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FDIC Enforcement Decisions and Orders

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   [11,302] In the Matter of Benny Dominguez, First Commerce Bank, Corpus Christi, Texas, Docket No. FDIC-96-050g (6-24-96)

   Respondent prohibited from participating in the conduct of the affairs of First Commerce Bank, Corpus Christi, Texas, or any insured depository institution, any institution treated as an insured bank, any insured credit union under the Federal Credit Union Act, any institution chartered under the Farm Credit Act of 1971, or any appropriate federal depository institution regulatory agency.

In the Matter of
BENNY DOMINGUEZ, individually,
and as an institution-affiliated party of
FIRST COMMERCE BANK
CORPUS CHRISTI,TEXAS
(INSURED STATE NONMEMBER
BANK)
ORDER OF PROHIBITION
FROM FURTHER PARTICIPATION,
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
AND NOTICE OF HEARING

FDIC-96-050g

   The Federal Deposit Insurance Corporation ("FDIC") has determined that Benny Dominguez ("Respondent"), an institution-affiliated party of First Commerce Bank, Corpus Christi, Texas ("Bank"), has been convicted of a criminal violation of 18 U.S.C. § 1956, and that section 8(g)(C)(ii) of the Federal Deposit Insurance Act ("Act"), 12 U.S.C. § 1818(g)(1)(C)(ii), requires the FDIC, as the appropriate Federal banking agency for the Bank, to issue and serve upon the Respondent an order prohibiting the Respondent from further participation in any manner in the conduct of the affairs of the Bank without the prior written consent of the FDIC. Wherefore, the FDIC hereby issues this ORDER OF PROHIBITION FROM FURTHER PARTICIPATION, FINDINGS OF FACT AND CONCLUSION OF LAW, AND NOTICE OF HEARING ("ORDER"), pursuant to the provisions of sections 8(g)(1) and (g)(3) of the Act, 12 U.S.C. §§ 1818(g)(1) and (g)(3). In support thereof, the FDIC finds and concludes as follows:

FINDINGS OF FACT AND CONCLUSIONS OF LAW

   1. The Bank is a corporation existing and doing business under the laws of the State of Texas, having its principal place of business at Corpus Christi, Texas. The Bank is and was, at all times pertinent to this proceeding, an insured State nonmember bank subject to the Act, 12 U.S.C. §§ 1811–1831u, the Rules and Regulations of the FDIC, 12 C.F.R. Chapter III, and the laws of the State of Texas.
   2. Respondent was, at all times pertinent to this proceeding, a vice president and an institution-affiliated party of the Bank.
   3. The FDIC has jurisdiction over the Bank, the Respondent, and the subject matter of this proceeding.
   4. On January 12, 1996, a Judgment in a Criminal Case was entered against the Respondent by the United States District Court, Southern District of Texas, Corpus Christi, Texas, Case Number 2:95CR00145-005, regarding a criminal violation of 18 U.S.C. § 1956.
   5. By virtue of the facts stated above, the FDIC concludes that an ORDER must issue pursuant to section 8(g)(1)(ii) of the Act, 12 U.S.C. § 1818(g)(1)(C)(ii), prohibiting Respondent from further participation in the conduct of the affairs of the Bank, and any other insured depository institution, agency or organization enumerated in section 8(e)(7) of the Act, 12 U.S.C. § 1818(e)(7), without the prior written consent of the FDIC and any other appropriate Federal financial institutions regulatory agency.

PROHIBITION ORDER

   Based upon the above findings, it is ORDERED, that Benny Dominguez be, and hereby is, without the prior written consent of the FDIC and any other 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 further participation in any manner in the conduct of the affairs of the Bank, and may not continue or commence to hold office in, or participate in any manner in, the conduct of the affairs of:

       (a) any insured depository institution;
       (b) any institution treated as an insured bank;
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       (c) any insured credit union under the Federal Credit Union Act;
       (d) any institution chartered under the Farm Credit Act of 1971; and
       (e) any appropriate Federal depository institution regulatory agency;
   as provided in section 8(e)(7)(A) of the Act, 12 U.S.C. § 1818(e)(7)(A).
   FURTHER ORDERED, that within thirty (30) days after the date of receipt of the ORDER, the Respondent may request in writing an opportunity to appear before the FDIC, pursuant to section 8(g)(3) of the Act, 12 U.S.C. § 1818(g)(3). If the Respondent fails to file a request for a hearing, this ORDER shall be final and unreviewable.
NOTICE OF HEARING

   FURTHER ORDERED, that if the Respondent requests a hearing, the FDIC will fix a time and place for a hearing not later than 30 days from receipt of the request. At any hearing, the Respondent may appear, personally or through counsel, to submit written materials and oral argument. Oral testimony may be taken at the discretion of the FDIC, as provided in section 8(g)(3) of the Act, 12 U.S.C. § 1818(g)(3).
   An original and one copy of all papers filed in this proceeding shall be served upon the FDIC's Office of the Executive Secretary, 550 17th Street, N.W., Washington, D.C. 20429. Also, copies of all papers filed in this proceeding shall be served upon Arthur L. Beamon, Associate General Counsel, Compliance and Enforcement, 550 17th Street (H-5018), N.W., Washington, D.C. 20429, and upon Judith K. Sinclair, Regional Counsel (Supervision), Federal Deposit Insurance Corporation, 1910 Pacific Avenue, Suite 1200, Dallas, Texas 75201.
   This ORDER shall become effective on the date of service thereof.
   The provisions of the 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 at Washington, D.C., this 24th day of June, 1996.

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