In the Matter of
Ellis R. Jackman
An Institution Affiliated Party and
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Docket No. 99-0201-VI |
WHEREAS, Ellis R. Jackman has executed a Stipulation and Consent to Issuance of Order
of Prohibition, which is accepted and approved by
the National Credit Union Administration acting through its counsel;
and
WHEREAS, Ellis R. Jackman, in the Stipulation has
consented and agreed to the issuance of this Order of Prohibition
pursuant to 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;
NOW THEREFORE, IT IS ORDERED THAT:
1. Ellis R. Jackman is an institution-affiliated party in that he was the Manager of the Blackfoot Educators Credit Union, located in Blackfoot, Idaho.
2. The Stipulation and Consent to the Issuance of this Order of Prohibition is made a part hereof and is incorporated herein by reference.
3. Ellis R. Jackman 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.
In the Matter of
Ellis R. Jackman
An Institution Affiliated Party and
|
Docket No. 99-0201-VI |
The National Credit Union Administration Board, by and through its undersigned counsel, and Ellis R. Jackman, the former Manager of the Blackfoot Educators Credit Union, located in Blackfoot, Idaho, hereby stipulate and agree as follows:
1. Consideration. The National Credit Union Administration is of the opinion that grounds exist to initiate an administrative prohibition against Ellis R. Jackman pursuant to Section 206 of the Federal Credit Union Act, 12 U.S.C. §1786. Ellis R. Jackman denies the existence of such grounds and further denies any wrongdoing or that he engaged in any violation of any law or regulation or that he failed to comply with any lending institution's policies or procedures. Without any admission against his interest, Ellis R. Jackman desires to avoid the time, cost and expense of administrative litigation and hereby stipulates and agrees to the following terms in consideration of the forbearance of the National Credit Union Administration Board from conducting an administrative hearing and imposing other remedial sanctions against him with respect to his activities as an institution-affiliated party of the Blackfoot Educators Credit Union, including, but not limited to, the waiving of the right to assess, receive, or collect any penalty or restitution pursuant to the provisions of 12 U.S.C. §1786(e)(3) or 1786(k)(2), or any other provision of law; provided however, that the National Credit Union Administration Board expressly reserves the right to pursue any action necessary to enforce compliance with the terms of the Order.
2. Jurisdiction.
(a) Ellis R. Jackman 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 Board of the National Credit Union Administration 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, it is an appropriate federal agency to maintain enforcement proceedings against such institution-affiliated party. Therefore, Ellis R. Jackman is subject to the authority of the National Credit Union
Administration to initiate and maintain prohibition proceedings against him.
3. Consent. Ellis R. Jackman consents to the issuance by the National Credit Union Administration Board of the accompanying Order of Prohibition. He further agrees to comply with its terms upon issuance and stipulates that the Order complies with all requirements of the law.
4. Waivers. Ellis R. Jackman waives his 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). He further waives
his right to seek judicial review of the Order of Prohibition or otherwise challenge the validity or
legality of the Order. The National Credit Union
Administration Board waives any right to assess, receive, or collect
any penalty or restitution pursuant to the provisions of 12 U.S.C.
§1786(e)(3) or 1786(k)(2), or any other provision of law,
with respect to Ellis R. Jackman's activities as an institution-affiliated
party of the Blackfoot Educators Credit Union; provided however,
that the National Credit Union Administration Board expressly
reserves the right to pursue any action necessary to enforce compliance
with the terms 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 National Credit Union
Administration Board, it shall be a final Order,
effective and fully enforceable by the National
Credit Union Administration.
WHEREFORE, in consideration
of the foregoing, the undersigned, on behalf of the National Credit
Union Administration and Ellis R. Jackman, execute this Stipulation
and Consent to Issuance of Order of Prohibition.
NATIONAL CREDIT UNION ADMINISTRATION
By: ________--S--________________ _____2/3/99______________
Allan H. Meltzer Date
Associate General Counsel
__________--S--_____________ ______1/29/99_________________
Ellis R. Jackson Date
(Notary Seal) ____________________________
Notary Public
My Commission expires: ________________________________.