Federal Deposit
Insurance Corporation

{{7-31-99 p.C-4733}}
   [¶11,618] In the Matter of Alan W. Friesen, Community First State Bank (Formerly The Abbott Bank), Alliance, Nebraska, Docket Nos. 94-167e and 95-187k (5-27-99)

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

   [.1] Prohibition, Removal or Suspension—Prohibition From—Participation in Conduct of Affairs
   [.2] Prohibition, Removal or Suspension—Prohibition From—Voting Rights, Exercise of

In the Matter of
JAMES E. ABBOTT;
RICHARD L. GORDON;
MORRIS R. SHIELDS;
JOHN H. WESTERING;
ALAN W. FRIESEN;
BRUCE A. HOCKING;
GLENN P.OORLOG;
and
RITCH A. BAHE
COMMUNITY FIRST STATE
BANK, (FORMERLY THE
ABBOTT BANK)
ALLIANCE, NEBRASKA
(Insured State Nonmember Bank)
ORDER OF PROHIBITION
FROM FURTHER PARTICIPATION
AGAINST ALAN W.FRIESEN
FDIC-94-167e
FDIC-95-187k

   Alan W. Friesen ("Respondent"), has received a NOTICE OF INTENTION TO PROHIBIT FROM FURTHER PARTICIPATION; NOTICE OF ASSESSMENT OF CIVIL MONEY PENALTIES, FINDINGS OF FACT AND CONCLUSIONS OF LAW, ORDER TO PAY AND NOTICE OF HEARING (collectively "NOTICE"), issued by the Federal Deposit Insurance Corporation ("FDIC") detailing the violations, unsafe or {{7-31-99 p.C-4734}}unsound banking practices, and/or breaches of fiduciary duty for which an ORDER OF PROHIBITION FROM FURTHER PARTICIPATION and an ORDER TO PAY may issue, and has been further advised of the right to a hearing on the alleged charges under sections 8(e) and 8(i) of the Federal Deposit Insurance Act ("Act"), 12 U.S.C. §§1818(e) and 1818(i), and the FDIC's Rules of Practice and Procedure, 12 C.F.R. Part 308. Having waived those rights, the Respondent entered into a STIPULATION AND CONSENT BY ALAN W. FRIESEN 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 resolving this proceeding and without admitting or denying any violations, unsafe or unsound banking practices, and/or any breaches of fiduciary duty, Respondent consented to the issuance of an ORDER OF PROHIBITION ("ORDER") by the FDIC.
   The FDIC considered the matter and determined it had reason to believe that:

   (a) The Respondent has engaged or participated in unsafe or unsound banking practices, and/or breaches of fiduciary duty as an institution-affiliated party of the Bank;
   (b) By reason of such practices and/or breaches of fiduciary duty, the Bank has suffered or will probably suffer financial loss or other damage and/or the interests of the Bank's depositors have been or could be prejudiced; and
   (c) Such practices and/or breaches of fiduciary duty demonstrate the Respondent's willful and/or continuing disregard for the safety or soundness of the Bank.

   1. Alan W. Friesen is hereby, without the prior written approval of the FDIC and the appropriate Federal financial institutions regulatory agency, as the term is defined in section 8(e)(7)(D) of the Act, 12 U.S.C. §1818(e)(7)(D), 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, 21 U.S.C. §1818(e) (7)(A);