[¶12,541] In the Matter of Union Bank & Trust Company, Lincoln, Nebraska,
Docket No. 05-233k (2-24-06).
Respondent agrees to pay civil money penalty assessed by the FDIC in
the amount of $9,500.
In the Matter of
UNION BANK & TRUST COMPANY LINCOLN, NEBRASKA (Insured State Nonmember Bank)
ORDER TO PAY CIVIL MONEY PENALTY
Union Bank & Trust Company, Lincoln, Nebraska ("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 section 8(i)(2) of the Federal Deposit Insurance Act
("Act"), 12 U.S.C. §1818(i)(2), section 305 of the Home
Mortgage Disclosure Act ("HMDA"), 12 U.S.C. §2804, and section
203.6 of Regulation C of the Board of Governors of the Federal Reserve
System, 12 C.F.R. §203.6, and has been further advised of its right
to a hearing on the charges pursuant to section 8(i)(2)(H) of the Act,
12 U.S.C. §1818(i)(2)(H), 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 the Bank, solely for the purpose of this
proceeding and without admitting or denying any violations of law
and/or regulations for which civil money penalties may be assessed,
consented to the issuance of an ORDER TO PAY CIVIL MONEY PENALTY by the
FDIC and agreed to pay a civil money penalty in the amount of $9,500 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 violation by Respondent, the history of
previous violations by Respondent, and such other matters as justice
may require, the FDIC considered the matter and determined it had
reason to believe that the Bank has engaged or participated in
violations of law or regulation for which a civil money penalty of
$9,500 is appropriate to be assessed against the Bank.
IT IS HEREBY ORDERED that the Bank be, and hereby is, assessed a
civil money penalty in the amount of $9,500 pursuant to section 8(i)(2)
of the Act, 12 U.S.C. §1818(i)(2), the receipt of which is hereby
Pursuant to delegated authority.
Dated at Washington, D.C., this 24th day of February, 2006.