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[¶11,951] In the Matter of First Mariner Bank, Baltimore, Maryland, Docket No.
02-076k (7-15-02).
Respondent agrees to pay civil money penalty assessed by the FDIC in
the amount of $7,000.
In the Matter of
FIRST MARINER BANK
BALTIMORE, MARYLAND
(Insured State Nonmember Bank)
ORDER TO PAY CIVIL MONEY PENALTY
FDIC-02-076k
FIRST MARINER BANK, Baltimore, Maryland ("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 the Respondent
pursuant to section 8(i)(2) of the Federal Deposit Insurance
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Act ("Act"), 12 U.S.C. §1818(i)(2), section 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 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 $7,000,
related to its inaccurate submission of the application and loan data
for calendar years 1999 and 2000 as required by 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 $7,000 is appropriate to
be assessed against the Respondent pursuant to section 8(i)(2) of the
Act, 12 U.S.C. §1818(i)(2).
After taking into account said AGREEMENT, the appropriateness of the
penalty with respect to the financial resources and good faith of the
Bank, the gravity of the violations by the Bank, the history of
previous violations by the Bank, and such other matters as justice may
require.
The FDIC, therefore, accepted the AGREEMENT and issued the following:
ORDER TO PAY CIVIL MONEY PENALTY
IT IS HEREBY ORDERED that the Respondent be, and hereby is,
assessed a civil money penalty of $7,000 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 at Washington, D.C., this 15th day of July, 2002.