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   [11,657] In the Matter of Florida Community Bank, Immokalee, Florida, Docket No. 99-052k (9-28-99)

   Respondent agrees to pay civil money penalty assessed by the FDIC in the amount of $4,000.

In the Matter of

FLORIDA COMMUNITY BANK
IMMOKALEE, FLORIDA
(Insured State Nonmember Bank)
ORDER TO PAY
FDIC-99-052k

   Florida Community Bank, Immokalee, Florida ("Respondent"), has been advised of the right to receive a NOTICE OF ASSESSMENT OF CIVIL MONEY PENALTY, FINDINGS OF FACT AND CONCLUSIONS OF LAW, ORDER TO PAY, AND NOTICE OF HEARING ("NOTICE OF ASSESSMENT") issued by the Federal Deposit Insurance Corporation ("FDIC") detailing the violations of law and regulations for which a civil money penalty may be assessed against the Respondent pursuant to section 8(i)(2) of the Federal Deposit Insurance Act ("Act"), 12 U.S.C. § 1818(i)(2), section 305 of the Home Mortgage Disclosure Act ("HMDA"), 12 U.S.C. § 2804, and section 203.6 of Regulation C of the Board of Governors of the Federal Reserve System, 12 C.F.R. § 203.6, and has been further advised of the right to a hearing on the alleged charges under section 8(i) of the Act, 12 U.S.C. § 1818(i), and the FDIC Rules of Practice and Procedure, 12 C.F.R. Part 308. Having waived those rights, the Respondent entered into a STIPULATION AND CONSENT TO THE ISSUANCE OF AN ORDER TO PAY CIVIL MONEY PENALTY ("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 regulations, Respondent has agreed to pay a civil money penalty of four thousand dollars ($4,000.00), related to its inaccurate submission of the application and loan data for calendar year 1997 required by HMDA.
   The FDIC considered the matter and determined it had reason to believe that the Respondent has engaged in violations of law and regulations for which a civil money penalty of four thousand dollars ($4,000.00) is appropriate to be assessed against the Respondent pursuant to section 8(i)(2) of the Act, 12 U.S.C. § 1818(i)(2).
   The FDIC, therefore, accepted the CONSENT AGREEMENT and issued the following ORDER TO PAY:
   IT IS HEREBY ORDERED that Respondent be, and hereby is, assessed a civil money penalty of four thousand dollars ($4,000.00).
   IT IS FURTHER ORDERED that the Respondent fully pay the civil money penalty of four thousand dollars ($4,000.00) in the form of a cashier's check, payable to the Treasurer of the United States.
   Pursuant to delegated authority.
   Dated at Washington, D.C., this 28th day of September, 1999.

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