{{6-30-04 p.C-6079}
[¶12,201] In the Matter of Connie D. Miller, Elderton State Bank, Elderton,
Pennsylvania, Docket No. 04-027e (4-30-04).
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.
[.1] Prohibition, Removal, or SuspensionProhibition FromParticipation in
Conduct of Affairs
[.2] Prohibition, Removal, or SuspensionProhibition FromVoting Rights,
exercise of
In the Matter of
CONNIE D. MILLER,
individually, and as an institution-affiliated party of
ELDERTON STATE BANK
ELDERTON, PENNSYLVANIA
(Insured State Nonmember Bank)
ORDER OF PROHIBITION FROM FURTHER PARTICIPATION
FDIC-04-027e
Connie D. Miller ("Respondent") has been advised of the
right to receive a NOTICE OF INTENTION TO PROHIBIT FROM FURTHER
PARTICIPATION ("NOTICE") issued by the Federal Deposit Insurance
Corporation ("FDIC") detailing the violations, unsafe or unsound
banking practices, and/or breaches of fiduciary duty for which an ORDER
OF PROHIBITION FROM FURTHER PARTICIPATION ("ORDER") may issue,
and has been further advised of the right to a hearing on the alleged
charges under section 8(e) of the Federal Deposit Insurance Act
("Act"), 12 U.S.C. §1818(e), and the FDIC 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 FROM FURTHER PARTICIPATION ("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, unsafe or unsound banking practice and/or
breach of fiduciary duty, Respondent consented to the issuance of an
ORDER by the FDIC.
The FDIC considered the matter and determined it had reason to believe
that:
[.1] (a) The Respondent has engaged or participated in violations of law or
regulations, unsafe or unsound banking practices and/or breaches of
fiduciary duty as an institution-affiliated party of Elderton State
Bank, Elderton, Pennsylvania;
[.2] (b) By reason of such violations, unsafe or unsound banking practices
and/or breaches of fiduciary duty, the Bank has suffered financial loss
or other damage, the interests of the bank's depositors have been
prejudiced, and/or Respondent received financial gain or other benefit;
and
(c) Such violations, 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 violations, 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).
The FDIC, therefore, accepts the CONSENT AGREEMENT and issues the
following:
{{6-30-04 p.C-6080}
ORDER OF PROHIBITION FROM FURTHER PARTICIPATION
1. CONNIE D. MILLER is hereby, 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:
(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);
(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. This ORDER will become effective ten (10) days after 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 this ORDER shall have been modified,
terminated, suspended, or set aside by the FDIC.
Pursuant to delegated authority.
Dated this 30th day of April, 2004.