in the conduct of the affairs of any financial institution or organization enumerated in section 8(e)(7)(A) of the Act, 12 U.S.C. § 1818(e)(7)(A);
[.2] (b) soliciting, procuring, transferring, attempting to transfer, voting, or attempting to vote any proxy, consent or authorization with respect to any voting rights in any financial institution enumerated in section 8(e)(7)(A) of the Act, 12 U.S.C. § 1818(e)(7)(A);
(c) violating any voting agreement previously approved by the appropriate Federal banking agency; or
(d) voting for a director, or serving or acting as an institution-affiliated party.
2. This ORDER will become effective ten days after its issuance. The provisions of this ORDER will 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.
Dated this 17th day of August, 1992.
Pursuant to delegated authority.
