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UNITED STATES OF AMERICA
BEFORE THE BOARD OF GOVERNORS OF THE
FEDERAL RESERVE SYSTEM
WASHINGTON, D.C.
___________________________________________
)
ON CERTIFICATION OF THE DEPARTMENT )
OF THE TREASURY-- OFFICE OF THE
)
COMPTROLLER OF THE CURRENCY
)
)
In the Matter of a Notice to
)
Prohibit Further Participation
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Against Garfield C. Brown, Jr.,
) DOCKET NO. OCC-AA-EC-03-11
)
Former Employee,
)
MELLON BANK, N.A.
)
PITTSBURGH, PENNSYLVANIA
)
___________________________________________)
ORDER OF PROHIBITION
WHEREAS, pursuant to section 8(e) of the Federal Deposit Insurance Act, as amended,
(the "FDI Act") (12 U.S.C. § 1818(e)), the Board of Governors of the Federal Reserve System
("the Board") is of the opinion, for the reasons set forth in the accompanying Final Decision, that
a final Order of Prohibition should issue against GARFIELD C. BROWN, Jr. (“Brown"), a
former employee and institution-affiliated party, as defined in Section 3(u) of the FDI Act
(12 U.S.C § 1813(u)), of Mellon Bank, N.A., Pittsburgh, Pennsylvania.
NOW, THEREFORE, IT IS HEREBY ORDERED, pursuant to section 8(e) of the FDI
Act, 12 U.S.C. § 1818(e), that:
1. In the absence of prior written approval by the Board, and by any other Federal
financial institution regulatory agency where necessary pursuant to section 8(e)(7)(B) of the Act
(12 U.S.C. § 1818(e)(7)(B)), Brown is hereby prohibited:
1
(a) from participating in any manner in the conduct of the affairs of any institution
or agency specified in section 8(e)(7)(A) of the FDI Act (12 U.S.C. § 1818(e)(7)(A)), including,
but not limited to, any insured depository institution, any insured depository institution holding
company or any U.S. branch or agency of a foreign banking organization;
(b) from soliciting, procuring, transferring, attempting to transfer, voting or
attempting to vote any proxy, consent or authorization with respect to any voting rights in any
institution described in subsection 8(e)(7)(A) of the FDI Act (12 U.S.C. § 1818(e)(7)(A));
(c) from violating any voting agreement previously approved by any Federal
banking agency; or
(d) from voting for a director, or from serving or acting as an institution-affiliated
party as defined in section 3(u) of the FDI Act (12 U.S.C. § 1813(u)), such as an officer, director,
or employee in any institution described in section 8(e)(7)(A) of the FDI Act (12 U.S.C.
§ 1818(e)(7)(A)).
2. Any violation of this Order shall separately subject Brown to appropriate civil or
criminal penalties or both under section 8 of the FDI Act (12 U.S.C. § 1818).
3. This Order, and each and every provision hereof, is and shall remain fully effective
and enforceable unt il expressly stayed, modified, terminated or suspended in writing by the
Board.
This Order shall become effective at the expiration of thirty days after service is made.
By Order of the Board of Governors, this 21st day of November 2003.
BOARD OF GOVERNORS OF THE
FEDERAL RESERVE SYSTEM
Jennifer J. Johnson (signed)
Jennifer J. Johnson
Secretary of the Board