IN THE MATTER OF Paul Anken a person participating in  the affairs of B.T.A. Federal Credit Union   Rochester, NY

Docket No. 99-11-01-I

WHEREAS, Paul Anken, former Manager of B.T.A. FCU (Credit Union), was a institution-

affiliated party participating in the affairs of said credit union; and

WHEREAS, Paul Anken has executed a Stipulation and Consent to Issuance of Order of

Prohibition, which is accepted and approved by the National Credit Union Administration acting

through its counsel; and

WHEREAS, Paul Anken in the Stipulation, has consented and agreed 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 National Credit Union Administration's Rules and Regulations,

12 C.F.R. §747;
 

NOW, THEREFORE, IT IS ORDERED THAT:

1.  Paul Anken is prohibited from further participation, in any manner, in the conduct of the

affairs of any federally insured credit union.
 

2. Without the prior written approval of the National Credit Union Administration Board and, if

applicable, the appropriate federal financial institutions regulatory agency, Paul Anken may not

participate in any manner in the affairs of any institution(s) or other entity set forth in Section

206(g)(7)(A) of the Federal Credit Union Act, 12 U.S.C. §1786(g)(7)(A).
 

3. The Stipulation and Consent to Issuance of this Order of Prohibition, dated November 2, 1999,

is made a part hereof and is incorporated herein by this reference.
 

4. This Order of Prohibition shall become effective on the date it is issued.
 

DATE:    11-9-99
 

                    NATIONAL CREDIT UNION ADMINISTRATION BOARD
 

                    BY:_________/S/________________________
                            Anthony J. LaCreta
                            Acting Regional Director, Region I, Albany
                            National Credit Union Administration
 

 
 

IN THE MATTER OF Paul Anken a person participating in  the affairs of B.T.A. Federal Credit Union   Rochester, NY

Docket No. 99-11-01-I

The National Credit Union Administration (NCUA), by and through its undersigned counsel, and

Paul Anken, hereby stipulate and agree as follows:

1.  Consideration. The NCUA, based upon information reported to it, is of the opinion that

grounds exist to initiate an administrative prohibition / civil money penalty proceeding against

Paul Anken pursuant to Sections 206(g) and 206(k)(2) of the Federal Credit Union Act,

12 U.S.C. §1786(g), (k)(2). Paul Anken denies that such grounds exist, but desires to avoid the

time, cost and expense of such administrative litigation and, without admitting that such grounds

exist, hereby stipulates and agrees to the following terms in consideration of the forbearance of

the NCUA from initiating such administrative litigation against him.

2.  Jurisdiction.
 

            (a) B.T.A. FCU, (Credit Union), was at all relevant times a federally insured credit union

as that term is defined in Section 101(7) of the Federal Credit Union Act, 12 U.S.C.§1752(7).
 

            (b) Paul Anken, as Manager of the Credit Union, was an institution-affiliated party as that

term is defined in Section 206(r) of the Federal Credit Union Act, 12 U.S.C. §1786(r).
 

            (c) Pursuant to Sections 206(g), (k)(1) of the Federal Credit Union Act, 12 U.S.C.

§1786(g), (k)(1) and Part 747 of the National Credit Union Administration's Rules and

Regulations, 12 C.F.R. Part 747, the NCUA is empowered to maintain enforcement proceedings

against federally insured credit unions and institution-affiliated parties. Paul Anken is subject to

the authority of NCUA to initiate and maintain an administrative action against him.
 

3.  Consent. Paul Anken consents to the issuance by the Board of the NCUA 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 law.
 

4.  Cooperation. Paul Anken agrees to cooperate fully with any NCUA investigation into

activities at Credit Union, including but not limited to, providing full and complete answers to

questions by NCUA in connection therewith.
 

5.  Waivers. Paul Anken waives his right to a Notice of Prohibition and administrative hearing

as 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.

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 National Credit Union Administration

Board, it shall be a final order, immediately effective and fully enforceable by the National

Credit Union Administration.

7. Other federally insured financial institutions. In accordance with Section 206(g)(7)(A) of the

Federal Credit Union Act, 12 U.S.C. §1786(g)(7)(A), the Order of Prohibition 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

NCUA Board and the appropriate federal financial institutions regulatory agency.
 

            WHEREFORE, in consideration of the foregoing, the undersigned counsel, on behalf of

the National Credit Union Administration, and Paul Anken execute this Stipulation and Consent

to Issuance of Order of Prohibition.
 
 

By:   _________________________                                   ___________/S/___________
        NATIONAL CREDIT UNION                                   PAUL ANKEN
        ADMINISTRATION
 

Date:  ____11/2/99________                                                Date:             10/26/99