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[¶11,766] In the Matter of Capitol Thrift and Loan Association, Napa, California,
Docket No. 01-005k (2-21-01)
Respondent agrees to pay civil money penalty assessed by the FDIC in
the amount of $5,500.
In the Matter of
CAPITOL THRIFT AND LOAN ASSOCIATION
NAPA, CALIFORNIA
(Insured State Nonmember Bank)
ORDER TO PAY CIVIL MONEY PENALTY
FDIC-01-005k
Capitol Thrift and Loan Association, Napa, California
("Respondent") has been advised of the right to receive a NOTICE
OF ASSESSMENT OF CIVIL MONEY PENALTY, FINDINGS OF FACT AND CONCLUSIONS
OF LAW, ORDER TO PAY, AND NOTICE OF HEARING ("NOTICE") issued
by the Federal Deposit Insurance Corporation ("FDIC") detailing
the violations for which a civil money penalty may be assessed against
Respondent pursuant to section 8(i)(2) of the Federal Deposit Insurance
Act ("Act"), 12 U.S.C. §1818(i)(2), section
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305 of the Home
Mortgage Disclosure Act ("HMDA"), 12 U.S.C. §2804, and section
203.6 of Regulation C of the Board of Governors of the Federal Reserve
System, 12 C.F.R. §203.6, and has been further advised of the right
to a hearing on the alleged charges under section 8(i) of the Act, 12
U.S.C. §1818(i), and the FDIC's Rules of Practice and Procedure, 12
C.F.R. Part 308. Having waived those rights, the Respondent entered
into a STIPULATION AND CONSENT TO THE ISSUANCE OF AN ORDER TO PAY CIVIL
MONEY PENALTY ("AGREEMENT") with a representative of the Legal
Division of the FDIC, whereby solely for the purpose of this proceeding
and without admitting or denying any violations, Respondent consented
and agreed to pay a civil money penalty in the amount of $5,500,
related to its inaccurate submission of the application and loan data
for calendar year 1999 as required by the HMDA.
The FDIC considered the matter and determined it had reason to
believe that the Respondent has engaged or participated in violations
of law or regulations for which a civil money penalty of five thousand,
five hundred dollars ($5,500) is appropriate to be assessed against the
Respondent pursuant to section 8(i)(2) of the Act, 12 U.S.C.
§1818(i)(2).
The FDIC, therefore, accepted the AGREEMENT and issued the following:
ORDER TO PAY CIVIL MONEY PENALTY
IT IS HEREBY ORDERED that Respondent be, and hereby is, assessed a
civil money penalty of $5,500 pursuant to section 8(i)(2) of the Act,
12 U.S.C. §1818(i)(2), the receipt of which is hereby acknowledged.
Pursuant to delegated authority.
Dated this 21st day of February, 2001.