[¶10,170A] In the Matter of Andrew
McMullen, Jessamine McMullen, and Richard McMullen, The State Bank of Stella,
Stella, Nebraska, Docket No. 89-236k (1-28-91)
Respondents agree to pay civil money penalties assessed by the FDIC.
In the Matter of
JESSAMINE MCMULLEN AND
Individually and/or as officers and directors of
THE STATE BANK OF STELLA STELLA, NEBRASKA (Insured State Nonmember Bank)
MODIFIED ORDER TO PAY
The Federal Deposit Insurance Corporation ("FDIC") issued a NOTICE OF
ASSESSMENT OF CIVIL MONEY PENALTIES, FINDINGS OF FACT AND CONCLUSIONS OF
LAW, ORDER TO PAY, AND NOTICE OF HEARING ("NOTICE") on January 5, 1990, against
Andrew McMullen, Jessamine McMullen and Richard McMullen ("Respondents")
individually and/or as officers and directors of The State Bank of Stella,
Stella, Nebraska ("Bank"), assessing a civil money penalty against the
Respondents pursuant to section 8(i) of the Federal Deposit Insurance Act
("Act"), 12 U.S.C. § 1818(i) (1982).
Following the issuance of the NOTICE, the Respondents agreed to waive
the hearing requested in their Answer to the Notice, and the FDIC and the
Respondents agreed to the reduction of the civil money penalties originally
assessed against Andrew McMullen, Jessamine McMullen and Richard McMullen.
Upon consideration of the recommendations of the Division of
Supervision and the Legal Division, IT IS HEREBY ORDERED, that the ORDER TO PAY
in the Notice, issued on January 5, 1990, as to the Respondents, be and hereby
is, modified to read as follows:
IT IS HEREBY ORDERED, that a penalty of $8,000 be, and hereby is,
assessed against Andrew McMullen and a penalty of $5,000 each be, and hereby
is, assessed against Jessamine McMullen and Richard McMullen, pursuant to the
provisions of section 8(i)(2) of the Act, 12 U.S.C. § 1818(i)(2), and the
FDIC's Rules of Practice and Procedures, 12 C.F.R. Part 308.
The penalty assessed herein is to be paid within sixty (60) days of the
date of issuance of this Modified Order to Pay. Checks should be made to the
order of the United States Treasury and sent to the Cash Management Office,
Federal Deposit Insurance Corporation, 1776 F. St., N.W., Room 652, Washington,
Pursuant to delegated authority.
Dated at Washington, D.C., this 28th day of January, 1991.