View original document

The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.

UNITED STATES OF AMERICA
BEFORE THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE CORPORATION
WASHINGTON, D.C.

Written Agreement re THE NORCROWN TRUST,
LIVINGSTON, NEW JERSEY, an
unregistered bank holding company that controls
NORCROWN BANK
LIVINGSTON, NEW JERSEY
(An insured State Nonmember Bank)
by and among
DAVID BODNER, and MURRAY HUBERFELD,
and
THE FEDERAL RESERVE BANK OF
NEW YORK,
FEDERAL DEPOSIT INSURANCE CORPORATION
WASHINGTON, D.C.

)
)
)
) FRB Dkt. Nos. 05-010-WA/RB-I2
)
05-010-WA/RB-I3
)
) FDIC Dkt. No. 04-271WA
)
)
)
)
)
)
)
)
)
)
)
)
)

WHEREAS, in recognition of their common goal to maintain the safety and soundness of
bank holding companies and insured depository institutions, the Federal Reserve Bank of New
York (the “Reserve Bank”) and the Federal Deposit Insurance Corporation (“FDIC”) have
mutually agreed to enter into this Written Agreement (“Agreement”) with David Bodner
(“Bodner”) and Murray Huberfeld (“Huberfeld”);
WHEREAS, this Agreement pertains to allegations that Bodner and Huberfeld did not
seek the prior approval of the FDIC pursuant to Section 19 of the Federal Deposit Insurance Act
(the “FDI Act”)(12 U.S.C. § 1829) before an investment was made that became a beneficial

2
interest in the name of the Laura Huberfeld and Naomi Bodner Partnership of more than 25
percent in the NorCrown Trust, Livingston, New Jersey (“NorCrown”), an unregistered bank
holding company that owns more than 99 percent of the voting shares of NorCrown Bank,
Livingston, New Jersey, an insured State nonmember bank;
WHEREAS, the FDIC has issued a Statement of Policy Pursuant to Section 19 of the
Federal Deposit Insurance Act, 63 Fed. Reg. 66177 (December 1, 1998), which Statement may
be revised from time to time or withdrawn;
WHEREAS, this Agreement is being executed in accordance with the Rules Regarding
Delegation of Authority of the Board of Governors of the Federal Reserve System (the “Board of
Governors”), specifically 12 C.F.R. § 265.11(a) (15), and the Reserve Bank has received the
prior approval of the Director of the Division of Banking Supervision and Regulation and the
General Counsel of the Board of Governors to enter into this Agreement with Bodner and
Huberfeld; and
WHEREAS, the FDIC is authorized to enter into this Agreement pursuant to Section 9 of
the FDI Act, 12 U.S.C. § 1819(a) (Seventh).
NOW, THEREFORE, Bodner and Huberfeld each respectively agree with the Reserve
Bank and the FDIC as follows:
1.

Bodner and Huberfeld agree that, except with the prior written consent of the

FDIC in accordance with Section 19 of the FDI Act, each shall not (a) become, or continue as,
an institution-affiliated party (as defined in Sections 3(u) and 8(b)(3) of the FDI Act (12 U.S.C.
§§ 1813(u) and 1818(b)(3)), with respect to any insured depository institution (as defined in
Section 3(c)(2) of the FDI Act, (12 U.S.C. § 1813(c)(2)) or any depository institution holding
company (as defined in Section 3(w)(1) of the FDI Act (12 U.S.C. § 1813(w)(1)); (b) own or
control, directly or indirectly, any insured depository institution or any depository institution

3
holding company ; or (c) otherwise participate, directly or indirectly, in the conduct of any
insured depository institution or depository institution holding company.
2.

All communications regarding this Agreement shall be addressed to:

(a)

David Bodner
152 West 57th Street (54th floor)
New York, NY 10019

with a copy to:
Eliot Lauer
Curtis Mallet-Prevost, Colt & Mosle, LLP
101 Park Ave.
New York, New York 10178
(b)

Murray Huberfeld
152 West 57th Street (54th floor)
New York, NY 10019

with a copy to:
Eliot Lauer
Curtis Mallet-Prevost, Colt & Mosle, LLP
101 Park Ave.
New York, New York 10178
(c)

William Rutledge
Executive Vice President
Federal Reserve Bank of New York
33 Liberty Street
New York, New York 10045

(d)

Christopher J. Spoth
Regional Director
Federal Deposit Insurance Corporation
20 Exchange Place
New York, New York 10005

3.

This Agreement, and each and every provision hereof, is binding individually

upon Bodner and Huberfeld, respectively, and shall remain fully effective and enforceable until

Jan—12—2005

OT:OOpm

From—CURTIS MALLET PREVOST COLT AND MOSLE LLP

+2126961934

T—024

P.005/005

F—021

4
expressly stayed, modified, terminated

or suspended in writing by the Reserve Bank and the

FDIC.
4.

ThisAgreement is a "writtenagreement"for the purposes of section 8 of the FDI

Act (22 USC. § 1818).
IN WITNESS WI-ifR.EOF,the parties have causedthis Agreement to be executed
as ofthe 18tiday

2005.

D&&L
Da%idBodner

4')i /l-<.
Murray1-luberfeld

FEDERAL RESERVE BANK OF

NEWYO

FEDERAL DEPOSITINSURANCE
CORPORATION

By_

By

William L.

Rutle

Executive Vice President
Bank Supervision

Lisa

K, Roy
Associate Director
Division of Supervision and Consumer
Protection