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UNITED BEFORE THE BOARD STATES OF GOVERNORS OF AMERICA OF THE FEDERAL WASHINGTON, In the Matter FRED Docket No. 98-010-E-I Order of Prohibition Issued Upon Consent Pursuant to the Federal Deposit Insurance Act, As Amended : A Former Institution-Affiliated Party of SYSTEM D.C. of J. SMILEK RESERVE : : CHEMICAL BANK New York, New York A Former State Member WHEREAS, Federal Deposit 1818(e) and Reserve System former to sections Act, (the "Board (12 U.S.C. of Governors") against when he was WHEREAS, has consented Fred party, 1813(u)), by affixing to the issuance of the Federal issues as defined of the Chemical State this member in section Bank, bank, $275,000 of the Bank; his signature of this Order Order of (“Smilek"), a J. Smilek of approximately an officer and 8(i) (3) of the (the I'Actl') (12 U.S.C. of Governors (the t'Bankt'), a former misappropriation 8(e) as amended the Board institution-affiliated New York period Insurance (the "Order") of the Act alleged pursuant (i) (3) 1, Prohibition Bank due 3(u) New York, to his during the and hereunder, by the Board Smilek of Governors have and has waived pursuant to 12 U.S.C. (a) to the issuance hearing matter implied or set review of this Order terms, in any manner with Order; (b) to a respect (c) to obtain hereof; and the basis, or enforceability or otherwise: judicial (d) to issuance, of this to any Order validity, or any hereof. NOW, THEREFORE, before adjudication of or finding without Order made in this 263, otherwise to prohibit; evidence or any provision effectiveness provision of intent of taking forth or contest he might 1818 or 12 CFR Part of a notice for the purpose challenge any and all rights this or implied by the Board and solely proceeding, without ORDERED, (j) of the Act of any allegation in connection of settlement or extended pursuant (12 U.S.C. or of fact or law herein; of Governors protracted of any testimony an admission for the purpose IT IS HEREBY (i)(3) and on any issue constituting proceeding; the taking hearings to sections 1818(e), with this of this or testimony: 8(e), (i) (3) and Cj)), that: 1. Board Smilek, of Governors section without and, where 8(e) (7) (B) of the Act the prior written necessary pursuant (12 U.S.C. approval of the to 1818(e) (7) (B)), another Federal financial henceforth institution prohibited (a) the affairs section 8(e) (7) (A) of the Act (12 U.S.C. or holding limitation, company attempting or holding by any violating federal (d) institution-affiliated employee, the Act. of any institution transferring, to vote to any voting any proxy, rights in 8(e) (7) (A) of the Act, any insured depository institution thereof; (cl approved respect in section limitation, company depository or attempting with described without in 1818(e) (7) (A)), procuring, voting or authorization including in the conduct specified any insured soliciting, to transfer, institution and thereof; lb) any in any manner or agency without is hereby from: Participating of any agency, institution including consent, regulatory any voting banking voting such or serving as an officer, described previously or for a director, party, institution agency; agreement in section as an director or 8(e) (7) (A) of of 4 2. subject under Smilek section 3. and shall stayed, Any violation of this to appropriate 8 of the Act This remain Order, fully modified, Order criminal or civil (12 U.S.C. and each effective terminated shall separately penalties or both 1818). and every provision and enforceable or suspended hereof, until in writing expressly by the Board of Governors. 4. addressed All communications regarding this Order shall be to: 5. or otherwise (a) Mr. Christopher J. McCurdy Senior Vice President Federal Reserve Bank of New York 33 Liberty Street New York, New York, 10045 (b) Mr. Fred J. Smilek 50 Columbus Avenue, Tuckahoe, NY 10707 The provisions prevent of this the Board Apt. Order of Governors 711 shall not bar, or any is federal estop or 5 state agency or department from taking any other action affecting Smilek. 1h /y - By order of the Board , 1998. day of*-_ of Governors effective this BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM a& c. F;ed ! J. Smile'k