Order No. 2007-016

In The Matter Of:

Marisa Renee Godinez
     aka Marisa Renee Orta
Victoria, Texas

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

Order Prohibiting Further Participation

On this day, the matter of MARISA RENEE GODINEZ AKA MARISA RENEE ORTA, of Victoria, 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 teller at a branch location of Prosperity Bank, Victoria, 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.

  2. During the time period dating from 2004 to early 2005, the Respondent was an employee of the Bank and acted with intent to injure and defraud the Bank by knowingly embezzling and willfully misapplying the moneys and funds and other things of value belonging to and otherwise entrusted to the care, custody, and control of the Bank in the amount of $22,932.80.

  3. Respondent took advantage of her position as an employee at the Bank to embezzle funds from the bank by accessing funds on the weekends and controlling the reconciliation process. Funds were removed from the vault, unused teller drawers, and ATM cash cassettes.

  4. On March 29, 2006, Respondent plead guilty to Third Degree Felony Theft in violation of Article 31.03, Section (a)(e)(4)(A), Penal Code, in The State of Texas v. Marisa Renee Godinez aka Marisa Renee Orta, Case Number 06-2-22,254-D, in the 377th Judical District Court of Victoria County, Texas. Respondent was sentenced to Adjudication Deferred and placed on Community Supervision for ten (10) years. The Respondent was ordered to 300 hours of Community Service, to pay $1,500.00 for fines, to pay $299.00 for court costs, and to pay $22,932.80 for restitution.

II. Conclusions

  1. Respondent intentionally conducted Bank business in an unsafe and unsound manner within the meaning of Texas Finance Code, § 35.002(a)(4) by acting with intent to injure and defraud the Bank and did knowingly embezzle and willfully misapply the moneys and funds and other things of value belonging to and otherwise entrusted to the care, custody, and control of the Bank in the amount of $22,932.80.

  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 willful 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, 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, MARISA RENEE GODINEZ AKA MARISA RENEE ORTA 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 April 17, 2007. If the Respondent does not timely request a hearing, this Order is effective and becomes final and nonappealable on April 16, 2007 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 MARISA RENEE GODINEZ AKA MARISA RENEE ORTA by mailing it certified mail, return receipt requested, and by first-class mail, to 1608 Sam Houston Dr., Victoria, Texas 77901-3540 on March 23, 2007.

Signed on this 22nd day of March, 2007.

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

Questions regarding this Order should be directed to:

Robert Giddings
Assistant General Counsel
Texas Department of Banking
2601 North Lamar Boulevard, Suite 300
Austin, Texas 78705
Telephone: (512) 475-1305
Facsimile: (512) 475-1313