Order No. 2007-044

In The Matter Of:

Brian Rainey
San Antonio, Texas

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

Order Prohibiting Further Participation

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

I. Findings

The Commissioner finds from credible evidence that:

  1. Respondent worked as a teller at PlainsCapital Bank (“Bank”), a Texas state-chartered 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. On or about January 1, 2005 through December 15, 2005, the Respondent embezzled and misapplied funds in the amount of $79,500.00 from the Bank while employed there.

II. Conclusions

  1. Respondent intentionally violated 18 United States Code, Section 656 by embezzling and misapplying funds in the amount of $79,500.00 from the Bank.

  2. Respondent’s intentional violation of 18 U.S.C. § 656 gives the Commissioner grounds under § 35.003(a)(1)(A) to remove the Respondent from further participation in the affairs of a state bank as defined by Texas Finance Code, § 31.002(50) (“state bank”).

  3. 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; further, Respondent’s actions involved personal dishonesty on Respondent's part and demonstrated a wilful disregard for the safety and soundness of the Bank.

  4. 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.

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, BRIAN RAINEY 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 by October 29, 2007. If the Respondent does not timely request a hearing, this Order is effective and becomes final and nonappealable on October 30, 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 BRIAN RAINEY by mailing it certified mail, return receipt requested, and by first-class mail, to 2100 16th Street, #604, Denver, Colorado, on October 4, 2007.

Signed on this 3rd day of October, 2007.

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

Questions regarding this Order should be directed to:

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