UNITED
STATES OF AMERICA NATIONAL CREDIT UNION ADMINISTRATION NATIONAL
CREDIT UNION ADMINISTRATION BOARD ______________________________ IN
THE MATTER OF )
) John Humpage
) Former Collection Manager of ) DOCKET
NO. 01-1001-V Santa Fe Credit Union,
) Topeka, Kansas ) ______________________________)
ORDER
OF PROHIBITIONWHEREAS, John Humpage, former collection
manager of Santa Fe Credit Union (“Credit Union”), is an “institution-affiliated
party” participating in the affairs of said credit union; and WHEREAS,
John Humpage has executed a Stipulation and Consent to Issuance of an Order of
Prohibition, which is accepted and approved by the National Credit Union Administration
acting through its counsel; and WHEREAS, John Humpage
has stipulated and consented to the issuance of this Order of Prohibition pursuant
to Section 206(g) of the Federal Credit Union Act, 12 U.S.C. §1786(g) and Part
747 of the Nation Credit Union Administration Rules and Regulations, 12 C.F.R.
§747. NOW, THEREFORE, IT IS ORDERED THAT: 1.
John Humpage is prohibited from further participation, in any manner, in
the conduct of the affairs of any federally insured credit union and any other
institution as defined in Section 206(g)(7) of the Federal Credit Union Act, 12
U.S.C. §1786(g)(7). 2.
The Stipulation and Consent to Issuance of this Order of Prohibition is
made a part hereof and is incorporated herein by reference. This
Order of Prohibition shall become effective on the date it is issued. NATIONAL
CREDIT UNION ADMINISTRATION BOARD BY:
/s/ Jane
Walters, Regional Director National Credit Union Administration,
Region V DATE: 10-31-01
UNITED STATES OF AMERICA NATIONAL CREDIT
UNION ADMINISTRATION NATIONAL CREDIT UNION ADMINISTRATION BOARD______________________________ IN
THE MATTER OF )
) John Humpage
) Former Collection Manager of ) DOCKET
NO. 01-1001-V Santa Fe Credit Union,
) Topeka, Kansas ) ______________________________) STIPULATION
AND CONSENT TO ISSUANCE OF AN ORDER OF PROHIBITION The
National Credit Union Administration Board (“NCUA BOARD”), by and through its
undersigned counsel, and John Humpage, former collection manager of Santa Fe Credit
Union, Topeka, Kansas hereby stipulate and agree as follows: 1.
Consideration. The National Credit Union Administration (“NCUA”)
is of the opinion that grounds exist to initiate an administrative prohibition
against John Humpage pursuant to Section 206 of the Federal Credit Union Act,
12 U.S.C. §1786. John Humpage, without admitting or denying that said grounds
exist (except those set forth as to Jurisdiction in paragraph 2), desires to avoid
the time, cost and expense of administrative litigation. Accordingly, John Humpage
consents to the issuance by the NCUA Board of an Order of Prohibition (“Order”)
and hereby stipulates and agrees to the following terms in consideration of the
settlement, compromise and resolution of all potential administrative claims and
charges that have been or might be asserted by the NCUA Board against John Humpage
arising out of his position as collection manager of Santa Fe Credit Union. 2.
Jurisdiction. (a) John Humpage is an “institution-affiliated party”
within the meaning of Section 206(r) of the Federal Credit Union Act, 12 U.S.C.
§1786(r). (b) Pursuant to the authority vested in the NCUA Board under Section
206(g) of the Federal Credit Union Act, 12 U.S.C. §1786(g), and Part 747 of the
National Credit Union Administration Rules and Regulations, it is an appropriate
Federal agency to maintain enforcement proceedings against an “institution-affiliated
party”. Therefore, John Humpage is subject to the authority of the National Credit
Union Administration to initiate and maintain prohibition proceedings against
him. 3. Consent. John Humpage consents to the issuance by the
NCUA Board of the accompanying Order of Prohibition. He further agrees to comply
with its terms upon issuance and stipulates that the Order complies with all requirements
of the Federal Credit Union Act. 4. Waivers. John Humpage waives
his right to the administrative hearing provided for in Section 206(g)(4) of the
Federal Credit Union Act, 12 U.S.C. §1786(g)(4). He further waives his right
to seek judicial review of the Order of Prohibition or to otherwise challenge
the validity or legality of the Order. 5. Other Actions. Pursuant
to this Stipulation, the Order settles and resolves any NCUA Board claims, known
and unknown, against John Humpage as provided by paragraph 1 of this Stipulation.
The Stipulation, however, does not release, discharge, compromise, settle, resolve
or in any way effect any actions, claims, charges against, or liabilities that
arise and that may be or have been brought by Santa Fe Credit Union, or any federal
or state government agency or entity other than the NCUA Board. 6.
Finality. The Order of Prohibition is issued pursuant to Section 206(g)
of the Federal Credit Union Act, 12 U.S.C. §1786(g). Upon its issuance by the
NCUA Board, it shall be a final Order, immediately effective and fully enforceable
by the National Credit Union Administration.
WHEREFORE,
in consideration of the foregoing, the undersigned counsel on behalf of the National
Credit Union Administration, and John Humpage execute this Stipulation and Consent
to Issuance of an Order of Prohibition. By: ____________/s/_____________________
___10/29/01____ Kathy
Sachen-Gute, Trial Attorney
Date Office of General Counsel
____________/s/_____________________ ___10-23-01
___ John Humpage
Date |