[¶11,705A] In the Matter of First Community Bank and Trust, Bargersville, Indiana,
Docket No. CR-99-9902-009 (5-3-00).
Respondent agrees to pay civil money penalty assessed by the FDIC in
the amount of $1,800.
In the Matter of
FIRST COMMUNITY BANK AND TRUST BARGERSVILLE, INDIANA (Insured State Nonmember Bank)
STIPULATION AND CONSENT ORDER TO PAY
Subject to the acceptance of this STIPULATION AND CONSENT ORDER TO
PAY ("CONSENT ORDER"), by the Federal Deposit Insurance
Corporation ("FDIC"), it is hereby stipulated and agreed between
a representative of the Legal Division of the FDIC and First Community
Bank & Trust, Bargersville, Indiana ("Bank"), as follows:
1. The Bank, without admitting or denying liability in this action,
agrees to the issuance of this CONSENT ORDER by the FDIC, assessing a
civil money penalty pursuant to section 7(a)(1) of the Federal Deposit
Insurance Act ("Act"), 12 U.S.C. § 1817(a)(1), in the amount of
$1,800 against the Bank, related to its filing of the June 30, 1999
Consolidated Reports of Condition and Income.
2. This CONSENT ORDER shall become effective upon its issuance by the
FDIC, and fully enforceable by the FDIC pursuant to the provisions of
section 8(i) of the Act, 12 U.S.C. § 1818(i), subject only to the
provisions of paragraph 3 set forth herein.
3. In the event the FDIC accepts and issues this CONSENT ORDER, it is
agreed that no action will be taken to enforce said CONSENT ORDER in
the appropriate United States District Court unless the Bank has failed
to comply with the provisions of this CONSENT ORDER.
4. The Bank agrees to pay the civil money penalty of $1,800 in the form
of a check, payable to the Treasury of the United States,
contemporaneously with its execution of this CONSENT ORDER.
5. The Bank hereby waives:
(a) Its right to the issuance of a formal NOTICE OF ASSESSMENT OF
CIVIL MONEY PENALTY, FINDINGS OF FACT, AND CONCLUSIONS OF LAW
("NOTICE OF ASSESSMENT"), detailing the alleged charges giving
rise to the assessment of a civil money penalty, and a NOTICE OF
(b) All defenses in this proceeding;
(c) The filing of FINDINGS OF FACT AND CONCLUSIONS OF LAW;
(d) A hearing for the purpose of taking evidence on the allegations set
forth in the NOTICE OF ASSESSMENT;