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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