_________________________________________ In the Matter of ELIZABETH ANN SENN An Institution Affiliated Party and ) Docket No. 97-0901III Person Participating in the Affairs of the Crossett Paper Mills Employees Federal Credit Union, Crossett, Arkansas _________________________________________
Pursuant
to Section 206(i)(1) of the Federal Credit Union Act, 12 U.S.C.
§1786(i)(1), you are hereby notified that you are prohibited
from participating in any manner in the affairs of any federally
insured credit union. This prohibition results from activities
you engaged in during your affiliation with Crossett Paper Mills
Employees 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. This
Order has been issued based upon the following information.
You pleaded guilty to one count of Title
18, United States Code, Section 657, embezzlement of funds from
a financial institution. You were sentenced on August 7, 1997,
by the U.S. District Court for the Western District of Arkansas,
to imprisonment for twelve months and one day, followed by supervised
release for three years, and ordered to pay restitution in the
amount of $138,697.35. A copy of the Judgment in a Criminal Case,
dated August 11, 1997, is attached to this Order as Attachment
1 and is incorporated by reference herein. Because an appeal
has not been filed within the time specified by the Federal Rules
of Appellate Procedure, your conviction is now final.
The offense of which you were convicted,
embezzlement of funds from a financial institution, was committed
while you were employed as a loan officer at the Crossett Paper
Mills Employees Federal Credit Union of Crossett, Arkansas. The
credit union's manager discovered that you had removed money illegally
from the credit union by forging the names of other members on
loan documents and then forging their endorsements on checks.
When the false loans came due, you either renewed the loans,
made payments if possible, or advanced due dates to hide the delinquency.
The credit union discovered approximately twenty such improper
loans totaling over $154,000. At the time of your criminal actions,
Crossett Paper Mills Employees Federal Credit Union was a federally
chartered credit union.
The offense to which you pleaded guilty involved
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, VA 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 NCUA'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(l) of the Federal Credit Union Act, 12 U.S.C. §1786(l),
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.
This is to certify that I have served the foregoing
Order of Prohibition in the Matter of Elizabeth Ann Senn, by depositing
the same with the U.S. Postal Service, certified mail, return
receipt requested, addressed to Paul S. Rainwater, Esq., Griffin,
Rainwater & Draper, P.O. Box 948, Crossett, AR 71635, attorney
for Ms. Senn.
_Sept. 18, 1997 ___________--S--________________
Date Jon J. Canerday
Trial Attorney
Office of General Counsel