OCC Announces Enforcement Actions for October 2023 and Enhances Transparency Around Certain Misconduct

WASHINGTON—The Office of the Comptroller of the Currency (OCC) today released enforcement actions taken against individuals currently and formerly affiliated with national banks and federal savings associations (collectively, banks).

To provide additional information regarding the OCC’s actions taken against individuals, the orders now include a reference if the misconduct specifically involves elderly customers. Such financial abuse of older adults by an institution-affiliated party (IAP) may include the illegal or improper use of an older adult’s funds, property, or assets.

The OCC uses enforcement actions against IAPs to deter, encourage correction of, or prevent violations, unsafe or unsound practices, or breaches of fiduciary duty. Enforcement actions against IAPs reinforce the accountability of individuals for their conduct regarding the affairs of a bank. The term "institution-affiliated party," or IAP, is defined in 12 USC 1813(u) and includes bank directors, officers, employees, and controlling shareholders.

The enforcement actions are:

• Order of Prohibition against John S. Werner, Former Universal Banker, North American Savings Bank, FSB, Grandview, Missouri, for using his position at the bank to embezzle funds from a customer’s account for his personal benefit, without the bank customer’s knowledge or authorization, which also resulted in a loss to the bank. (Docket No. AA-WE-2023-28)
• Order of Prohibition against Robyn LaPenta, Former Branch Manager, Evans Bank, N.A., Angola, New York, for abusing her position at the bank to initiate fraudulent cash transactions from the accounts of six elderly bank customers for her personal benefit, which also resulted in a loss to the bank. (Docket No. AA-ENF-2023-33)

Orders of Prohibition prohibit an IAP from any participation, in any manner, in the conduct of the affairs of any insured depository institution.

All OCC public enforcement actions taken since August 1989 are available for download by viewing the searchable enforcement actions database at https://apps.occ.gov/EASearch.

Related Link

• Enforcement Action Types