Order No. 2008-018
In The Matter Of:
Amanda Shea White
Before The Banking Commissioner of Texas
Austin, Travis County, Texas
Order Prohibiting Further Participation
On this day, the matter of AMANDA SHEA WHITE, of Omaha, Texas (“Respondent”) was submitted to me, Randall S. James, Banking Commissioner of the State of Texas (“Commissioner”), for consideration and action.
The Commissioner finds from credible evidence that:
Respondent worked as bank teller at Citizens State Bank, Corrigan, 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.
On or about March 24, 2004 and continuing until on or about January 31, 2007, the Respondent was an employee of the bank and took funds from an account holder’s savings account by making withdrawals and depositing money into Respondent’s checking account, without the authority or approval of the Bank or the owner of the savings account, in the total amount of $39,925.00.
On March 11, 2008, Respondent plead guilty to theft and Respondent was placed on Community Supervision for a period of ten (10) years. The Respondent was ordered to pay restitution in the amount $39,925.00.
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 $39,925.00.
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 willful 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, AMANDA SHEA WHITE 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 July 15, 2008. If the Respondent does not timely request a hearing, this Order is effective and becomes final and nonappealable on July 16, 2008 in accordance with Texas Finance Code, § 35.003(b)(3).
This Order Prohibiting Participation in the Affairs of a State Bank is served on AMANDA SHEA WHITE by mailing it certified mail, return receipt requested, and by first-class mail, to 186 CR 3208, Omaha, Texas 75571, on June 24, 2008.
Signed on this 23rd day of June, 2008.
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