Order No. 2007-013
In The Matter Of:
Before The Banking Commissioner of Texas
Austin, Travis County, Texas
Order Prohibiting Further Participation
On this day, the matter of TONI MILLS, of Hurst, Texas (“Respondent”) was submitted to me, Randall S. James, Banking Commissioner of the State of Texas (“Commissioner”), for consideration and action.
Respondent worked for Grand Bank of Texas, Grand Prairie, Texas (“Bank”). The Texas Department of Banking (“Department”) is the appropriate state banking agency to bring this enforcement action pursuant to Texas Finance Code, § 35.003 and the Commissioner has jurisdiction over Respondent and the subject matter of this proceeding.
Beginning in or about October, 1998, and continuing until approximately November, 2004, Respondent took funds from an account holder’s checking account by taking debits off-set by cash out tickets, without the authority or approval of the Bank or the owners of the checking account, in the total amount of approximately $487,265.
Respondent took the funds for Respondent’s personal purposes, including the purchase of a cashiers check in the amount $7,500.
On January 10, 2006, the Federal Deposit Insurance Corporation (FDIC) issued an Order of Prohibition from Further Participation to Respondent.
Respondent intentionally conducted Bank business in an unsafe and unsound manner within the meaning of Texas Finance Code, § 35.002(a)(4) by taking debits off-set by cash out tickets from an account holder’s checking account, without the authority or approval of the Bank or the owners of the checking account, in the total approximate amount of $487,265, and using Bank funds to purchase a cashiers check in the amount $7,500.
Respondent's actions exposed the Bank to financial loss and reputational damage, prejudiced the interests of one of the Bank’s depositors; resulted in financial gain to Respondent; involved personal dishonesty on Respondent's part; and demonstrated a wilful disregard for the safety and soundness of the Bank.
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”).
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, TONI MILLS is prohibited from:
serving as a director, officer, or employee;
directly or indirectly participating in any manner in the conduct of its affairs;
soliciting, procuring, transferring, attempting to transfer, voting, or attempting to vote any proxy, consent, or authorization with respect to any voting rights; or
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 on or before March 23, 2007. If Respondent does not timely request a hearing, this Order is effective and becomes final and nonappealable on March 23, 2007 in accordance with Texas Finance Code, § 35.003(b)(3).
This Order Prohibiting Participation in the Affairs of a State Bank is served on TONI MILLS by mailing it certified mail, return receipt requested, and by first-class mail, to 324 Brazil Dr., Hurst, Texas 76054 on March 1, 2007.
Signed on this 1st day of March, 2007.
Questions regarding this Order should be directed to:
Assistant General Counsel
Texas Department of Banking
2601 North Lamar Boulevard, Suite 300
Austin, Texas 78705
Telephone: (512) 475-1305
Facsimile: (512) 475-1313