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FDIC Enforcement Decisions and Orders |
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Respondent agrees to pay civil money penalty assessed by the FDIC in
the amount of $2,450.
In the Matter of
Choice Financial Group, Grafton, North Dakota ("Bank"), has
been advised of its right to receive a NOTICE OF ASSESSMENT OF CIVIL
MONEY PENALTY, FINDINGS OF FACT AND CONCLUSIONS OF LAW, ORDER TO PAY,
AND NOTICE OF HEARING ("NOTICE OF ASSESSMENT") issued by the
Federal Deposit Insurance Corporation ("FDIC") detailing the
violations for which a civil money penalty may be assessed against the
Bank pursuant to the Flood Disaster Protection Act of 1973 ("Flood
Act"), as amended, 42 U.S.C. §4012a, and Part 339 of the FDIC
Rules and Regulations, 12 C.F.R. Part 339 ("Part 339"), and has
been further advised of its right to a hearing on the alleged charges
under the Flood Act, 42 U.S.C. §4012a(f)(4), and Part 308 of the
FDIC Rules of Practice and Procedure, 12 C.F.R. Part 308.
Having waived those rights, the Bank entered into a STIPULATION AND
CONSENT TO THE ISSUANCE OF AN ORDER TO PAY 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 violations, the Bank consented and
agreed to pay a civil money penalty in the amount of two thousand four
hundred fifty dollars ($2,450) related to the violations of the Flood
Act and Part 339. The FDIC has reason to believe that the Bank has
violated the Flood Act and Part 339 in that it has made, increased,
extended or renewed loans secured by a building or mobile home located
or to be located in a special flood hazard area without requiring that
the collateral be covered by flood insurance for the term of the loan;
which violations were cited at the FDIC's October 6, 2003,
examination.
The FDIC considered the matter and determined it had reason to believe
that the Bank has engaged or participated in violations of law or
regulations for which a civil money penalty of $2,450 is appropriate to
be assessed against the Bank, pursuant to the Flood Act and Part 339.
The FDIC, therefore, accepts the CONSENT AGREEMENT and issues the
following:
IT IS HEREBY ORDERED that the Bank be, and hereby is, assessed a
civil money penalty of $2,450 pursuant to the Flood Act and Part 339
the receipt of which is acknowledged.
This Order to Pay Civil Money Penalty shall be effective upon its
issuance.
Pursuant to delegated authority.
Dated this 2nd day of June, 2004.
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