UNITED BEFORE THE BOARD

STATES

OF AMERICA OF THE FEDERAL D.C. RESERVE SYSTEM

OF GOVERNORS

WASHINGTON,

In the Matter FRED J. SMILEK

of
: : :

Docket

No.

98-010-E-I

A Former Institution-Affiliated Party of CHEMICAL BANK New York, New York A Former State Member Bank

Order of Prohibition Issued Upon Consent Pursuant to the Federal Deposit Insurance Act, As Amended

WHEREAS, Federal 1818(e) Reserve Deposit and

pursuant

to sections Act,

8(e)

and 8(i) (3) of the

Insurance

as amended of Governors

(the I'Actl') (12 U.S.C. of the Federal issues this Order of

(i) (3) 1,

the Board

System

(the "Board

of Governors") against Fred

Prohibition former

(the "Order")

J. Smilek

(“Smilek"), a in section Bank, due 3(u)

institution-affiliated (12 U.S.C. 1813(u)),

party,

as defined

of the Act New York alleged period

of the Chemical State member

New York, to his the

(the t'Bankt'), a former misappropriation

bank,

of approximately of the Bank;

$275,000 and

during

when

he was

an officer

WHEREAS, has consented

by affixing

his signature of this Order

hereunder, by the Board

Smilek of

to the issuance

Governors have

and has waived

any and all rights

he might 263,

otherwise or otherwise: (b) to a to any judicial

pursuant

to 12 U.S.C.

1818 or 12 CFR Part of intent evidence Order;

(a) to the issuance hearing matter review

of a notice

to prohibit; with respect

for the purpose implied of this or set Order

of taking forth

in this

(c) to obtain and (d) to

or any provision in any manner

hereof;

challenge terms,

or contest

the basis, of this

issuance, Order

validity,

effectiveness hereof.

or enforceability

or any

provision

NOW, adjudication without made this

THEREFORE,

before

the taking

of any testimony

or

of or finding Order

on any issue

of fact or law herein; of any allegation with this

constituting

an admission

or implied

by the Board

of Governors

in connection

proceeding; proceeding,

and solely without

for the purpose

of settlement hearings

of this or testimony:

protracted

or extended

IT IS HEREBY (i)(3) and that:

ORDERED,

pursuant

to sections

8(e), Cj)),

(j) of the Act

(12 U.S.C.

1818(e),

(i) (3) and

1. Board

Smilek,

without where

the prior necessary (12 U.S.C.

written pursuant

approval to

of the

of Governors

and,

section

8(e) (7) (B) of the Act

1818(e) (7) (B)), another

Federal

financial

institution from:

regulatory

agency,

is hereby

and

henceforth

prohibited

(a)
the affairs section including or holding of any

Participating institution

in any manner

in the conduct in

of

or agency (12 U.S.C. any insured

specified

8(e) (7) (A) of the Act without company limitation, thereof;

1818(e) (7) (A)), depository institution

lb)
attempting consent, any

soliciting, voting with

procuring, or attempting respect

transferring, to vote any proxy, rights in

to transfer, or authorization described

to any voting

institution without

in section

8(e) (7) (A) of the Act, depository institution

including or holding

limitation, thereof;

any insured

company

(cl
approved by any

violating

any voting agency;

agreement or

previously

federal

banking

(d) institution-affiliated employee, the Act. of any

voting

for a director, such

or serving

as an or

party,

as an officer, in section

director

institution

described

8(e) (7) (A) of

4 2. subject under Smilek Any violation to appropriate 8 of the Act of this Order shall separately penalties or both

criminal

or civil 1818).

section

(12 U.S.C.

3. and shall

This

Order,

and each

and every

provision until

hereof, expressly

is

remain

fully

effective

and enforceable

stayed,

modified,

terminated

or suspended

in writing

by the Board

of Governors.

4. addressed to:

All

communications

regarding

this

Order

shall

be

(a)

Mr. Christopher J. McCurdy Senior Vice President Federal Reserve Bank of New York 33 Liberty Street New York, New York, 10045

(b)

Mr. Fred J. Smilek 50 Columbus Avenue, Tuckahoe, NY 10707

Apt.

711

5. or otherwise

The provisions prevent

of this

Order

shall

not bar, federal

estop or

the Board

of Governors

or any

5

state

agency

or department

from taking

any other

action

affecting

Smilek.

1h /y -

day of*-_

By order of the Board , 1998.

of Governors

effective

this

BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM

c.

F;ed

a&

!

J. Smile'k