On November 22, 2002, the FDIC issued a Notice of Charges seeking to impose civil money
penalties (CMPs) totaling $5.25 million against a group of former officers and directors of CBC.
The Notice of Charges, among other things, alleges that the Chairman of the Board and the bank
president orchestrated certain nominee6 loan schemes, the proceeds of which were used to make
the capital injection through the purchase of common and preferred stock into CBC that
ultimately paid for the acquisition of MTB Bank; refinance nonperforming loans in a nominee
borrower's name; keep nominee loans current or pay them off; and improperly provide funds to
the Chairman and related entities. According to the Notice of Charges, the bank’s directors
approved most of the nominee loans and failed to fulfill their fiduciary responsibilities to CBC.
The FDIC viewed the nominee loan scheme as having had the effect of misleading bank
regulators and CBC depositors as to the true financial condition of CBC, ultimately leading to
CBC's closure.