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[¶12,218] In the Matter of Clinton O. Weidner, Capital City Bank, Topeka,
Kansas, Docket No. 04-044k (5-25-04).
Respondent agrees to pay civil money penalty assessed by the FDIC in
the amount of $3,500.
In the Matter of
CLINTON O. WEIDNER,
individually and as an institution-affiliated party of
CAPITAL CITY BANK
TOPEKA, KANSAS
(Insured State Nonmember Bank)
ORDER TO PAY CIVIL MONEY PENALTY
FDIC-04-044k
Clinton O. Weidner ("Respondent") has been advised of his
right to receive a NOTICE OF ASSESSMENT OF CIVIL MONEY PENALTY,
FINDINGS OF FACT, AND CONCLUSIONS OF LAW ("NOTICE")
{{7-31-04 p.C-6135}
issued by the
Federal Deposit Insurance Corporation ("FDIC") stating the
violations of law, unsafe or unsound banking practices and breaches of
fiduciary duty for which an ORDER TO PAY CIVIL MONEY PENALTY ("ORDER
TO PAY") may be issued. Respondent has been further advised of his
right to a hearing on the charges under section 8(i)(2) of the Federal
Deposit Insurance Act ("Act"), 12 U.S.C. §1818(i)(2), and the
FDIC Rules of Practice and Procedure, 12 C.F.R. Part 308. Having waived
those rights, Respondent 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
regulations, unsafe or unsound banking practices and breaches of
fiduciary duty, consented to the issuance of an ORDER TO PAY CIVIL
MONEY PENALTY ("ORDER") by the FDIC and agreed to pay a civil
money penalty in the amount of three-thousand-five-hundred dollars
($3,500) to the Treasury of the United States ("Treasury").
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 violations by Respondent, the history of
previous violations 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 $3,500 to the Treasury within 10
days of the effective date hereof.
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 this 25th day of May, 2004.