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[¶12,023] In the Matter of James Douglas Kimbrough, individually and as an
Institution-affiliated party of Arkansas Valley State Bank, Broken
Arrow, Oklahoma, Docket Nos. 02-052e, 02-141k (2-19-03).
Respondents 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. Respondents also agree to pay civil
money penalty assessed by the FDIC in the amount of $25,000.
[.1] Prohibition, Removal, or SuspensionProhibition FromParticipation in
Conduct of Affairs
In the Matter of
JAMES DOUGLAS KIMBROUGH
individually, and as an institution-affiliated party of
ARKANSAS VALLEY STATE BANK,
BROKEN ARROW, OKLAHOMA
(Insured State Nonmember Bank)
ORDER OF PROHIBITION FROM FURTHER PARTICIPATION AND ORDER TO PAY CIVIL MONEY PENALTY
FDIC-02-052e
FDIC-02-141k
James Douglas Kimbrough ("Respondent") has been advised of
the right to receive a NOTICE OF INTENTION TO PROHIBIT FROM FURTHER
PARTICIPATION, ASSESSMENT OF CIVIL MONEY PENALTIES, FINDINGS OF FACT
AND CONCLUSIONS OF LAW, ORDER TO PAY AND NOTICE OF HEARING issued by
the Federal Deposit Insurance Corporation ("FDIC") detailing the
unsafe or unsound banking practices for which an ORDER OF PROHIBITION
FROM FURTHER PARTICIPATION AND ORDER TO PAY CIVIL MONEY PENALTY
("ORDER") may issue, and has been further advised of the right
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to a hearing on the alleged charges under sections 8(e) and 8(i) of the
Federal Deposit Insurance Act ("Act"), 12 U.S.C. §§ 1818(e)
and (i), 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 ISSUANCE OF AN ORDER TO PAY 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 unsafe or unsound banking
practices, Respondent consented to the issuance of the ORDER by the
FDIC and has agreed to a prohibition from participation in the affairs
of any insured depository institution and to pay a civil money penalty
in the amount specified below to the Treasurer of the United States and
did so.
The FDIC considered the matter and determined it had reason to believe
that:
(a) The Respondent has engaged or participated in unsafe or unsound
banking practices as an institution-affiliated party of Arkansas Valley
State Bank, Broken Arrow, Oklahoma ("Bank");
(b) By reason of such practices, the Bank has suffered financial loss
or other damage; and
(c) Such practices demonstrate the Respondent's willful and/or
continuing disregard for the safety or soundness of the Bank.
The FDIC further determined that such practices 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).
Furthermore, the FDIC determined that it had reason to believe that:
(a) The Respondent recklessly engaged in unsafe or unsound banking
practices; and
(b) Such practices were part of a pattern of misconduct that caused
more than a minimal loss to the Bank.
Therefore, after taking into account the CONSENT AGREEMENT, the
appropriateness of the penalty with respect to the financial resources
of the Respondent, any good faith of the Respondent, the gravity of the
violation by the Respondent, the history of previous violations by the
Respondent, and such other matters as justice may require, the FDIC
accepts the CONSENT AGREEMENT and issues the following:
ORDER OF PROHIBITION FROM FURTHER PARTICIPATION AND ORDER TO PAY CIVIL MONEY PENALTY
[.1]1. IT IS ORDERED that James Douglas Kimbrough 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:
(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);
(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. IT IS HEREBY FURTHER ORDERED that a civil money penalty of
$25,000.00 be, and hereby is, assessed against James Douglas Kimbrough.
The Respondent shall pay the civil money penalty to the Treasurer of
the United States, and the Respondent is prohibited from seeking or
accepting indemnification from any insured depository institution for
the civil money penalty assessed and paid in this matter.
3. 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 19th day of February, 2003.