Home > Regulation & Examinations > Bank Examinations > FDIC Enforcement Decisions and Orders |
|||
FDIC Enforcement Decisions and Orders |
|
Officer prohibited from acting as an institution-affiliated party of Bank and from participation in the conduct of the affairs of any insured institution.
[.2] Prohibition, Removal, or SuspensionProhibitionService as an Institution-Affiliated Party of Bank
[.3] Prohibition, Removal, or SuspensionProhibitionService as an Institution-Affiliated Party of Any Insured Institution
[.4] Prohibition, Removal, or SuspensionProhibitionExercise of Voting Rights
In the Matter of
I. DECISION
This proceeding, brought by the Federal Deposit Insurance Corporation ("FDIC"), seeks removal of Paul J. Pluhacek ("Re-
{{8-31-91 p.A-1540.17}}spondent"), individually and as an officer and as a person participating in the conduct of the affairs of Mancos Valley Bank, Mancos, Colorado (the "Bank"), for allegedly misappropriated bank funds for his personal use.
II. Regulatory Provisions
[.1] Section 308.21(a)(1) of the FDIC Rules and Regulations provides: "Every Respondent shall file an answer with the Executive Secretary within twenty days after service of the Notice . . ."
III. Conclusion
For the reasons set forth above, the Executive Secretary hereby adopts and incorporates by reference the allegations contained in the Notice and enters the following Order of Prohibition From Further Participation.
ORDER OF PROHIBITION FROM
The Executive Secretary has reviewed the record in this proceeding and finds that Respondent has failed to file an Answer as required by section 308.21(a). Pursuant to section 308.21(d), Respondent has waived the right to contest the allegations of the Notice of Intention to Prohibit From Further Participation and those allegations are
{{5-31-91 p.A-1541}}deemed admitted. Therefore, Respondent has admitted that he has engaged in acts which constituted unsafe and unsound banking practices, breached his fiduciary duty, demonstrated a willful or continuing disregard for the safety and soundness of the Bank, evidenced personal dishonesty, and caused a loss to the Bank. This conduct evidences Respondent's unfitness to participate in the affairs of the Bank or any other depository institution insured by the FDIC. Accordingly, it is hereby ORDERED that:
[.2] 1. Paul J. Pluhacek is prohibited from serving or acting as an institution-affiliated party of Mancos Valley Bank, Mancos, Colorado, without the prior written approval of the FDIC.
[.3] 2. Paul J. Pluhacek is prohibited from serving or acting as an institution-affiliated party and/or from participating in any manner in the conduct of the affairs of any of the institutions or agencies, listed herein, without the prior written consent of the FDIC and of the appropriate Federal financial institutions regulatory agency pursuant to the provisions of section 8(e)(7) of the Federal Deposit Insurance Act, 12 U.S.C. §1818(e)(7):
|
|
Last Updated 6/6/2003 | legal@fdic.gov |
Home Contact Us Search Help SiteMap Forms Freedom of Information Act (FOIA) Service Center Website Policies USA.gov |
FDIC Office of Inspector General |