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[¶11,034] In the Matter of Larry W. Coffey, Lloyd R. Kitrell, W.G. Pauley Jr., Paul H. Powers, Jon F. Rose, and H. Lewis Zinnecker, Hastings State Bank, Hastings, Nebraska, Docket No. FDIC-94-103k (9-12-94).
Respondents agree to pay amended civil money penalties.
In the Matter of
LARRY W. COFFEY, LLOYD R.
KITRELL,
W.G. PAULEY, JR., PAUL H.
POWERS,
JON F. ROSE, and H. LEWIS
ZINNECKER,
individually, and as institution-affiliated
parties of
HASTINGS STATE BANK
HASTINGS, NEBRASKA
(Insured State Nonmember Bank)
ORDER TO PAY
FDIC-94-103k
Larry W. Coffey, Lloyd R. Kitrell, W.G. Pauley, Jr., Paul H. Powers, Jon F. Rose, and H. Lewis Zinnecker ("Respondents") individually, and a representative of the Legal Division of the Federal Deposit Insurance Corporation ("FDIC") executed a Stipulation and Consent to the Issuance of an Order to Pay ("CONSENT AGREEMENT") whereby each Respondent, solely for the purpose of this proceeding and without admitting or denying any violations of law or regulation for which civil money penalties may be assessed, consented and agreed to pay a civil money penalty in the amount specified below to the Treasury of the United States.
After taking into account each CONSENT AGREEMENT, the appropriateness of the penalty with respect to the financial resources and good faith of each Respondent, the gravity of the violations by each Respondent, the history of the previous violations by each Respondent, and such other matters as justice requires, the FDIC accepts the CONSENT AGREEMENT and issues the following:
ORDER TO PAY
IT IS HEREBY ORDERED that Respondent Larry W. Coffey is assessed and shall pay a civil money penalty in the amount of $1,000; that Respondent Lloyd R. Kitrell is assessed and shall pay a civil money penalty in the amount of $1,000; that Respondent W.G. Pauley, Jr., is assessed and shall pay a civil money penalty in the amount of $5,000; that Respondent Paul H. Powers is assessed and shall pay a civil money penalty in the amount of $1,000; that Respondent Jon F. Rose is assessed and shall pay a civil money penalty in the amount of $1,000; and that Respondent H. Lewis Zinnecker is assessed and shall pay a civil money penalty in the amount of $1,000 to the Treasury of the United States within ten days of the effective date hereof.
IT IS FURTHER ORDERED that the Respondents are prohibited from seeking or accepting indemnification from any insured depository institution (i) for the civil money penalties assessed and paid in this matter, or (ii) for any expenses, including attorneys'
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fees and disbursements, incurred by any of them in connection with this matter.
This ORDER TO PAY shall be effective upon issuance.
Dated at Washington, D.C., this 12th day of September, 1994.
Pursuant to delegated authority.
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