[¶12,337] In the Matter of John D. Mayes, Heritage Community Bank, Danville, Kentucky, Docket No. 04-204b (12-16-04).

Respondent agrees to pay restitution in the amount of $22,141.63.

In the Matter of
JOHN D. MAYES,
individually, and as an institution-affiliated party of
HERITAGE COMMUNITY BANK
DANVILLE, KENTUCKY
(Insured State Nonmember Bank)
ORDER FOR RESTITUTION

FDIC-04-204b

John D. Mayes ("Respondent"), having been advised of the right to a NOTICE OF CHARGES AND OF HEARING detailing the unsafe or unsound banking practices alleged to have been committed by the Respondent, for which an Order for Restitution may be issued, and having been advised of the right to a hearing on the charges under section 8(b) of the Federal Deposit Insurance Act ("Act"), 12 U.S.C. §1818(b), and having waived those rights, entered into a STIPULATION AND CONSENT TO THE ISSUANCE OF AN ORDER FOR RESTITUTION ("CONSENT AGREEMENT"), with counsel for the Federal Deposit Insurance Corporation ("FDIC"), dated October 1, 2004, whereby, solely for the purpose of this proceeding and without admitting or denying any unsafe or unsound practices, the Respondent consented to the issuance of an ORDER FOR RESTITUTION ("ORDER") by the FDIC.

The FDIC considered the matter and determined that it had reason to believe that the Respondent had engaged in unsafe or unsound practices, and that the Respondent was unjustly enriched in connection with such practices, and that Respondent should be required to make restitution to the Bank to correct or remedy the conditions resulting from such practices. The FDIC, therefore, accepted the CONSENT AGREEMENT and issued the following:

ORDER FOR RESTITUTION

IT IS HEREBY ORDERED, that the Respondent shall pay restitution of $22,141.63 to Heritage Community Bank, Danville, Kentucky ("Bank"). In addition, the Respondent shall provide the Regional Director of the Chicago Regional Office of the FDIC with the written confirmation from the Bank of its receipt of the above-referenced restitution payment.

IT IS FURTHER ORDERED, that the Respondent is prohibited from seeking or accepting indemnification from the Bank or from any other insured depository institution for the restitution paid under the terms of this ORDER or any other expenses, including attorney fees and disbursements incurred by the Respondent, in connection with this matter.

This ORDER shall be effective upon its issuance by the FDIC.

The provisions of this ORDER shall remain effective and enforceable except to the extent that, and until such time as, any provisions of this ORDER shall have been modified, terminated, suspended, or set aside by the FDIC.

Pursuant to delegated authority.

Dated this 16th day of December, 2004.