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UNITED
THE
BEFORE
BOARD
OF
STATES
GOVERNORS
OF
OF
THE
WASHINGTON,
In the Matter
LOIS
of
WHEREAS,
(12 U.S.C.
Federal
Order
1
and
System
to sections
Act,
(i) (3)),
(the
the Board
"Board
senior
8(b)(3)
(12 U.S.C.
bank
of the FDI Act
that
Bancorp,
bank
was
violations
due
at Towne;
Lois
Reserve
("Bancorp"),
or unsound
and
and
alleged
of the
issues
this
A. Brigham
in sections
("Towne"),
to Brigham's
of law and unsafe
function
Ohio
Ohio
"FDI Act")
director,
1813(u)
of the Federal
Perrysburg,
company,
Pursuant
to
Insurance
(i) (3) of the
of Governors
against
as defined
Perrysburg,
a member
Inc.,
holding
lending
Bank,
and
(the
vice-president,
party,
Towne
98-009-E-12
of Governors")
(the "Order")
former
8(e)
as amended
institution-affiliated
former
No.
1
Insurance
of Prohibition
("Brigham"),
SYSTEM
D.C.
Order of Prohibition
Issued Upon Consent
the Federal Deposit
Act, as Amended
1
pursuant
1818(e)
Reserve
RESERVE
1
An Institution-Affiliated
Party of the former
Towne Bank
Perrysburg,
Ohio
and
Towne Bancorp,
Inc.
Perrysburg,
Ohio
Deposit
FEDERAL
Docket
A. BRIGHAM
Federal
AMERICA
and
3(u)
1818(b)(3)),
and
of the
a state-chartered
System,
a former
and
registered
participation
practices
Towne
regarding
in
the
2
WHEREAS,
has
consented
Governors
have
to the
otherwise
(a) to the
in this
the basis,
enforceability
any and
Towne,
all
its successor,
("Exchange")
common
to, Ohio
NOW,
adjudication
forth
in connection
allegation
of this
to prohibit
for the
implied
review
or contest
hereof;
related
whether
statute,
and
to this
Luckey,
or
of this
in any
effectiveness
terms,
Bank,
or
(e) to
Order
Ohio
arising
including,
made
without
taking
issue
this
herewith,
matter
to the
on any
and without
Governors
proceedings:
prior
of or finding
of any
or
in
but
not
law.
THEREFORE,
adm5ssion
judicial
or expenses
of any
263,
of intent
or any provision
terms
otherwise
to any matter
or its successor,
the
Part
(d) to challenge
the Exchange
state
herein,
settlement
fees
or Bancorp
law or under
limited
set
for
she might
of
(b) to a hearing
respect
validity,
Brigham
by the Board
12 C.F.R.
(c) to obtain
Order
hereunder,
rights
Order;
with
issuance,
claims
Order
of a notice
hereof;
of this
all
and
in this
Order;
or any provision
manner
1818
evidence
signature
of this
issuance
forth
of taking
forth
Order
set
her
any and
to 12 U.S.C.
on any matter
set
issuance
and has waived
pursuant
purpose
by affixing
Order
of fact
solely
protracted
testimony
or law
constituting
or implied
and
of any
implied
or
an
by the Board
for
or
of
the purpose
or extended
of
3
IT IS HEREBY
(i)(3),
and
ORDERED,
pursuant
(j) of the FDI Act
to sections
(12 U.S.C.
1818(e),
8(e),
(i) (3), and
(j)), that:
1.
Board
Brigham,
of Governors
section
8(e)(7)(B)
another
federal
hereby
and,
financial
(a)
From
of the affairs
section
8(e)(7)(A)
institution,
not
attempting
consent,
any
previously
(d)
acting
limited
agency,
from
to, any
insured
soliciting,
voting
with
or agency
(12 U.S.C.
institution
described
approved
1818(e)(7)(B)),
in any manner
institution
of the FDI Act
or authorization
(cl
of the
to
regulatory
participating
of any
to transfer,
institution
approval
pursuant
(12 U.S.C.
institution
or depository
lb)
necessary
written
is
prohibited:
conduct
but
where
the prior
of the FDI Act
and henceforth
including,
without
in section
to any voting
any proxy,
rights
in
8(e)(7) (A) of the FDI Act:
by any
banking
as an institution-affiliated
transferr ,ing,
to vote
any voting
from voting
company;
ins,
from violating
federal
in
depository
or attempting
respect
specified
1818(e) (7) (A)),
holding
procur
in the
agency;
for a director,
party,
agreement
or
or serving
as defined
in
or
4
section
3(u)
employee,
of the FDI Act,
in any
such
institution
as an officer,
described
director
in section
or
8(e)(7) (A) of
the FDI Act.
2.
subject
both
Brigham
under
shall
stayed,
violation
of this
to appropriate
section
3.
and
Any
criminal
8 of the FDI Act
This
remain
Order
Order,
fully
modified,
and
each
effective
terminated
shall
or civil
(12 U.S.C.
and
and
separately
every
penalties
1818).
provision
enforceable
or suspended
or
hereof,
until
in writing
is
expressly
by
the Board
of Governors.
4.
addressed
All
communications
regarding
this
Order
shall
be
to:
(a)
Mr. R. Chris Moore
Senior Vice President
Federal Reserve Bank of Cleveland
1455 East Sixth Street
44101
Cleveland,
Ohio
(b)
Ms. Lois A. Brigham
7027 Coder Road Estates
43537
Maumee, Ohio
.-
5.
The
provisions
or otherwise
prevent
state
or department
agency
of this
the Board
from
Order
of Governors
taking
any
shall
not
or any
other
bar,
federal
action
estop,
or
affecting
5
Brigham,
Towne,
Exchange,
institution-affiliated
By order
/3*
day
Bancorp
parties
former
or current
thereof.
of the Board
of&*_,
or any
of Governors
effective
this
1998.
BOARD OF GOVERNORS
OF THE
FEDERAL RESERVE SYSTEM
Secretary
of the Board