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FDIC Enforcement Decisions and Orders |
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Civil money penalties assessed against Respondent individually and as an executive officer, director, principal shareholder, person participating in the conduct of Bank's affairs and acquiring person of bank for violations of federal laws and regulations such as acquiring 88.6% of Bank's stock without prior written notice to FDIC, engaging in covered transactions in which Respondents personally derived economic benefits, and extending credit to related interests of Bank's parent holding company.
[.1] Practice and ProcedureAnswerFailure to Answer
[.2] Civil Money PenaltiesFactors Determining LiabilityFailure to Comply with Change in Bank Control Act
[.3] Regulation OSection 23ACivil Money Penalties Imposed for Violations
In the Matter of
This proceeding, brought by the Federal Deposit Insurance Corporation ("FDIC"), seeks civil money penalties of * * * ("Respondent"), individually, and as an executive officer, a director, a person participating in the conduct of the affairs, and as an acquiring person of * * * Bank * * * (the "Bank"), pursuant to sections 7(j)(16) and 18(j)(4) of the Federal Deposit Insurance Act (the "FDI Act"), 12 U.S.C. §§1817(j)(16) and 1828(j)(4).
[.1] Because a request for hearing was received, this proceeding was assigned to an Administrative Law Judge ("ALJ") who issued a November 4, 1988, decision, pursuant to section 308.06(d) of FDIC's Rules of Practice and Procedures,2 recommending that civil penalties be assessed against Respondent.
ORDER
IT IS HEREBY ORDERED that, by reason of the violations set forth above, civil money penalties be, and hereby are, assessed against * * * in the amounts of: (1) $460,000 pursuant to section 7(j)(16) of the FDI Act, 12 U.S.C. §1817(j)(16); and (2) $2,028,000 pursuant to section 18(j)(4) of the FDI Act, 12 U.S.C. §1828(j)(4).
RECOMMENDED DECISION
CHARNO. Administrative Law Judge:
FINDINGS OF FACT
A. General Findings
1. At all times pertinent to these proceedings, * * * Bank * * * (Bank) was a corporation existing and doing business under the laws of the State of * * *, having its principal place of business in * * *.
3. Prior to May 27, 1987, * * *, a onebank holding company wholly owned by * * *, owned approximately 2,215 shares of common stock of the Bank (Bank Stock), representing approximately 88.6 percent of the Bank's total outstanding voting stock.
C. Findings in Docket No. FDIC-88-179k
11. On or about May 28, 1987, Respondent acquired over 80 percent of the common stock of the Bank.
CONCLUSIONS OF LAW
1. The FDIC has jurisdiction over the Bank, the Respondent, and the subject matter of these proceedings.
[.2] 4. The acquisition of control of the Bank by Respondent described in the Findings of Fact constitutes a willful violation by Respondent of Section 7(j)(i) of the Act, 12 U.S.C. §1817(j)(1), and Section 303.4 of the FDIC Rules and Regulations, 12 C.F.R. §303.4, which require that the FDIC be furnished prior written notification of an intent to acquire control of a State nonmember bank which is insured by the FDIC.
[.3] 12. By reason of each of The Transactions, Respondent, within the meaning of Section 18(j)(4)(A), 12 U.S.C. §1828(j)(4)(A), violated the following provisions of Section 23A of the Federal Reserve Act, 12 U.S.C. §371c:
ORDER TO PAY
IT IS ORDERED that, by reason of the violations set forth above, civil money penalties be, and hereby are, assessed against * * * in the amounts of (1) $460,000 pursuant to Section 7(j)(16) of the Act, 12 U.S.C. §1817(j)(16), and (2) $2,028,000 pursuant to Section 18(j)(4) of the Act, 12 U.S.C. §1828(j)(4). |
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Last Updated 6/6/2003 | legal@fdic.gov |