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[¶11,900] In the Matter of Melissa A. Decker, Bank of Kirksville, Kirksville,
Missouri, Docket No. 01-094e (3-6-02)
Respondent prohibited from participating in the conduct of affairs of,
or exercising voting rights in, any insured institution without the
prior written approval of the FDIC.
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[.1] Prohibition, Removal or Suspension—Prohibition From—Participation in
Conduct of Affairs
[.2] Prohibition, Removal or Suspension—Prohibition From—Voting Rights,
Exercise of
In the Matter of
MELISSA A. DECKER,
Individually and as aninstitution-affiliated party of
BANK OF KIRKSVILLE,
KIRKSVILLE, MISSOURI
(Insured State Non-member Bank)
ORDER OF PROHIBITION FROM FURTHER PARTICIPATION
FDIC-01-094e
Melissa A. Decker ("Respondent") has been advised of her
right to receive a NOTICE OF INTENTION TO PROHIBIT FROM FURTHER
PARTICIPATION ("NOTICE") issued by the Federal Deposit
Insurance Corporation ("FDIC"), detailing the violations of law,
unsafe or unsound banking practices, and breaches of fiduciary duty for
which an ORDER OF PROHIBITION FROM FURTHER PARTICIPATION
("ORDER") may issue, and has been further advised of her right to
a hearing on those charges under section 8(e) of the Federal Deposit
Insurance Act ("Act"), 12 U.S.C. §1818(e), and the FDIC Rules
of Practice and Procedure, 12 C.F.R. Part 308. Having waived those
rights, Respondent entered into a STIPULATION AND CONSENT TO THE
ISSUANCE OF AN ORDER OF PROHIBITION FROM FURTHER PARTICIPATION
("CONSENT AGREEMENT"), whereby solely for the purpose of this
proceeding and without admitting or denying any violations of law,
unsafe or unsound banking practices, or breaches of fiduciary duty,
Respondent consented to the issuance of an ORDER by the FDIC.
Upon due consideration, the FDIC determined it had reason to believe
that:
(a) Respondent has engaged or participated in violations of
law and regulations, unsafe or unsound banking practices, and breaches
of fiduciary duty, as an institution-affiliated party of Bank of
Kirksville, Kirksville, Missouri ("Insured Institution");
(b) By reason of such violations, practices, and breaches of fiduciary
duty, the Insured Institution has suffered financial loss and other
damage;
(c) By reason of such violations, practices, and breaches of fiduciary
duty, the interests of the Insured Institution's depositors have been
prejudiced;
(d) By reason of such violations, practices, and breaches of fiduciary
duty, Respondent has received financial gain; and
(e) Such violations, practices, and breaches of fiduciary duty involve
personal dishonesty on the part of Respondent.
The FDIC further determined that such violations, practices, and
breaches of fiduciary duty demonstrate Respondent's unfitness to serve
as a director, officer, person participating in the conduct of the
affairs, or as an institution-affiliated party of any insured
depository institution or any other agency or organization enumerated
in section 8(e)(7)(A) of the Act, 12 U.S.C. §1818(e)(7)(A).
The FDIC, therefore, accepted the CONSENT AGREEMENT and issued the
following:
ORDER OF PROHIBITION FROM FURTHER PARTICIPATION
1. Melissa A. Decker is prohibited from:
[.1]1. (a) participating in any manner in the conduct of the affairs of any
financial institution or organization enumerated in section 8(e)(7)(A)
of the Act, 12 U.S.C. §1818(e)(7)(A);
[.2]2. (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 financial institution enumerated in
section 8(e)(7)(A) of the Act, 12 U.S.C. §1818(e)(7)(A);
(c) violating any voting agreement previously approved by the
appropriate Federal banking agency; or
(d) voting for a director, or serving or acting as an
institution-affiliated party, without the prior written approval of the
FDIC and the appropriate Federal financial institutions regulatory
agency, as that term is defined in section 8(e)(7)(D) of the Act, 12
U.S.C. §1818(e)(7)(D).
2. This ORDER shall be effective immediately upon issuance.
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The provisions of this ORDER will remain effective and
enforceable, except to the extent that, and until such time as, any
provision of this ORDER shall have been modified, terminated,
suspended, or set aside by the FDIC.
Pursuant to delegated authority.
Dated at Washington, D.C., this 6th day of March, 2002.
