UNITED STATES OF AMERICA
NATIONAL CREDIT UNION ADMINISTRATION
NATIONAL CREDIT UNION ADMINISTRATION BOARD

 
 
 
IN THE MATTER OF 

Andrew H. Ellmer,

Former Treasurer/Manager of 
EDNAT Employees Federal Credit Union,
Edison, New Jersey.

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