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[¶5246] In the Matter of Roger R. Lussier, Lyndonville Savings Bank and Trust Company, Lyndonville, Vermont, FDIC Docket No. 92-337e (2-10-98)
The FDIC had previously issued an order of prohibition against the respondent. Further proceedings would be redundant. Therefore, the FDIC decided that it was unnecessary to pursue another administrative hearing.
[.1] Criminal Offenses—Convicted Persons, FDI Act § 19 Application— Factors for Consideration
Respondent was already prohibited under one section of the U.S.C. Additional action was deemed unnecessary.
In the Matter of
ROGER R. LUSSIER,Individually, and
as an officer, director, and person
participating in the conduct of affairs of
LYNDONVILLE SAVINGS BANK AND
TRUST COMPANY
LYNDONVILLE,VERMONT
(Insured State Nonmember Bank)
DECISION AND ORDER TO
TERMINATE PROCEEDINGS
FDIC-92-337e
In December 1993, Roger R. Lussier ("Respondent") was convicted of 17 counts of bank fraud, bribery, falsifying bank records,
{{6-30-98 p.A-2892}and money laundering. At that time, the Federal Deposit Insurance Corporation (the "FDIC") commenced a prohibition proceeding against Respondent pursuant to section 8(e) of the Federal Deposit Insurance Act (the "FDI Act"), 12 U.S.C. § 1818(e), and later also issued an Order of Prohibition From Further Participation, Findings of Fact and Conclusions of law, and Notice of Hearing ("Order of Prohibition"), pursuant to section 8(g)(1)(C)(ii) of the FDI Act, 12 U.S.C. § 1818(g)(1)(C)(ii), dated February 28, 1995. The proceeding under section 8(e) was stayed pending completion of Respondent's criminal trial and appeals. Respondent's appeal of his conviction was denied, and Respondent commenced a period of confinement in a correctional institution in the Spring of 1996: His challenge of the Order of Prohibition, pursuant to section 8(g)(3) of the FDI Act, was denied by the Board of Directors ("Board") of the FDIC on October 8, 1996. He did not seek judicial review of the Board's October 8, 1996 Decision and Order.
[.1]Accordingly, FDIC Enforcement Counsel filed a Motion to Terminate Proceedings under section 8(e) on the grounds that Respondent is currently subject to the section 8(g) prohibition as well as the statutory prohibition pursuant to section 19 of the FDI Act, 12 U.S.C. § 1829, resulting from his December 22, 1993 conviction.
Since an additional administrative action seeking to prohibit Respondent from further participation in banking is unnecessary, the Board hereby GRANTS the Motion To Terminate Proceedings and ORDERS that this proceeding against Roger R. Lussier pursuant to section 8(e) of the FDI Act, 12 U.S.C. § 1818(e), instituted on January 8, 1993, be and hereby is terminated.
By direction of the Board of Directors.
Dated at Washington, D.C., this 10th day of February, 1998.
