{{2-29-04 p.C-5939}}
[¶12,134] In the Matter of Kenneth Keith Fox, Heartland Community Bank, Franklin,
Indiana, Docket No. 02-147k (12-17-03)
Respondent agrees to pay civil money penalty assessed by the FDIC in
the amount of $5,000.
In the Matter of
KENNETH KEITH FOX,
individually, and as an institution-affiliated party of
HEARTLAND COMMUNITY BANK
FRANKLIN, INDIANA
(Insured State Nonmember Bank)
ORDER TO PAY
FDIC-02-147k
Kenneth Keith Fox ("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 5, 2003, whereby
Respondent, solely for the purpose of this proceeding and without
admitting or denying any unsafe or unsound practices or breaches of
fiduciary duty 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
Respondent, the gravity of the unsafe or unsound practices or breaches
of fiduciary duty by Respondent, the history of previous practices or
breaches of fiduciary duty by Respondent, 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 practices or breaches
of fiduciary duty set forth in paragraph 3 of the CONSENT AGREEMENT, a
penalty of $5,000 be, and hereby is, assessed against the Respondent.
The Respondent shall pay the civil money penalty to the Treasury of the
United States.
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 this 17th day of December, 2003.