Order No. 2006-025

In The Matter Of:

Jovanna Perez
Edinburg, Texas

Before The Banking Commissioner of Texas
Austin, Travis County, Texas


Order Prohibiting Further Participation

On this day, the matter of JOVANNA PEREZ, of Edinburg, Texas (“Respondent”) was submitted to me, Randall S. James, Banking Commissioner of the State of Texas (“Commissioner”), for consideration and action.

I. Findings

  1. Respondent worked as a loan secretary at the One South Broadway, McAllen, Texas branch of International Bank of Commerce Laredo (“Bank”).
  2. Beginning in or about February, 2001, and continuing until approximately March, 2002, Respondent made cash withdrawals from certificate of deposit accounts, without the authority or approval of the Bank or the owners of the certificates of deposit, in the total amount of approximately $61,800.
  3. Respondent pleaded guilty to federal bank fraud in violation of Title 18, United States Code, Section 1344(2), in United States of America v. Jovanna Perez, Case Number 7:03CR01132-001, in the United States District Court for the Southern District of Texas, McAllen Division, on February 13, 2004, and was sentenced to 5 years’ probation and $100 in fines and assessments.

II. Conclusions

  1. Respondent violated Texas Finance Code, § 35.002(a)(4), by intentionally conducting Bank business in an unsafe and unsound manner by making cash withdrawals from certificate of deposit accounts, without the authority or approval of the Bank or the owners of the certificates of deposit, in the total approximate amount of $61,800.
  2. Respondent's actions caused or exposed the Bank to financial loss and reputational damage, prejudiced the interests of the Bank’s depositors, and resulted in financial gain to Respondent. Further, Respondent’s actions involved personal dishonesty on Respondent's part and demonstrated a wilful disregard for the safety and soundness of the Bank.
  3. Respondent's actions constitute sufficient grounds for the Commissioner to issue this Order, under the authority of Texas Finance Code, § 35.003, prohibiting Respondent from further participation in the affairs of a state bank, as defined by Texas Finance Code, § 31.002(50) (“state bank”).

III. Order

Based on the foregoing Findings and Conclusions, it is hereby ORDERED, ADJUDGED and DECREED that, pursuant to Texas Finance Code, § 35.003 and § 35.007, and with respect to a state bank, trust company, or other entity chartered, registered or licensed by the Commissioner under the laws of this state, including an interstate branch, trust office, or representative office in this state of an out-of-state state bank, trust company, or foreign bank, and further including a perpetual care cemetery, prepaid funeral business, money services business, or private child support enforcement agency, JOVANNA PEREZ is prohibited from:

  1. serving as a director, officer, or employee;
  2. directly or indirectly participating in any manner in the conduct of its affairs;
  3. soliciting, procuring, transferring, attempting to transfer, voting, or attempting to vote any proxy, consent, or authorization with respect to any voting rights; or
  4. directly or indirectly voting for a director, or serving or acting as a state bank-affiliated party.

IV. Effective Date

Pursuant to Texas Finance Code, §35.003(c), Respondent may appeal this Order by requesting a hearing before July 5, 2006. If the Respondent does not timely request a hearing, this Order is effective and becomes final and nonappealable on July 5, 2006 in accordance with Texas Finance Code, § 35.003(b)(3).

V. Service

This Order Prohibiting Participation in the Affairs of a State Bank is served on JOVANNA PEREZ by mailing it certified mail, return receipt requested, and by first-class mail, to 3118 Stuart Drive, Edinburg, Texas, on June 12, 2006.

Signed on this 9th day of June, 2006.

/s/ Randall S. James                                
Randall S. James
Banking Commissioner of the State of Texas

Questions regarding this Order should be directed to:

Sarah Shirley
Assistant General Counsel
Texas Department of Banking
2601 North Lamar Boulevard, Suite 300
Austin, Texas 78705
Telephone: (512) 475-1327
Facsimile: (512) 475-1313