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For immediate release
May 16, 1997
The Federal Reserve Board today announced the issuance
of an Order of Prohibition against Francisco Moncaleano, a former
vice presi dent and institution-affiliated
party of the Miami
agency of Banco Ganadero, S.A., Bogota, Colombia.
Mr. Moncaleano, without admitting to any allegations,
consented to the issuance of the Order due to his alleged receipt
of bribes in connection with certain Banco Ganadero trade
financing transactions.
A copy of the Order is attached.
Attachment
UNITED STATES OF AMERICA
EBFORE THE BOARD OF GOVERNORS 3F THE FEDERAL RESERVE SYSTEM
WASHINGTON, D.C.
31 the Matter cf
:
FRANCISCO MONCALEANO
A Former Institution-Affiliated
Party of
Docket No. 96-034-E-12
: Order of Prohibition
Iseued
Upon Consent
Pursuant to the Federal
Deposit Insurance Ac~t,
as Amended
:
:
:
:
The Miami Agency of
BANCO GANADERO, S.A.
BOGOTA, COLOMBIA
WHEREAS, pursuant to sections 8(e) and 8(i) (3) of the
Federal Deposit Insurance Act, as amended (the "Act") (12 U.S.C.
1818(e) and (i)( 3)), the Board of Governors of the Federal
Reserve System
(
the "Board of Governors") issues this Order of
Prohibition (the "Order") against Francisco Moncaleano
('Moncaleano") ,
a
former vice president and institution-
affiliated party, as defined in sections 3(u) and 8(b) (4) of the
Act (12 u.s.c. 1813(u) and 1818(b)(411, of the Miami agency of
Banco Ganadeto, S.A., Bogota, Colombia ("Banco Ganadero"), due to
Moncaleano's alleged receipt of bribes in connection with certain
Banco Ganadero trade financing transactions; and
WHEREA.S,by affixing his signature hereunder,
Moncaleano has consented to the issuance of this Order by the
Board of Governors and has waived any and all rights he might
otherwise have pursuant to 12 1J.S.C.1818 or 12 CFR Part 263, or
2
otherwise: (a) to the issuance of a notice of intent to prohibit:
(b) to a hearing for the purpose cf taking evidence with respect
to any matter implied or eet forth in this Order; (c) to obtain
judicial review of this Order or any provision hereof: and (d) to
challenge or contest in any manner the basis, issuance, validity,
terms, effectiveness or enforceability of this Order or any
provision hereof.
._
NOW, THEREFORE, before the taking of any testimony or
adjudication of or finding on any issue of fact
or law herein;
\
without this Order constituting an admission of any allegation
made or implied by the Board of Governors in connection with this
proceeding; and solely for the purpose of settlement of this
proceeding, without protracted or extended hearings or testimony:
IT IS HERBBY ORDERED, pursuant to sections 8(e),
(i)i3) and (j) of the Act (12 U.S.C. 1818(e), (i)(3) and (j)),
that:
1.
Moncaleano, without the prior written approval of
the Board of Governors and, where necessary pursuant to
section 8(e)(7)(B) of the Act (12 U.S.C. 1818(e)(7)(B)), another
appropriate federal financial institutions regulatory agency, is
hereby and henceforth prohibited from:
-
3
(a)
Participating in any manner in the conduct of
the affairs of any institution or agency specified in
section 8(e) (7)(A) of the Act (12 U.S.C. 1818(e)(7)(A)),
including, but not limited to, any insured depository institution
or any bank or thrift holding company or subsidiary thereof, or
any U.S. agency or branch of a foreign bank;
..
(b) 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 section 8(e) (7)‘(A)of the Act;
(c) violating any voting agreement previously
approved by any federal banking agency; or
(d) voting for a director, or serving as an
institution-affiliated party, such as an officer, director or
employee, of any institution described in section 8(e)(7)(A) of
the Act.
2.
Any violation of this Order shall separately
subject Moncaleano to appropriate criminal or civil penalties or
both under section 8 of the Act (12 U.S.C. 1818).
4
3.
This Order, and eat:?and every provision hereof, is
and shall remain fully effective and enfcrceable until expressly
stayed. modified, Lenninated or suspended in writing by the Board
of Governors.
4.
All communications regarding this Order shall be
addressed to:
5.
._
(al
Ms.
(b)
Mr. Francisco Moncaleano
c/o David Rothman, Esq.
Thornton & Rothman, P.A.
First Union Financial Center, Suite 3420
200 South Riscayne Boulevard
Miami, Florida 33181
Carolyn Healy
Assistant-Vice President
Federal Reserve Bank of Atlanta
Miami Branch
9100 N.W. 36th Street ’
Miami, Florida 33152-0847
The provisions of this Order shall not bur,
estop or otherwise prevent the Board of Governors or any federal
or staLe agency or department from taking any other action
affecting Moncaleano, except ~for the matters covered by thio
Order.
5
6.
Moncaleano may at any time, pursuant to
section 8(~)(7)(B) of the Act, seek the prier written approval
of the Board of Governors and, where necessary, another
appropriate federal financial institutions regulatory agency,
to become an institution-affiliated party.
By order of the Board of Governors effective thi,s
BOARD OF GOVERNORS OF THE
FEDERAL RESERVE SYSTEM
-m,~
Francisco Moncaleano
By:
William W. Wiles
Secretary of the Board