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[¶12,193] In the Matter of William F. Talley, III., First Peoples Bank, Pine
Mountain, Georgia, Docket Nos. 04-054e and 04-055k (4-29-04).
Respondent is prohibited from participating in the conduct of affairs
of, or exercising voting rights in, any insured institution without the
prior written approval of the FDIC, and respondent agrees to pay civil
money penalty assessed by the FDIC in the amount of $1,000.
[.1] Prohibition, Removal, or SuspensionProhibition FromParticipation in
Conduct of Affairs
[.2] Prohibition, Removal, or SuspensionProhibition FromVoting rights,
exercise of
In the Matter of
WILLIAM F. TALLEY, III,
individually and as an institution-affiliated party of
FIRST PEOPLES BANK
PINE MOUNTAIN, GEORGIA
(Insured State Nonmember Bank)
ORDER OF PROHIBITION FROM FURTHER PARTICIPATION AND ORDER TO PAY A CIVIL MONEY PENALTY
FDIC-04-054e
FDIC-04-055k
William F. Talley, III (the "Respondent") has been advised
of the right to receive a NOTICE OF INTENTION TO PROHIBIT FROM FURTHER
PARTICIPATION and a NOTICE OF ASSESSMENT OF A CIVIL MONEY PENALTY,
FINDINGS OF FACT AND CONCLUSIONS OF LAW issued by the Federal Deposit
Insurance Corporation ("FDIC") detailing the unsafe or unsound
banking practices and/or breaches of fiduciary duty for which an ORDER
OF PROHIBITION FROM FURTHER PARTICIPATION ("ORDER OF
PROHIBITION") and an ORDER TO PAY A CIVIL MONEY PENALTY ("ORDER
TO PAY") may be issued, and has been further advised of the right to
a hearing on the alleged charges under sections 8(e) and 8(i) of the
Federal Deposit Insurance Act ("Act"), 12 U.S.C. §§ 1818(e),
(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 OF PROHIBITION
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FROM FURTHER PARTICIPATION AND ORDER TO PAY A 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 unsafe or unsound banking practices
and/or breaches of fiduciary duty, the Respondent consented to the
issuance of an ORDER OF PROHIBITION FROM FURTHER PARTICIPATION AND ORDER
TO PAY A CIVIL MONEY PENALTY ("ORDER") by the FDIC.
The FDIC considered the matter and determined it had reason to believe
that:
(a) The Respondent has recklessly engaged or participated in the
unsafe or unsound banking practices and/or breaches of fiduciary duty
set forth in paragraph 4 of the CONSENT AGREEMENT as an
institution-affiliated party of First Peoples Bank, Pine Mountain,
Georgia (the "Bank");
(b) By reason of such unsafe or unsound banking practices and/or
breaches of fiduciary duty, the Bank has suffered or will probably
suffer financial loss or other damage, the interests of the Bank's
depositors have been or could be prejudiced, and/or the Respondent
received financial gain or other benefit; and
(c) Such unsafe or unsound banking practices and/or breaches of
fiduciary duty involve personal dishonesty on the part of the
Respondent or demonstrate the Respondent's willful and/or continuing
disregard for the safety or soundness of the Bank.
The FDIC further determined that such unsafe or unsound
banking practices and/or breaches of fiduciary duty demonstrate the
Respondent's unfitness to serve as a director, officer, person
participating in the conduct of the affairs or as an
institution-affiliated party of the bank, any other insured depository
institution, or any other agency or organization enumerated in section
8(e)(7)(A) of the Act, 12 U.S.C. §1818(e)(7)(A).
Therefore, after taking into account the CONSENT AGREEMENT; the
appropriateness of the civil money penalty with respect to the
financial resources and good faith of the Respondent; the gravity of
the breaches of fiduciary duty or unsafe or unsound banking practices
by the Respondent; the history of previous breaches of fiduciary duty
or unsafe or unsound banking practices by the Respondent; and such
other matters as justice may require, the FDIC accepts the CONSENT
AGREEMENT and issues the following:
ORDER OF PROHIBITION FROM FURTHER PARTICIPATION AND ORDER TO
PAY A CIVIL MONEY PENALTY
1. IT IS HEREBY ORDERED, that William F. Talley, III, is,
without the prior written approval of the FDIC and the appropriate
Federal financial institutions regulatory agency, as that term is
defined in section 8(e)(7)(D) of the Act, 12 U.S.C. §1818(e)(7)(D),
prohibited from:
[.1] (a) participating in any manner in the conduct of the affairs of any
financial institution or organization enumerated in section 8(e)(7)(A)
of the Act, 12 U.S.C. §1818(e)(7)(A);
[.2] (b) soliciting, procuring, transferring, attempting to transfer,
voting, or attempting to vote any proxy, consent or authorization with
respect to any voting rights in any financial institution enumerated in
section 8(e)(7)(A) of the Act, 12 U.S.C. §1818(e)(7)(A);
(c) violating any voting agreement previously approved by the
appropriate Federal banking agency; or
(d) voting for a director, or serving or acting as an
institution-affiliated party.
2. IT IS HEREBY FURTHER ORDERED, that by reason of the unsafe or
unsound banking practices and/or breaches of fiduciary duty set forth
in paragraph 4 of the CONSENT AGREEMENT, a civil money penalty in the
amount of ONE THOUSAND DOLLARS ($1,000) be, and hereby is, assessed
against William F. Talley, III. The Respondent shall pay the civil
money penalty to the Treasury of the United States; and 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.
3. This ORDER will become final and effective upon its issuance by the
FDIC. The provisions of this ORDER will remain effective and
enforceable except to the extent that, and until such time as, any
provision of
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this ORDER shall have been modified, terminated,
suspended, or set aside by the FDIC.
Pursuant to delegated authority.
Dated this 29th day of April, 2004.