{{5-31-04 p.C-6019}}
[¶12,162] In the Matter of Roger A. Flax, Citizens State Bank, Morland, Kansas,
Docket No. 03-209k (03-09-04).
Respondent agrees to pay civil money penalty assessed by the FDIC in
the amount of $7,500.
{{5-31-04 p.C-6020}}
In the Matter of
ROGER A. FLAX,
individually and as a former institution-affiliated party of
CITIZENS STATE BANK
MORLAND, KANSAS
(Insured State Nonmember Bank)
ORDER TO PAY CIVIL MONEY PENALTY
FDIC-03-209k
Roger A. Flax ("Respondent") has been advised of his right
to receive a NOTICE OF ASSESSMENT OF CIVIL MONEY PENALTY, FINDINGS OF
FACT, AND CONCLUSIONS OF LAW ("NOTICE OF ASSESSMENT") issued by
the Federal Deposit Insurance Corporation ("FDIC"), stating the
violations of law and regulations for which an ORDER TO PAY CIVIL MONEY
PENALTY ("ORDER TO PAY") may be issued. Respondent has been
further advised of his right to a hearing on the charges under section
8(i)(2) of the Federal Deposit Insurance Act ("Act"), 12 U.S.C.
§ 1818(i)(2), 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 TO PAY CIVIL MONEY
PENALTY ("CONSENT AGREEMENT") whereby Respondent, solely for the
purpose of this proceeding and without admitting or denying any
violations of law and regulations, consented to the issuance of an
ORDER TO PAY by the FDIC and agreed to pay a civil money penalty in the
amount of $7,500, 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
Respondent, the gravity of the violations by Respondent, the history of
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 Respondent is assessed and shall pay a
civil money penalty in the amount of $7,500, to the Treasury of the
United States, the receipt of which has been previously acknowledged.
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 shall be effective upon its issuance.
Pursuant to delegated authority.
Dated this 9th day of March, 2004.