UNITED STATES OF AMERICA NATIONAL CREDIT UNION ADMINISTRATION NATIONAL CREDIT UNION ADMINISTRATION BOARD
IN THE MATTER OF
RICHARD SOMERS, JR. An Institution Affiliated Party and
|
No. 99 --- 1102 II |
ORDER OF PROHIBITION
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. Richard Somers, Jr. is an institution-affiliated party in that he was the chief executive
officer/manager of the First Credit Union
of Scranton, located in Scranton, Pennsylvania.
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. Richard Somers, Jr. 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
_____________--S--_________________
TAWANA Y. JAMES
Regional Director, Region II
National Credit Union Administration
IN THE MATTER OF
RICHARD SOMERS, JR. An Institution Affiliated Party and
Scranton, Pennsylvania |
No. 99 --- 1102 II |
STIPULATION AND CONSENT TO ISSUANCE OF
ORDER OF PROHIBITION
The National Credit Union Administration Board, by and through its undersigned
counsel, and Richard Somers, Jr., the former chief executive officer/ manager of the First
Credit Union of Scranton, located in Scranton, Pennsylvania, 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 Richard Somers, Jr. pursuant
to Section 206 of the Federal Credit Union Act, 12 U.S.C. §1786. Richard Somers, Jr.
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
credit union's policies or procedures. Without any admission against his interest,
Richard Somers, Jr. 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.
2. Jurisdiction.
(a) Richard Somers, Jr. 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, Richard Somers, Jr. is subject to the authority of the
National Credit Union Administration to initiate and maintain prohibition proceedings
against him.
3. Consent. Richard Somers, Jr. 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. Richard Somers, Jr. 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.
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 Richard Somers, Jr., execute this Stipulation and
Consent to Issuance of Order of Prohibition.
NATIONAL CREDIT UNION ADMINISTRATION
By: _______--S--________________
11/2/99_________________
Allan H. Meltzer
Date
Associate General Counsel
_________--S--__________________
__10/14/99________________
Richard Somers, Jr.
Date
(Notary Seal)
________--S--________________
Notary Public
My Commission expires: ________________________________.