IN THE MATTER OF
Andrew H. Ellmer, Former Treasurer/Manager of
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No. 99-0803-II |
ORDER OF PROHIBITION
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 EDNAT 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 embezzlement. You were sentenced on June 22,
1999, by the U.S. District Court for the District of New Jersey, to five years of probation and
ordered to pay restitution in the amount of $35,074.63 to EDNAT Employees Federal Credit
Union. A copy of the Judgment in a Criminal Case, signed June 22, 1999, is attached to this
Order as Attachment 1 and is incorporated by reference herein.
The offense of which you were convicted, embezzlement, was committed while you were
the treasurer/manager of EDNAT Employees Federal Credit Union located in Edison, New
Jersey. At the time of your criminal actions, EDNAT Employees Federal Credit Union was
a federally-insured credit union.
The offense to which you pleaded guilty 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.
NOTICE OF HEARING
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 the National Credit Union Administration's Rules
and Regulations, 12 C.F.R. §747.301 et. seq.
PENALTY FOR VIOLATION OF ORDER OF PROHIBITION
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 11th day of August, 1999.
National Credit Union Administration
by
Tawana Y. James
Regional Director, Region II
National Credit Union Administration