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[¶11,925] In the Matter of Fidelity Bank of Florida, Merritt Island, Florida,
Docket No. 01-161k (5-9-02).
Respondent agrees to pay civil money penalty assessed by the FDIC in
the amount of $4,000.
In the Matter of
FIDELITY BANK OF FLORIDA
MERRITT ISLAND, FLORIDA
(Insured State Nonmember Bank)
ORDER TO PAY CIVIL MONEY PENALTY
FDIC-01-161k
Fidelity Bank of Florida, Merritt Island, Florida
("Respondent"), 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
Respondent pursuant to section 8(i)(2) of the Federal Deposit Insurance
Act ("Act"), 12 U.S.C. §1818(i)(2), section 305 of the Home
Mortgage Disclosure Act ("HMDA"), 12 U.S.C. §2804, and section
203.6 of Regulation C of the Board of Governors of the Federal Reserve
System, 12 C.F.R. §203.6, and has been further advised of the right
to a hearing on the alleged charges under section 8(i) of the Act, 12
U.S.C. §1818(i), and the FDIC's Rules of Practice and Procedure, 12
C.F.R. Part 308. Having waived those rights, the Respondent entered
into a STIPULATION AND CONSENT TO THE ISSUANCE OF AN ORDER TO PAY CIVIL
MONEY PENALTY ("CONSENT AGREEMENT") 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, Respondent
consented and agreed to pay a civil money penalty in the amount of four
thousand dollars ($4,000.00), related to its inaccurate submission of
the application and loan data for calendar years 1998 and 1999 required
by HMDA.
The FDIC considered the matter and determined it had reason to believe
that the Respondent has engaged or participated in violations of law of
regulation for which a civil money penalty of four thousand dollars
($4,000.00) is appropriate to be assessed against the Respondent
pursuant to section 8(i)(2) of the Act, 12 U.S.C. §1818(i)(2).
The FDIC, therefore, accepted the CONSENT AGREEMENT and issued the
following:
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ORDER TO PAY CIVIL MONEY PENALTY
IT IS HEREBY ORDERED that Respondent be, and hereby is, assessed a
civil money penalty of four thousand dollars ($4,000.00) pursuant to
section 8(i)(2) of the Act, 12 U.S.C. §1818(i)(2).
IT IS FURTHER ORDERED that the Respondent fully pay the civil money
penalty of four thousand dollars ($4,000.00) in the form of a
cashier's check, payable to the Treasurer of the United States.
Pursuant to delegated authority.
Dated at Washington, D.C., this 9th day of May, 2002.