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[¶11,917] In the Matter of Nebraska State Bank of Omaha, Omaha, Nebraska, Docket
No. 01-189k (5-1-02).
Respondent agrees to pay civil money penalty assessed by the FDIC in
the amount of $1,650.
In the Matter of
NEBRASKA STATE BANK OF OMAHA
OMAHA, NEBRASKA
(Insured State Nonmember Bank)
ORDER TO PAY CIVIL MONEY PENALTY
FDIC-01-189k
Nebraska State Bank of Omaha, Omaha, Nebraska ("Bank")
has been advised of the right to receive a NOTICE OF ASSESSMENT OF
CIVIL MONEY PENALTY, FINDINGS OF FACT AND CONCLUSIONS OF LAW, ORDER TO
PAY, AND NOTICE OF HEARING ("NOTICE") issued by the Federal
Deposit Insurance Corporation ("FDIC") detailing the violations
for which a civil money penalty may be assessed against the Bank
pursuant to the Flood Disaster Protection Act of 1973 ("Flood
Act"), as amended, 42 U.S.C. §4012a, section 8(i)(2) of the
Federal Deposit Insurance Act ("FDI Act"), 12 U.S.C.
§1818(i)(2), and Part 339 of the FDIC Rules and Regulations, 12
C.F.R. Part 339, and has been further advised of the right to a hearing
on the alleged charges under the Flood Act, 42 U.S.C. §4012a(f),
section 8(i) of the FDI Act, 12 U.S.C. §1818(i), and the FDIC Rules
of Practice and Procedure, 12 C.F.R. Part 308.
Having waived those rights, the Bank entered into a STIPULATION
AND CONSENT TO THE ISSUANCE OF AN ORDER TO PAY CIVIL MONEY PENALTY 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, the Bank consented and agreed to pay a civil money penalty
in the amount of $1,650.00 related to the violations of the Flood Act,
42 U.S.C. §4012a, and Part 339 of the FDIC Rules and Regulations, 12
C.F.R. Part 339, cited at the FDIC's May 24, 2001, examination, in
that it has made, increased, extended or renewed loans secured by a
building or mobile home located or to be located in a special flood
hazard area without requiring that the collateral be covered by
sufficient flood insurance.
The FDIC considered the matter and determined it had reason to believe
that the Bank has engaged or participated in violations of law or
regulations for which a civil money penalty of $1,650.00 is appropriate
to be assessed against the Bank, pursuant to the Flood Act, 42 U.S.C.
§4012a, section 8(i)(2) of the FDI Act, 12 U.S.C. §1818(i)(2),
and Part 339 of the FDIC Rules and Regulations, 12 C.F.R. Part 339.
ORDER TO PAY CIVIL MONEY PENALTY
IT IS HEREBY ORDERED that the Bank be, and hereby is, assessed a
civil money
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penalty of $1,650.00 pursuant to the Flood Act, 42 U.S.C.
§4012a, section 8(i)(2) of the FDI Act, 12 U.S.C. §1818(i)(2),
and Part 339 of the FDIC Rules and Regulations, 12 C.F.R. Part 339, the
receipt of which is acknowledged.
This Order to Pay Civil Money Penalty shall be effective upon its
issuance.
Pursuant to delegated authority.
Dated at Washington, D.C., this 1st day of May, 2002.