[¶11,937] In the Matter of Roger K. Gwin, James R. Smail, Joseph M. Wachtel, John
Barrington, and Paul Miller, The Monitor Bank, Big Prairie, Ohio,
Docket No. 01-188k (6-4-02).
Respondents agrees to pay civil money penalty assessed by the FDIC in
varying dollar amounts.
In the Matter of
ROGER K. GWIN, JAMES R. SMAIL,JOSEPH M. WACHTEL, JOHN BARRINGTON,
AND PAUL A. MILLER,
individually, and as institution-affiliated parties of
THE MONITOR BANK BIG PRAIRIE, OHIO (Insured State Nonmember Bank)
ORDER TO PAY
Roger K. Gwin, James R. Smail, Joseph M. Wachtel, John Barrington,
and Paul A. Miller ("Respondents"), individually with 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") whereby the
Respondents, solely for the purpose of this proceeding and without
admitting or denying any violations of law or regulation for which
civil money penalties may be assessed, consented and agreed to pay a
civil money penalty in the amount specified below to the Treasury 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
the Respondents, the gravity of the violations, the history of previous
violations, and such other matters as justice may require, the FDIC
accepts the CONSENT AGREEMENT and issues the following:
ORDER TO PAY
IT IS HEREBY ORDERED, that by reason of the violations set forth
in paragraph 3 of the CONSENT AGREEMENT, civil money penalties be, and
hereby are, assessed against the Respondents in the following amounts:
Roger K. Gwin
James R. Smail
Joseph M. Wachtel
Paul A. Miller
The Respondents shall pay the civil money penalties to the
Treasury of the United States.
IT IS FURTHER ORDERED that the Respondents are prohibited from seeking
or accepting indemnification from any insured depository institution
for the civil money penalties 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 4th day of June, 2002.