In the Matter of
Roy D. Allen,
Former Board President of General Foam
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Docket No. 98-1101-II |
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 General Foam 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. The NCUA issued this Order based upon the following information:
1. You pleaded guilty to three counts of Title 18, United States Code, Section 657, misapplication and embezzlement of credit union funds. On December 29, 1997, the U.S. District Court for the Middle District of Pennsylvania sentenced you to 30 months in prison followed by probation for five years on each count to be served concurrently and to pay restitution in the amount of $10,000 to the Clerk, U.S. District Court for disbursement to CUNA Mutual Group ($5,000) and General Foam Employees Federal Credit Union (now Choice One Federal Credit Union)($5,000). Attached and incorporated by reference herein is a copy of the Judgment in a Criminal Case, dated December 29, 1997. (Attachment 1)
2. You committed the offenses which form the basis for your conviction while you were board president of General Foam Employees Federal Credit Union. At the time of your criminal actions, General Foam Employees Federal Credit Union was a federally-chartered credit union.
3. The offenses to which you pleaded guilty involve 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 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 day of November, 1998
National Credit Union Administration
by
Tawana J. James
Regional Director, Region II
National Credit Union Administration