[¶11,767] In the Matter of Fielding Simmons, III, BSB Bank & Trust Company,
Binghamton, New York, Docket No. 00-095k (3-1-01)
Respondent agrees to pay civil money penalty assessed by the FDIC in
the amount of $7,500.
In the Matter of
FIELDING SIMMONS III individually, and as an
institution-affiliated party of
BSB BANK & TRUST COMPANY BINGHAMTON, NEW YORK Insured State Nonmember Bank
ORDER TO PAY
Fielding Simmons III ("Respondent") and a representative of
the Legal Division of the Federal Deposit Insurance Corporation
("FDIC") executed a Stipulation and Consent to the Issuance of an
Order to Pay ("Consent Agreement") dated August 21, 2000, whereby
Respondent, solely for the purpose of this proceeding and without
admitting or denying any violation of law, unsafe or unsound banking
practice or breach of fiduciary duty for which a civil money penalty
may be assessed, consented and agreed to pay a civil money penalty in
the amount specified below to the treasurer of the United States.
After taking into account the CONSENT AGREEMENT, the appropriateness of
the penalty with respect to the financial resources and good faith of
Respondent, the gravity of the violation by Respondent, the history of
previous violations by Respondent, and such other matters as justice
may require, the FDIC accepts the CONSENT AGREEMENT and issues the
ORDER TO PAY
IT IS HEREBY ORDERED that by reason of the violation set forth in
paragraph 3 of the CONSENT AGREEMENT, a penalty of $7,500.00 be, and
hereby is, assessed against Fielding Simmons III. The Respondent shall
pay the civil money penalty to the Treasurer of the United States as
(a) The first installment of $2,500 shall be paid on the date the
Consent Agreement is executed ("Execution Date"),
(b) The second installment in the amount of $2,500 shall be paid no
later than 45 days after the Execution Date; and
(c) The third installment in the amount of $2,500 shall be paid no
later than 90 days after the Execution Date.
In the event that Respondent fails to remit any payment required
by this Order to Pay in a timely manner, the Respondent shall pay a
civil money penalty in the total amount
of $15,000, the unpaid balance
of which shall become immediately due and payable. For purpose of
calculating when a payment is made, payments are deemed to be made upon
deposit in or delivery to an appropriate point of collection in the
case of overnight commercial delivery service, U.S. Express Mail
delivery, or first class, registered, or certified mail.
IT IS FURTHER ORDERED that 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.
This Order to Pay shall be effective upon issuance.
Pursuant to delegated authority.
Dated at Washington, D.C., this 1st day of March, 2001.