Each depositor insured to at least $250,000 per insured bank



Home > Regulation & Examinations > Bank Examinations > FDIC Enforcement Decisions and Orders




FDIC Enforcement Decisions and Orders

ED&O Home | Search Form | Text Search | ED&O Help


{{10-31-00 p.C-4248.3}}
   [11,333] In the Matter of Ronald L. Ireland, Midland Bank of Kansas, Mission, Kansas, Midland Bank, Lee's Summit, Mo., and College Boulevard National Bank, Overland Park, Kansas, Docket Nos. FDIC-96-011e and FDIC-96-012b (8-21-96)

   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
RONALD L. IRELAND,
individually, and as an
institution-affiliated party of
MIDLAND BANK OF KANSAS (f/k/a
The Tower State Bank)

MISSION,KANSAS
(Insured State Nonmember Bank - In Receivership)
MIDLAND BANK
LEE'S SUMMIT,MISSOURI
(Insured State Nonmember Bank)
and
COLLEGE BOULEVARD
NATIONAL BANK
(f/k/a Midland
Bank of Overland Park, N.A.)
OVERLAND PARK,KANSAS
(Insured National Member Bank - In Receivership)
ORDER OF PROHIBITION FROM
FURTHER PARTICIPATION AND
FOR OTHER AFFIRMATIVE RELIEF

FDIC-96-011e
FDIC-96-012b

   Ronald L. Ireland ("RESPONDENT"), having been advised of his right to receive a NOTICE OF INTENTION TO PROHIBIT FROM FURTHER PARTICIPATION AND NOTICE OF CHARGES FOR AN ORDER FOR OTHER AFFIRMATIVE RELIEF AND NOTICE OF HEARING ("NOTICE") detailing the violations of law and regulations and unsafe or unsound practices for which an ORDER OF PROHIBITION FROM FURTHER PARTICIPATION AND FOR OTHER AFFIRMATIVE RELIEF ("ORDER") may issue, and of his right to a hearing on such charges under sections 8(b) and 8(e) of the Federal Deposit Insurance Act ("Act"), 12 U.S.C. §§ 1818(b) and 1818(e), and having waived those rights, entered into a STIPULATION AND CONSENT TO THE ISSUANCE OF AN ORDER OF PROHIBITION FROM FURTHER PARTICIPATION AND FOR OTHER AFFIRMATIVE RELIEF ("CONSENT AGREEMENT") with the authorized representatives of the Federal Deposit Insurance Corporation ("FDIC") and the Office of the Comptroller of the Currency ("OCC") {{10-31-00 p.C-4248.4}}(collectively, the "FEDERAL BANKING AGENCIES"), whereby solely for the purpose of this proceeding and without admitting or denying any violations of law or regulations or unsafe or unsound practices, RESPONDENT consented to the issuance of this ORDER by the FEDERAL BANKING AGENCIES. The FEDERAL BANKING AGENCIES, therefore, accepted the CONSENT AGREEMENT and issued the following:

ORDER OF PROHIBITION FROM
FURTHER PARTICIPATION AND FOR
OTHER AFFIRMATIVE RELIEF

   NOW, THEREFORE, IT IS ORDERED that:
   1. Ronald L. Ireland is hereby prohibited from:

   [.1] (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);1

   [.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);2
   (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;
without the prior written consent of the FEDERAL BANKING AGENCIES 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).
   2. RESPONDENT is further prohibited from directly or indirectly engaging in any appraisal practice, preparing or participating in the preparation of any appraisal report, accepting any appraisal assignment, or performing any other appraisal services with respect to real estate, real property, or personal property for, or on behalf of, any financial institution or organization enumerated in section 8(e)(7)(A) of the Act, 12 U.S.C. § 1818(e)(7)(A),3 without the prior written consent of the FEDERAL BANKING AGENCIES 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).
   3. If RESPONDENT is affiliated with another appraiser on the effective date of this ORDER, or begins such affiliation after such effective date, RESPONDENT shall forthwith provide a copy of this ORDER to any such affiliated appraiser and provide the Regional Director of the FDIC's Kansas City Regional Office, the Federal Reserve Bank of Kansas City, and the District Deputy Comptroller of the Currency for the district where such affiliated appraiser is located, with written evidence of compliance with this provision.
   4. RESPONDENT shall promptly provide any documents or other evidence reasonably requested by any of the FEDERAL BANKING AGENCIES to demonstrate compliance with the provisions of this ORDER.
   5. For purposes of this ORDER, the following definitions apply:

       (a) "appraisal" means the act or process of estimating value; an estimate of value;
       (b) "appraisal practice" means the work performed by appraisers, including appraisal, review, and consulting;
       (c) "report" means any communication, written or oral, of an appraisal, review, or analysis;
       (d) "review" means the act or process of critically studying an appraisal report prepared by another;
       (e) "consulting" means the act or process of providing information, analysis of real estate data, and recommendations or conclusions on diversified problems in real estate, other than estimating value;
       (f) "real estate" meansan identified parcel or tract of land, including improvements, if any;
       (g) "real property" means the interest, benefits, and rights inherent in the ownership of real estate;
       (h) "personal property" means identifiable portable and tangible objects which are considered by the general public as

    1 Subsection (b)(8), as referenced in section 8(e)(7)(A)(ii), 12 U.S.C. § 1818(e)(7)(A)(ii), has been redesignated as subsection (b)(9).

    2 See footnote 1.

    3 See footnote 2.
    {{10-31-00 p.C-4248.5}}being "personal," e.g., furnishings, artwork, antiques, gems and jewelry, collectibles, machinery and equipment; all property that is not classified as real estate;
       (i) "appraisal assignment" means a person's employment or retention to act (or which would be perceived by third parties or the public as acting) as a disinterested third party to render an estimate of or opinion on the nature, quality, value, or utility of specified interests in or aspects of identified real estate;
       (j) "appraisal services" means services that are not encompassed within the definition of "appraisal assignment" but which relate in any way to the performance of, or consultation concerning, investment analyses, valuation reports, highest and best use studies, specialized marketing reports studies, or market demand and economic feasibility studies; as well as any analyses, opinions and/or conclusions given in connection with real estate brokerage, mortgage banking, real estate counseling, or real estate tax counseling.
   6. All technical words or terms used in this ORDER, for which meanings are not specified or otherwise provided for by the provisions of this ORDER, shall, insofar as applicable, have meanings as defined in Chapters 1, 2, 3, or 5 of Title 12 of the Code of Federal Regulations or the Act, as such definitions may be amended after the execution of this ORDER, and any such technical words or terms used in this ORDER and undefined in said Code of Federal Regulations or the Act shall have meanings that accord with their best custom and usage in the banking industry.
   7. The CONSENT AGREEMENT is made a part hereof and incorporated herein by reference.
   This ORDER shall become effective ten days from the date of 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 in writing by the FEDERAL BANKING AGENCIES.
   By ORDER of the Federal Deposit Insurance Corporation pursuant to delegated authority this 21st day of August, 1996.

ED&O Home | Search Form | Text Search | ED&O Help

Last Updated 6/6/2003 legal@fdic.gov