XVII.NOTICE OF ASSESSMENT OF CIVIL MONEY PENALTIES

 	355. Based upon the allegations set forth in paragraphs 114 through 117 
and paragraphs 330 and 331, The OTS issued this Notice of Assessment of 
Civil Money Penalties, pursuant to the provisions of 12 U.S.C. 
1467a(i)(2)(B) (1988 & Supp. II 1990); 12 U.S.C. 1730a(j)(4) (1988), 
repealed by FIRREA, 103 Stat. 183, 356; and Section 401(f) of FIRREA, 12 
U.S.C. 1467 note (1988 Supp. II 1990). The civil money penalty is 
assessed and will be collected in the manner provided by 12 U.S.C. 
1818(i)(2)(E), (F), (G) and (I) (1988 & Supp. II 1990), made applicable 
to this action by 12 U.S.C. 1467a(i)(2)(B) (1988 & Supp. II 1990).
 	356. Respondents MAXXAM, Federated, Hurwitz and Gross' conduct, as set 
forth in the Notice of Charges and the Notice of Assessment, justifies 
the imposition of Civil Money Penalties in the following amounts: 

	Respondent	Amount
 	MAXXAM		$199,800
 	Federated	$199,800
 	Hurwitz		$199,800
 	Gross	     	$199,800

 	357. The OTS, pursuant to the	aforementioned authorities and having 
taken into account the appropriateness of the penalty with respect to the 
size of financial resources and good faith of the Respondents against 
whom a civil money penalty is assessed, the gravity of their violations, 
their history of previous violations and such other matters as justice 
may require, assesses the Civil Money Penalties in the amounts stated in 
the preceding paragraph.
 	358. As set forth paragraphs 330 and 331, and pursuant to the 
provisions of 12 U.S.C. ¤ 1818(i) (1988 &: Supp. IV 1992), the OTS 
charges that Respondents engaged in unsafe and unsound practices, 
violations of law, and breaches of fiduciary duty and knowingly or 
recklessly caused a substantial loss to USAT or substantial pecuniary 
gain to themselves.
 	359. Respondents Berner and Munitz' conduct, as set forth in the Notice 
of Charges and the Notice of Assessment, justifies the imposition of 
Civil Money Penalties in the following amounts:

 	Respondent	Amount
 	Berner		$20,173
 	Munitz		$20,173

 	360. Based upon the foregoing conduct, and considering numerous 
factors, including, among others, the gravity of the violations, the 
amount of loss caused to USAT, the willfulness of the violations and 
practices, the good faith or lack thereof, and the Respondents' financial 
resources, the OTS assesses Second Tier Civil Money Penalties pursuant to 
12 U.S.C. ¤ 1818(i)(2)(c) and (i)(2)(d) (1988 & Supp. 1992) in the 
amounts stated in the preceding paragraph.