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[¶12,103] In the Matter of Aida S. Moreno, International Bank of Commerce,
Laredo, Texas, Docket Nos. 02-195e, 03-011k (10-1-03).
Respondent is 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. Respondent also agrees to pay civil
money penalty assessed by the FDIC in the amount of $5,000.
[.1] Prohibition, Removal, or SuspensionProhibition FromParticipation Conduct of Affairs
[.2] Prohibition, Removal, or SuspensionProhibition FromVoting Rights, exercise of
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In the Matter of
AIDA S. MORENO,
individually, and as an
institution-affiliated party of
INTERNATIONAL BANK OF COMMERCE
LAREDO, TEXAS
(Insured State Nonmember Bank)
ORDER OF PROHIBITION FROM FURTHER PARTICIPATION AND CIVIL MONEY PENALTY
FDIC-02-195e
FDIC-03-011k
Aida S. Moreno ("Respondent") has been advised of the
right to receive a NOTICE OF INTENTION TO PROHIBIT FROM FURTHER
PARTICIPATION ("NOTICE") issued by the Federal Deposit Insurance
Corporation ("FDIC") detailing the violations, unsafe or unsound
banking practices, and/or breaches of fiduciary duty for which an ORDER
OF PROHIBITION FROM FURTHER PARTICIPATION AND CIVIL MONEY PENALTY
("ORDER") may issue, and has been further advised of the right to
a hearing on the alleged charges under sections 8(e) and 8(i) of the
Federal Deposit Insurance Act ("Act"), 12 U.S.C. §§ 1818(e)
and (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 OF PROHIBITION FROM
FURTHER PARTICIPATION and a STIPULATION AND CONSENT TO THE ISSUANCE OF
AN ORDER TO PAY ("CONSENT AGREEMENTS") 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, unsafe or
unsound banking practices, and/or for breaches of fiduciary duty, the
Respondent consented to the issuance of an ORDER by the FDIC.
The FDIC considered the matter and determined it had reason to believe
that:
(a) The Respondent has engaged or participated in violations,
unsafe or unsound banking practices, and/or breaches of fiduciary duty
as an institution-affiliated party of International Bank of Commerce,
Laredo, Texas ("Bank");
(b) By reason of such violations, practices and/or breaches of
fiduciary duty, the Bank has suffered financial loss or other damage,
the interests of the Bank's depositors have been prejudiced, and the
Respondent received financial gain; and
(c) Such violations, practices and/or breaches of fiduciary duty on the
part of the Respondent demonstrate the Respondent's willful and/or
continuing disregard for the safety or soundness of the Bank.
The FDIC further determined that such violations, practices and/or
breaches of fiduciary duty demonstrate the Respondent's unfitness to
serve as a director, officer, person participating in the conduct of
the affairs or as an institution-affiliated party of the Bank, any
other 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). Furthermore, the FDIC, after taking into account the
CONSENT AGREEMENTS, the appropriateness of the penalty with respect to
the financial resources and good faith of the Respondent, the gravity
of the alleged violations by the Respondent, the history of previous
violations by the Respondent, and such other matters as justice may
require, the FDIC accepted the CONSENT AGREEMENTS and issued the
following:
ORDER OF PROHIBITION FROM FURTHER PARTICIPATION AND CIVIL MONEY PENALTY
1. Aida S. Moreno is hereby, 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), prohibited from:
[.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] (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; and
(d) voting for a director, or serving or acting as an
institution-affiliated party.
2. (a) Aida S. Moreno is hereby assessed a penalty of $5,000,
payable in certified
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funds, to the order of the Treasury of the United
States; and
(b) Respondent is further prohibited from seeking or accepting
indemnification from any insured depository institution for the civil
money penalty assessed and paid in this matter.
3. This ORDER will become effective ten (10) days after its issuance.
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 this 1st day of October, 2003.