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   [11,900] In the Matter of Melissa A. Decker, Bank of Kirksville, Kirksville, Missouri, Docket No. 01-094e (3-6-02)

   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.
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   [.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
MELISSA A. DECKER,
Individually and as aninstitution-affiliated party of
BANK OF KIRKSVILLE,
KIRKSVILLE, MISSOURI
(Insured State Non-member Bank)
ORDER OF PROHIBITION FROM FURTHER PARTICIPATION

FDIC-01-094e

   Melissa A. Decker ("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 violations of law, 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"), whereby solely for the purpose of this proceeding and without admitting or denying any violations of law, unsafe or unsound banking practices, or breaches of fiduciary duty, Respondent consented to the issuance of an ORDER by the FDIC.

   Upon due consideration, the FDIC determined it had reason to believe that:

       (a) Respondent has engaged or participated in violations of law and regulations, unsafe or unsound banking practices, and breaches of fiduciary duty, as an institution-affiliated party of Bank of Kirksville, Kirksville, Missouri ("Insured Institution");

       (b) By reason of such violations, practices, and breaches of fiduciary duty, the Insured Institution has suffered financial loss and other damage;

       (c) By reason of such violations, practices, and breaches of fiduciary duty, the interests of the Insured Institution's depositors have been prejudiced;

       (d) By reason of such violations, practices, and breaches of fiduciary duty, Respondent has received financial gain; and

       (e) Such violations, practices, and breaches of fiduciary duty involve personal dishonesty on the part of Respondent.

   The FDIC further determined that such violations, 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:

ORDER OF PROHIBITION FROM FURTHER PARTICIPATION

   1. Melissa A. Decker is prohibited from:

   [.1]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]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.
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   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 at Washington, D.C., this 6th day of March, 2002.

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Last Updated 10/3/2004 legal@fdic.gov