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UNITED
BEFORE

THE

BOARD

STATES

OF GOVERNORS

OF AMERICA
OF THE FEDERAL

WASHINGTON,

In the Matter

RESERVE

SYSTEM

D.C.

of

Docket

No.

97-013-CMP-I

:
G.A.

POLING,

JR.

Order of Assessment
of a
Civil Money Penalty Issued
Upon Consent Pursuant to
Section 8(i) of the Federal.:"
Deposit Insurance Act

:
An Officer
Affiliated

and InstitutionParty of

ZIA NEW MEXICO
Tucumcari.
New

Insurance

1818(i)),

Act,

Jr.

party,

(12 U.S.C.

1813(u)),

(the

misleading

Reserve
Call

has

consented

Governors

Act

Reports;

WHEREAS,

consent

in section

member
alleged

(12 U.S.C.

and waived

issuance
any

against

of the FDI Act

Bank,

Tucumcari,

in connection

violations
324)

of

with

of section

relating

New
his

9 of

to the filing

and

by affixing

to the

Order

System

and an institution-

3(u)

bank,

U.S.C.

Reserve

(the "Order")

of the Zia New Mexico

in the Bank's

the Federal

this

the president

a state

of the Federal

of the Federal

Penalty

as defined

"Bank"),

participation

Money

8(i)

(the "FDI Act")(12

issues

("Poling"),

affiliated

Mexico

of Governors

of a-Civil

Poling,

to section

as amended

of Governors")

Assessment
G.A.

pursuant

the Board

(the "Board

\
1
1

BANK
Mexico

WHEREAS,
Deposit

)

his

signature

of this Order

and all

rights

hereunder,

Poling

by the Board

he might

have

of

otherwise

of

?
i

2
pursuant

to 12 U.S.C.

(a) to the
penalty;

issuance

to any matter

(c) to obtain
hereof;

and

issuance,

adjudication
forth

terms,

in connection
of settlement

or extended

hearings

section

263.63(a)

263.63(a)),

$5,000
section

provided

the basis,
or

hereof.

of any

testimony

or law

constituting

or implied

pursuant

of the Board

(12 C.F.R.

hereinafter

Order;

manner

of fact

by

this proceeding,

ORDERED,

for Assessment

Poling

with

implied

solely

and without

or

an

the Board
and

or

of
for

the

protracted

or testimony:

Procedures

1.

this Order

made

with

issue

evidence

collectibility

taking

of this proceeding

IT IS HEREBY
and

in any

to the

money

or any provision

or any provision

and without

Governors

Order

or contest

on any

of any allegation

purpose

of this

prior

admission

forth

effectiveness,

of or finding

herein,

of a civil

in this

review

THEREFORE,

or otherwise:

or set

of this Order

NOW,

of assessment

263

of taking

(d) to challenge

validity,

Part

for the purpose

implied

judicial

enforceability

12 C.F.R.

of a notice

(b) to a hearing

respect

set

1818(i),

to 8(i)

of the FDI Act

of Governors'

and Collection

Rules

of Civil

and

Money

Penalties

that:

is assessed
a civil

for his participation
9 of the Federal

and

money

shall

penalty

in the Bank's

Reserve

Act.

forfeit

and pay

as

in the sum of
alleged

violations

of

3
2.

No portion of Poling's civil money penalty shall

be, directly or indirectly, paid, advanced, reimbursed or
otherwise funded by the Bank, or any of its successors or
assigns.

3.

The penalty assessed by this Order shall be

remitted in full, at the time of Poling's execution of this

.~

Order, payable to the "Board of Governors of the Federal Reserve
System" and shall be forwarded, with the executed copy of this
Order, to William W. Wiles, Secretary, Board of Governors

of the

Federal Reserve System, Washington, D.C. 20551, who shall make
remittance of the same to the Treasury of the United States as
required by statute.

4.

The provisions of this Order shall not bar, estop,

or otherwise prevent the Board of Governors, or any federal or
state agency or debartment, from taking any other action
affecting

Poling, provided, however, that the Board of Governors

shall not take any futher action against Poling based on any

4

information

presently

known

the matters

addressed

by

By order

of the

to the Board

this

of Governors

relating

Order.

Board

of Governors,

this

3o%ay

, 1997.

BOARD OF GOVERNORS
OF THE
FEDERAL RESERVE SYSTEM

I

By:
G.A.

Poll&.+--.&.

to

/ .LzzLLL!d%
William W. Wiles
Secretary
of the Board

of