{{7-31-03 p.C-5752}}
[¶12,043] In the Matter of Daniel J. Schmitt, and Hartford-Carlisle Savings Bank,
Carlisle, Iowa, Docket No. 02-088k (5-5-03).
Respondent agrees to pay civil penalty assessed by the FDIC in the
amount of $5,000.
In the Matter of
DANIEL J. SCHMITT,
individually and as an institution-affiliated party of
HARTFORD-CARLISLE SAVINGS BANK
CARLISLE, IOWA
(Insured State Nonmember Bank In Receivership)
ORDER TO PAY CIVIL MONEY PENALTY
FDIC-02-088k
Daniel J. Schmitt ("Respondent") and a representative of the
Legal Division of the Federal Deposit Insurance Corporation
("FDIC") executed a STIPULATION AND CONSENT TO THE ISSUANCE OF AN
ORDER TO PAY CIVIL MONEY PENALTY ("CONSENT AGREEMENT") whereby
Respondent, solely for the purpose of this proceeding and without
admitting or denying any breaches of fiduciary duty for which civil
money penalties may be assessed, consented and agreed to the issuance
of an ORDER TO PAY CIVIL MONEY PENALTY ("ORDER TO PAY") by the
FDIC and agreed to pay a civil money penalty in the amount of $5,000 to
the Treasury of the United States.
After taking into account the CONSENT AGREEMENT, the appropriateness of
the penalty with respect to the financial resources and good faith of
the Respondent, the gravity of the breaches of fiduciary duty by
Respondent, the absence of any previous violations by Respondent, and
such other matters as justice requires, the FDIC accepts the CONSENT
AGREEMENT and issues the following:
ORDER TO PAY CIVIL MONEY PENALTY
IT IS HEREBY ORDERED that by reason of the breaches of fiduciary
duty set forth in paragraph 3 of the CONSENT AGREEMENT, Respondent is
assessed and shall pay a civil money penalty in the amount of $5,000 to
the Treasury of the United States.
IT IS FURTHER ORDERED that Respondent is prohibited from seeking or
accepting indemnification from any insured depository institution (i)
for the civil money penalty assessed and paid in this matter, or
(ii) for any expenses, including attorneys' fees and
disbursements, incurred by Respondent in connection with this matter.
This ORDER TO PAY shall be effective upon issuance.
Pursuant to delegated authority.
Dated at Washington, D.C., this 5th day of May, 2003.