| In the Matter of
Terry Seymour
Former manager of
|
Docket No. 99-0301-VI |
WHEREAS, Terry Seymour has executed a Stipulation and
Consent to Issuance of an Order of Prohibition which is accepted
and approved by the National Credit Union Administration Board;
and
WHEREAS, Terry Seymour in the Stipulation has consented
and agreed to the issuance of this Order of Prohibition pursuant
to Section 206 of the Federal Credit Union Act, 12 U.S.C. §1786
and Part 747 of the National Credit Union Administration Rules
and Regulations,12 C.F.R. Part 747, et seq.
NOW THEREFORE IT IS ORDERED THAT:
1. Terry Seymour is an institution-affiliated party in that
she is the former manager of the Safeway Federal Credit Union,
Butte, Montana.
2. The Stipulation and Consent to Issuance of Order of prohibition
is made a part hereof and incorporated herein by reference.
3. Terry Seymour is prohibited from participating in any manner
in the conduct of the affairs of any federally insured credit
union and any other institution as defined in 12 U.S.C. §1786
(g)(7).
4. This Order of Prohibition shall be effective on the date
it is issued.
NATIONAL CREDIT UNION ADMINISTRATION BOARD
by Delegated Authority
_____________________________________________
Jane Walters
Regional Director, Region VI
Dated: March 29, 1999
| In the Matter of
Terry Seymour
Former manager of
|
Docket No. 99-0301-VI |
Terry Seymour, former manager of Safeway Federal Credit Union,
Butte, Montana, and the National Credit Union Administration Board
("NCUAB"), acting by and through its undersigned counsel,
hereby make this Stipulation and Consent to Issuance of an Order
of Prohibition ("Stipulation").
Terry Seymour and NCUAB hereby stipulate and agree as follows:
1. Consideration. The NCUAB is of the opinion that grounds
exist to initiate an administrative prohibition against Terry
Seymour pursuant to Section 206 of the Federal Credit Union Act,
12 U.S.C. §1786. Terry Seymour, without admitting 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, Terry Seymour consents to the issuance
by the NCUAB of an Order of Prohibition ("Order") in
consideration of the settlement, compromise and resolution of
all potential administrative claims and charges that have been
brought or might be asserted by NCUAB against her arising out
of her former position as manager of Safeway Federal Credit Union.
2. Jurisdiction.
(a) Terry Seymour 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 NCUAB 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, NCUAB is an appropriate Federal agency to maintain
enforcement proceedings against an institution-affiliated party.
Accordingly, Terry Seymour admits to the jurisdiction of the
NCUAB over her and over the subject matter of this action.
3. Consent. Terry Seymour, without making any admission
of fault, consents to the issuance by the NCUAB of the accompanying
Order and agrees to comply with all of its terms upon issuance.
The Order complies with all requirements of the law, and issues
pursuant to Section 206(g) of the Federal Credit Union Act, 12
U.S.C. §1786(g). The construction and validity of this Stipulation
and the Order shall be governed by the laws of the United States
of America, and the section and paragraph headings shall not effect
the interpretation of the Stipulation and Order.
4. Waivers. Terry Seymour waives her 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). She further waives her right
to seek judicial review of the Order of Prohibition or otherwise
challenge the validity or legality of the Order.
5. 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 NCUAB, it shall be a final Order, effective
and fully enforceable by the NCUAB.
6. Other Actions. Pursuant to this stipulation, Terry Seymour hereby agrees that the Order is solely for the purpose of settling and resolving NCUAB's claims against her. Execution of this Stipulation by Terry Seymour is limited to the issuance by the NCUAB of the accompanying Order of Prohibition and does not constitute an admission of any violation of the Federal Credit Union Act, or any other statute, regulation, right, duty or obligation, for any purpose whatsoever. Furthermore, Terry Seymour and NCUAB agree that this Stipulation shall not be evidential for any purpose in any other proceeding that may arise in connection with her former affiliation with Safeway Federal Credit Union.
WHEREFORE, in consideration of the foregoing, the undersigned,
on behalf of the National Credit Union Administration, and Terry
Seymour, execute this Stipulation and Consent to Issuance of Order
of Prohibition.
NATIONAL CREDIT UNION ADMINISTRATION
By: _______________________ _______________
Paul T. Sosnowski Date
Trial Attorney
Office of General Counsel
_________________________ _______________
Terry Seymour, former manager Date
Safeway Federal Credit Union
(Notary Seal) ____________________
Notary Public
| In the Matter of
Terry Seymour
Former manager of
|
Docket No. 99-0301-VI |
I, Paul T. Sosnowski, Trial Attorney, for the National Credit
Union Administration, hereby certify that on March 30, 1999, a
true copy of the National Credit Union Administration Board's
Order of Prohibition in the above matter, was sent by Federal
Express Overnight Delivery and U.S. First Class mail to:
J. Kim Schulke, Esquire
Attorney for Terry Seymour
Linnell, Newhall, Martin & Schulke, P.C.
P. O. Box 2629 (59403)
300 Central Avenue
Great Falls, Montana 59401
_____________________________
Paul T. Sosnowski, Esquire
NCUA, Office of General Counsel
1775 Duke Street, 6th Floor
Alexandria, VA 22314
Telephone: (703) 518-6548
Facsimile: (703) 518-6569