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[¶11,905] In the Matter of Tammy Kash, First Security State Bank, Cranfills Gap,
Texas, Docket Nos. 01-086e and 01-133k (03-29-02).
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.
[.1] Prohibition, Removal or SuspensionProhibition FromParticipation in
Conduct of Affairs
[.2] Prohibition, Removal or SuspensionProhibition FromVoting Rights,
Exercise of
[.3] Civil Money PenaltyIndemnification Prohibited
In the Matter of
TAMMY KASH,
individually,and as an institution-affiliated party of
FIRST SECURITY STATE BANK
CRANFILLS GAP, TEXAS
(Insured State Nonmember Bank)
ORDER OF PROHIBITION FROM FURTHER PARTICIPATION AND CIVIL MONEY PENALTY
FDIC-01-086e
FDIC-01-133k
Tammy Kash ("Respondent") has been advised of the right to
receive a NOTICE OF INTENTION TO PROHIBIT FROM
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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 AND CIVIL MONEY PENALTY
("ORDER") may issue, and has been further advised of the right to
a hearing on the alleged charges under 12 U.S.C. §1818(e) and 12
U.S.C. §1818(i) of the Federal Deposit Insurance Act ("Act"),
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 AND 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, 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 alleged
violations, unsafe or unsound banking practices, and/or breaches of
fiduciary duty as an institution-affiliated party of the First Security
State Bank, Cranfills Gap, Texas ("Bank");
(b) By reason of such alleged violations, practices and/or breaches of
fiduciary duty, the Bank has suffered financial loss or other damage,
the interests of the Bank's depositors have been prejudiced and
Respondent received financial gain; and
(c) such alleged violations, practices and/or breaches of fiduciary on
the part of the Respondent demonstrate the Respondent's willful and/or
continuing disregard for the safety or soundness of the Bank.
The FDIC further determined that such alleged violations,
practices and/or 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 12
U.S.C. §1818(e)(7)(A). Furthermore, the FDIC, after taking into
account the CONSENT AGREEMENT, the appropriateness of the penalty with
respect to the financial resources and good faith of the Respondent,
the gravity of the alleged violations by Respondent, the history of
previous violations by Respondent, and such other matters as justice
may require, the FDIC accepted the CONSENT AGREEMENT and issued the
following:
ORDER OF PROHIBITIONFROM FURTHER PARTICIPATIONAND CIVIL MONEY PENALTY
1. Tammy Kash is hereby, without the prior written approval of the
FDIC and the appropriate Federal financial institutions regulatory
agency, as that term is defined in 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 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
12 U.S.C. §1818(e)(7)(A);
(c) violating any voting agreement previously approved by the
appropriate Federal banking agency;
(d) voting for a director, or serving or acting as an
institution-affiliated party;
[.3](e) Assessed a penalty of $1,000.00, payable in certified funds to the
Treasury of the United States; and
(f) Respondent is further prohibited from seeking or accepting
indemnification from any insured depository institution for the civil
money penalty assessed and paid in this matter.
2. This ORDER will become effective ten (10) days after its
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 29th day of March, 2002.