{{2-28-02 p.C-5308}}
[¶11,879] In the Matter of Robert J. Stratton, Medway Co-Operative Bank, Medway,
Massachusetts, Docket No. 01-083e (12-21-01).
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
ROBERT J. STRATTON
individually, and as an institution-affiliated party of
MEDWAY CO-OPERATIVE
BANK
MEDWAY, MASSACHUSETTS
(Insured State Nonmember Bank)
ORDER OF
PROHIBITION FROM
FURTHER PARTICIPATION
FDIC-01-083e
ROBERT J. STRATTON ("Respondent") has been advised of the
right to receive a NOTICE OF INTENTION TO PROHIBIT FROM FURTHER
PARTICIPATION ("NOTICE") issued by the Federal Deposit Insurance
Corporation ("FDIC") detailing the violations, unsafe or unsound
banking practices, and/or breaches of fiduciary duty for which an ORDER
OF PROHIBITION FROM FURTHER PARTICIPATION ("ORDER") may issue,
and has been further advised of the right to a hearing on the alleged
charges under section 8(e) of the Federal Deposit Insurance Act
("Act"), 12 U.S.C.
{{2-28-02 p.C-5309}}
§1818(e), 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 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 violations, unsafe or unsound banking practices, and/or
any 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) The Respondent has engaged or participated in violations,
unsafe or unsound banking practices, and/or any breaches of fiduciary
duty, as an institution-affiliated party of the MEDWAY CO-OPERATIVE
BANK, MEDWAY, MASSACHUSETTS;
(b) By reason of such violations, unsafe or unsound banking practices,
and/or any breaches of fiduciary duty, the Bank has suffered or will
probably suffer financial loss or other damage, the interests of the
Bank's depositors have been or could be prejudiced, and/or Respondent
received other benefit;
(c) Such violations, unsafe or unsound banking practices, and/or any
breaches of fiduciary duty, involve personal dishonesty on the part of
the Respondent or demonstrate the Respondent's willful and/or
continuing disregard for the safety or soundness of the Bank.
The FDIC further determined that such violations, unsafe or
unsound banking practices, and/or any breaches of fiduciary duty,
demonstrate the Respondent's unfitness to serve as a director,
officer, person participating in the conduct of the affairs or as an
institution-affiliated party of the Bank, any other 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, accepts the CONSENT AGREEMENT and issues the
following:
ORDER OF
PROHIBITION FROM
FURTHER PARTICIPATION
1. ROBERT J. STRATTON is hereby, 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), 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.
2. This ORDER will become effective upon its issuance by the FDIC.
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 21st day of December, 2001.