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FDIC Enforcement Decisions and Orders
Respondent is 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
In the Matter of
OTS Order No.: ATL-2004-26
ORDER OF PROHIBITION
WHEREAS, Peter M. Hueser ("Hueser") has executed a Stipulation and Consent to Issuance of an Order of Prohibition ("Stipulation"); and
WHEREAS, Hueser, by his execution of the Stipulation, has consented and agreed to the issuance of this Order of Prohibition ("Order") by the Office of Thrift Supervision ("OTS") and the Federal Deposit Insurance Corporation ("FDIC"), pursuant to 12 U.S.C. §1818(e).1
NOW, THEREFORE, IT IS ORDERED that:
1. Hueser is and shall be subject to the statutory prohibitions provided by 12 U.S.C. §1818(e). Due to and without limitation on the operation of 12 U.S.C. §1818(e)(6) and 1818(e)(7), Hueser, except upon the prior written consent of the OTS (acting through its Director or an authorized representative thereof) and the FDIC (acting through its Board of Directors or an authorized representative thereof), and any other "appropriate Federal financial institutions regulatory agency," for purposes of 12 U.S.C. §1818(e)(7)(B)(ii), shall not:
[.1] (A) hold any office in, or participate in any manner in the conduct of the affairs of any institution specified in 12 U.S.C. §1818(e)(7)(A) ("Covered Institution"), including:
(i) any insured depository institution, e.g., savings and loan associations, savings banks, national banks, state banks, trust companies, and other banking institutions;
(ii) any institution treated as an insured bank under 12 U.S.C. §§1818(b)(3) and 1818(b)(4), or as a savings association under 12 U.S.C. §1818(b)(9), e.g., subsidiaries and holding companies of banks or savings associations;
(iii) any insured credit union under the Federal Credit Union Act, 12 U.S.C. §§1781 et seq.;
(iv) any institution chartered under the Farm Credit Act of 1971, 12 U.S.C. §§2001 et seq.;
(v) any appropriate Federal depository institution regulatory agency, within the meaning of 12 U.S.C. §1818(e)(7)(A)(v); and
(vi) the Federal Housing Finance Board and any Federal Home Loan Bank;
[.2] (B) solicit, procure, transfer, attempt to transfer, vote or attempt to vote any proxy, consent, or authorization with respect to any voting rights in any Covered Institution;
(C) violate any voting agreement previously approved by the "appropriate Federal banking agency" within the meaning of 12 U.S.C. §§1813(q); or
(D) vote for a director, or serve or act as an "institution-affiliated party," as that term is defined at 12 U.S.C. §1813(u), e.g., a director, officer, employee, controlling stockholder of, or agent for, an insured depository institution.
2. This Order is and shall be effective on the date it is issued, as shown in the caption hereof.
3. The Stipulation is made a part hereof and is incorporated herein by this reference.
4. This Order is subject to the provisions of 12 U.S.C. §1818(j).
5. The terms and provisions of this Order shall be binding upon, and
inure to the benefit of the parties hereto and their successors in
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