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[¶11,983] In the Matter of John C. Atwater, The Union State Bank of Everest,
Everest, Kansas, Docket No. 02-067k (11-8-02)
Respondent agrees to pay civil money penalty assessed by the FDIC in
the amount of $12,500.
In the Matter of
JOHN C. ATWATER,
individually, and as an institution-affiliated party of
THE UNION STATE BANK OF EVEREST
EVEREST, KANSAS
(Insured State Nonmember Bank)
ORDER TO PAY CIVIL MONEY PENALTY
FDIC-02-067k
John C. Atwater ("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 CIVIL MONEY PENALTY ("CONSENT AGREEMENT")
whereby Respondent, solely for the purpose of this proceeding and
without admitting or denying any violations of law and/or regulations,
unsafe or unsound practices, and/or breaches of fiduciary
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duty, for
which civil money penalties may be assessed, consented to the issuance
of an ORDER TO PAY CIVIL MONEY PENALTY ("ORDER TO PAY") by the
FDIC and agreed to pay a civil money penalty in the amount of $12,500
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 Respondent, the gravity of the violations by Respondent, the
history of previous violations or lack thereof by Respondent, and such
other matters as justice requires, the FDIC accepts the CONSENT
AGREEMENT and issues the following:
ORDER TO PAY CIVIL MONEY PENALTY
IT IS HEREBY ORDERED that Respondent is assessed and shall pay a
civil money penalty in the amount of $12,500 to the Treasury of the
United States, the receipt of which has been previously acknowledged.
IT IS FURTHER ORDERED that Respondent is prohibited from seeking or
accepting indemnification from any insured depository institution, (i)
for the civil money penalty assessed and paid in this matter, or (ii)
for any expenses, including attorneys' fees and disbursements,
incurred by Respondent in connection with this matter.
This ORDER shall be effective upon its issuance.
Pursuant to delegated authority.
Dated at Washington, D.C., this 8th day of November, 2002.