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[¶12,037] In the Matter of Mary Christine Gonzales, and Bridge City State Bank,
Bridge City, Texas, Docket Nos. 02-149e, 02-150k (4-15-03).
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. Respondent agrees to pay civil
money penalty assessed by the FDIC in the amount of $5,000.
[.1] Prohibition, Removal or SuspensionProhibition FromParticipation in
Conduct of Affairs
[.2] Prohibition, Removal or SuspensionProhibition FromVoting Rights,
Exercise of
In the Matter of
MARY CHRISTINE GONZALES,
individually, and as an institution-affiliated party of
BRIDGE CITY STATE BANK
BRIDGE CITY, TEXAS
(Insured State Nonmember Bank)
ORDER OF PROHIBITION FROM FURTHER PARTICIPATION AND CIVIL MONEY PENALTY
FDIC-02-149e
FDIC-02-150k
Mary Christine Gonzales ("Respondent") has been
advised of the right to receive a NOTICE OF INTENTION TO PROHIBIT FROM
FURTHER PARTICIPATION AND CIVIL MONEY PENALTY ("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 sections 8(e) and 8(i) of the Federal Deposit Insurance
Act ("Act"), 12 U.S.C.
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§1818(e) and 12 U.S.C. §1818(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 OR 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 violations,
unsafe or unsound banking practices, and/or breaches of fiduciary duty
as an institution-affiliated party of Bridge City State Bank, Bridge
City, Texas ("Bank");
(b) By reason of such violations, practices and/or breaches of
fiduciary duty, the Bank has suffered financial loss or other damage
and the interests of the Bank's depositors have been prejudiced; and
(c) Such violations, practices and/or breaches of fiduciary duty on the
part of the Respondent demonstrate the Respondent's personal
dishonesty and willful and/or continuing disregard for the safety or
soundness of the Bank.
The FDIC further determined that such 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 section 8(e)(7)(A) of the Act, 12 U.S.C.
§1818(e)(7)(A). Furthermore, 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 PROHIBITION FROM FURTHER PARTICIPATION AND CIVIL MONEY PENALTY
[.1]1. Mary Christine Gonzales 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);
[.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; and
(d) voting for a director, or serving or acting as an
institution-affiliated party.
2. (a) Mary Christine Gonzales is hereby assessed a penalty of
$5,000.00, payable in certified funds to the order of the Treasury of
the United States; and
(b) 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.
3. This ORDER will become effective upon 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 15th day of April, 2003.