{{8-31-02 p.C-5478}}
[¶11,936] In the Matter of Farmers & Merchants Bank, Milford, Nebraska, Docket
No. 01-153k (5-30-02).
Respondent agrees to pay civil money penalty assessed by the FDIC in
the amount of $4,000.
In the Matter of
FARMERS & MERCHANTS BANK,
MILFORD, NEBRASKA
(Insured State Nonmember Bank)
ORDER TO PAY CIVIL MONEY PENALTY
FDIC-01-153k
Farmers & Merchants Bank, Milford, Nebraska, ("Respondent")
has been advised of its 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 for which a civil money penalty may be assessed against
Respondent pursuant to section 8(i) 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 the Regulation C of the Board of Governors of the Federal
Reserve System, 12 C.F.R. §203.6, and has been further advised of
its right to a hearing on the charges pursuant to section 8(i)(2)(H) of
the Act, 12 U.S.C. §1818(i)(2)(H), 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 TO PAY CIVIL MONEY PENALTY
("CONSENT AGREEMENT") with a representative of the Legal Division
of the FDIC, whereby Respondent, solely for the purpose of this
proceeding and without admitting or denying any violations of law
and/or regulations for which civil money penalties may be assessed,
consented to the issuance of an ORDER TO PAY CIVIL MONEY PENALTY
("ORDER") by the FDIC and agreed to pay a civil money penalty in
the amount of Four Thousand Dollars ($4,000.00) to the Treasury of the
United States ("Treasury").
The FDIC considered the matter and determined it had reason to believe
that the Respondent has engaged or participated in violations of law or
regulation for which a civil money penalty of Four Thousand Dollars
($4,000.00) is appropriate to be assessed against the Respondent.
The FDIC, therefore, accepts the CONSENT AGREEMENT and issues the
following:
ORDER TO PAY CIVIL MONEY PENALTY
IT IS HEREBY ORDERED that Respondent be, and hereby is, assessed a
civil money penalty in the amount of Four Thousand Dollars ($4,000.00)
pursuant to section 8(i)(2) of the Act, 12 U.S.C. §1818(i)(2), the
receipt of which is hereby acknowledged.
Pursuant to delegated authority.
Dated at Washington, D.C., this 30th day of May, 2002.