106 STAT. 4052 PUBLIC LAW 102-550—OCT. 28, 1992 63 of title 31, United States Code, and such violation was not inadvertent or unintentional; "(ii) an officer or director of an insured depository institution has knowledge that an institution-affiliated party of the insured depositoiy institution has violated any such provision or any provision of law referred to in subsection (g)(l)(A)(ii); or "(iii) an officer or director of an insured depository institution has committed any violation of the Depository Institution Management Interlocks Act, the agency may serve upon such party, officer, or director a written notice of the agenc/s intention to remove such partyfromoffice. ^(B) FACTORS TO BE CONSIDERED.—In determining whether an officer or director should be removed as a result of the application of subparagraph (A)(ii), the agency shall consider whether the officer or director took appropriate action to stop, or to prevent the recurrence of, a violation described in such subparagraph.". (2) CERTAIN FELONY CHARGES.— Section 8(g)(l) of the Federal Deposit Insurance Act (12 U.S.C. 1818(g)(l)) is amended to read as follows: "(1) SUSPENSION OR PROHIBITION. —
- (A) IN GENERAL. —Whenever any institution-af&liated
party is charged in any information, indictment, or complaint, with the commission of or participation in— "(i) a crime involving dishonesty or breach of trust which is punishable by imprisonment for a term exceeding one year under State or Federal law, or "(ii) a criminal violation of section 1956, 1957, or 1960 of title 18, United States Code, or section 5322 of title 31, United States Code, the appropriate Federal banking agency may, if continued service or participation by such party may pose a threat to the interests of the depository institution's depositors or may threaten to impair public confidence in the depository institution, by written notice served upon such party, suspend such party from office or prohibit such party frt>m further participation in any manner in the conauct of the affairs of the depository institution. "(B) PROVISIONS APPLICABLE TO NOTICE.—
- (i) COPY.— A copy of any notice under subpara-
^aph (A) shall also be served upon the depository institution. "(ii) EFFECTIVE PERIOD.—A suspension or prohibition under subparagraph (A) shall remain in effect until the information, indictment, or complaint referred to in such subparagraph is finally disposed of or until terminated by the agency. "(C) REMOVAL OR PROHIBITION. — "(i) IN GENERAL.— If a judgment of conviction or an agreement to enter a pretrial diversion or other similar program is entered against an institution-affiliated party in connection with a crime described in subparagraph (A)(i), at such time as such judgment is not subject to further appellate review, the appropriate Federal banking agency may, if continued serv-
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