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[¶11,746] In the Matter of Kelly A. Wyckoff, Hartford-Carlisle Savings Bank,
Carlisle, Iowa, Docket No. 00-076e (12-14-00)
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 SuspensionProhibition FromParticipation in
Conduct of Affairs
[.2]Prohibition, Removal or SuspensionProhibition FromVoting Rights,
Exercise of
In the Matter of
KELLY A. WYCKOFF,
individually, and as an institution-affiliated party of
HARTFORD-CARLISLE SAVINGS BANK
CARLISLE, IOWA
(Insured State Nonmember Bank In Receivership)
ORDER OF PROHIBITION FROM FURTHER PARTICIPATION
FDIC-00-076e
Kelly A. Wyckoff ("Respondent") has been advised of
her right to receive a NOTICE OF INTENTION TO PROHIBIT FROM FURTHER
PARTICIPATION ("NOTICE") issued by the Federal Deposit
Insurance Corporation ("FDIC") detailing the unsafe or unsound
banking practices and breaches of fiduciary duty for which an ORDER
OF PROHIBITION FROM FURTHER PARTICIPATION ("ORDER") may issue,
and has been further advised of her right to a hearing on those charges
under section 8(e) of the Federal Deposit Insurance Act ("Act"),
12 U.S.C. §1818(e), and the FDIC Rules of Practice and Procedure, 12
C.F.R. Part 308. Having waived those rights, Respondent entered into a
STIPULATION AND CONSENT 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
this proceeding and without admitting or denying any unsafe or unsound
banking practices or breaches of fiduciary duty, Respondent consented
to the issuance of an ORDER by the FDIC.
The FDIC considered the matter and determined it had reason to believe
that:
(a) Respondent has engaged or participated in unsafe or unsound
banking practices and breaches of her fiduciary duty as an
institution-affiliated party of Hartford-Carlisle Savings Bank,
Carlisle, Iowa ("Bank");
(b) By reason of such practices and breaches of fiduciary duty, the
Bank has suffered damage other than financial loss, the interests of
the Bank's depositors have been prejudiced, and Respondent received
financial gain; and
(c) Such practices and breaches of fiduciary duty involve personal
dishonesty on the part of Respondent and demonstrate Respondent's
willful and continuing disregard for the safety or soundness of the
Bank.
The FDIC further determined that such practices and breaches of
fiduciary duty demonstrate Respondent's unfitness to serve as a
director, officer, person participating in the conduct of the affairs
or as an institution-affiliated party of any insured depository
institution or any other agency or organization enumerated in section
8(e)(7)(A) of the Act, 12 U.S.C. §1818(e)(7)(A).
The FDIC, therefore, accepted the CONSENT AGREEMENT and issued the
following:
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ORDER OF PROHIBITION FROM FURTHER PARTICIPATION
1. Kelly A. Wyckoff 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);
[.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);
(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 approval of the
FDIC 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. This ORDER shall be effective immediately upon 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 by the
FDIC.
Pursuant to delegated authority.
Dated this 14th day of December, 2000.