MUR #4806
HAMILTON BANK, N.A.Summary
RESPONDENTS: Hamilton Bank, N.A.; DNC Services Corporation/Democratic National Committee; Diaz, Maria F.; Glicken, Howard; Masferrer, Eduardo A.; Pensky, Carol; Tobias , Andrew
COMPLAINANT: Comptroller of the Currency
SUBJECT: Contributions-National Bank
DISPOSITION: Decided by vote 6-0 to 1. Accept the conciliation agreement with Hamilton Bank, N.A., as recommended in the GC Report dated January 7, 2000 2. Accept the conciliation agreement with DNC Services Corporation/Democratic National Committee and Andrew Tobias, as treasurer, as recommended in the GC Report dated January 7, 2000. 3. Close the file. 4. Approve the appropriate letters, as recommended in the GC Report dated January 13, 2000.
Decided by vote 6-0 to 1. Take no action against Howard M. Glicken and close the file as to him. 2. Take no further action against Eduardo A. Masferrer and Maria F. Diaz and close the file as to them. 3. Enter into pre-probable cause conciliation with Hamilton Bank, N.A. and approve the proposed conciliation agreement, attached to the GC Report dated September 23, 1999; with a modified civil penalty of $5500 (Fifty-Five Hundred Dollars). 4. Enter into pre-probable cause conciliation with the DNC Services Corporation/Democratic National Committee and Andrew Tobias, as treasurer, and approve the proposed conciliation agreement, attached to the GC Report dated September 23, 1999. 5.....................REDACTED....................6. Approve the appropriate letters.
Decided by vote 6-0 to 1. Open a MUR. 2. Find RTB that Eduardo A. Masferrer violated 2 U.S.C. 441b(a). 3. Find RTB that Maria F. Diaz violated 2 U.S.C. 441b(a). 4. Find RTB that Hamilton Bank, N.A., violated 2 U.S.C. 441b(a). 5. Find RTB that DNC Services Corporation/Democratic National Committee and Carol Pensky, as treasurer, violated 2 U.S.C. 441b(a). 6. Reject recommendation number 6 in the GC August 14, 1998 report and instead take no action at this time with respect to Howard M. Glicken. 7. Approve appropriate Factual and Legal Analyses. 8. Approve the proposed Subpoena for Production of Documents and Order to Submit Written Answers to Howard M. Glicken as recommended in the GC August 14, 1998 report. 9. Approve the proposed Order to Submit Written Answers to Hamilton Bank, N.A., as recommended in the GC August 14, 1998 report. 10. Authorize the sample subpoena for depositions to Eduardo A. Masferrer, Maria F. Diaz, Armin G. Seifart and a yet to be determined Hamilton Bank employee, as recommended in the GC August 14, 1998 report. 11. Approve a subpoena for production of relevant documents to the DNC. 12. Approve appropriate letters.
Disposition
| Disposition | Penalty | Respondent | Citation |
|---|---|---|---|
| Conciliation: Pre Probable Cause | $15,000.00 | DNC Services Corporation/Democratic National Committee | 2 U.S.C. §441b(a) |
| Tobias , Andrew | |||
| Conciliation: Pre Probable Cause | $5,500.00 | Hamilton Bank, N.A. | 2 U.S.C. §441b(a) |
| Dismissed-Other | Glicken, Howard | ||
| Reason to Believe Finding/No Further Action | Diaz, Maria F. | 2 U.S.C. §441b(a) | |
| Masferrer, Eduardo A. | 2 U.S.C. §441b(a) |
Documents
Participants
| Relationship | Name |
|---|---|
| Primary respondent | Hamilton Bank, N.A. |
| Previous respondent | DNC Services Corporation/Democratic National Committee |
| Diaz, Maria F. | |
| Glicken, Howard | |
| Masferrer, Eduardo A. | |
| Pensky, Carol | |
| Tobias , Andrew | |
| Complainant | Comptroller of the Currency |
| Respondent's counsel | Barcella, E. Lawrence, Esq. |
| Sandler, Joseph E., Esq. | |
| Shohat, Edward, Esq. |