In the Matter of
Joyce M. Fountain,
An Institution-Affiliated Party and Person
|
Docket No. 99-0402-I |
Pursuant to Section 206(i)(1) of the Federal Credit Union Act, 12 U.S.C. §1786(i)(1), the National Credit Union Administration ("NCUA"), acting through its Regional Director hereby prohibits you from participating in any manner in the affairs of any federally insured credit union. This prohibition results from activities in which you engaged during your affiliation with Wegmans Federal Credit Union. This prohibition is effective immediately upon service. In accordance with Section 206(g)(7)(A) of the Federal Credit Union Act, 12 U.S.C. §1786(g)(7)(A), this Order shall constitute a prohibition from further participation in any manner in the affairs of any federally insured financial institution, or other entity identified therein, without the written permission of the appropriate federal regulatory agency. The NCUA issued this Order based upon the following information:
1. You were convicted on February 25, 1998 of one count Grand Larceny, 2nd degree (theft of property), PL-155.40-01. On April 9, 1998, the County of Monroe Supreme/County Court sentenced you to 5 years probation and ordered you to pay restitution in the amount of $141,645.00. Attached and incorporated by reference herein is a copy of the Criminal History and Disposition Report. (Attachment 1)
2. You committed the offense which forms the basis for your conviction while you were an employee of Wegmans Federal Credit Union. At the time of your criminal actions, Wegmans Federal Credit Union was a federally-chartered credit union.
3. The offense to which you were convicted involves personal dishonesty and breach of trust. Your continued participation in the affairs of any federally insured credit union may pose a threat to the interests of credit union members and may threaten to impair public confidence in the credit union involved.
Pursuant to Section 206(i)(3), of the Federal Credit Union Act,
12 U.S.C. §1786(i)(3), you may request in writing, within
thirty days of service of this Order, an opportunity for a hearing
at which you may present evidence and argument that your continued
participation in the affairs of any federally insured credit union
would not, or would not be likely to, pose a threat to the interests
of that credit union's members or threaten to impair public confidence
in the credit union. Any such request should be sent to: Secretary
of the Board, National Credit Union Administration, 1775 Duke
Street, Alexandria, Virginia 22314-3428. This hearing will be
held in the Washington, D.C. metropolitan area, or such other
place as designated by the Board, in accordance with Subpart D
of Part 747 of National Credit Union Administration's Rules and
Regulations, 12 C.F.R. §747.301 et. seq.
Pursuant to Section 206(k)(2) of the Federal Credit Union Act,
12 U.S.C. §1786(k)(2), any violation of this Order may subject
you to a Civil Money Penalty of up to $1,000,000.00 a day for
each day said violation continues. In addition, pursuant to Section
206(I) of the Federal Credit Union Act, 12 U.S.C. §1786(I),
any violation of this Order is a felony offense that is punishable
by imprisonment of up to five years and a fine of up to $1,000,000.00.
Dated this 14th day of April, 1999.
National Credit Union Administration
by
Anthony LaCreta
Acting Regional Director, Region I
National Credit Union Administration