NCUA Prohibits Three Individuals From Participating in the Affairs of Any Federally Insured Depository Institution
The National Credit Union Administration issued one consent and two prohibition notices in June 2024. The individuals named below are permanently prohibited from participating in the affairs of any federally insured depository institution.
Consent Orders:
Tracy Mikulencak, a former employee of A+ Federal Credit Union in Austin, Texas, agreed and consented to the issuance of a prohibition order and agreed to comply with all its terms to settle and resolve the NCUA Board’s claim against her.
Notices of Prohibition:
Phillip Brian Topping, a former employee of New Pilgrim Federal Credit Union in Birmingham, Alabama, was convicted in United States District Court, Northern District of Alabama, on one count of theft and embezzlement in connection with his employment at the credit union.
Javier DeJesus Narciso, a former employee of Merced School Employees Federal Credit Union in Merced, California, was convicted in California Superior Court, Merced County, on one count of grand theft and embezzlement in connection with his employee at the credit union.
An Order of Prohibition prohibits a party from ever working for a federally insured depository institution.
In addition to Orders of Prohibition, the NCUA, on occasion, issues administrative orders, which are formal, legally enforceable orders issued pursuant to Section 206 of the Federal Credit Union Act. Generally, the NCUA issues administrative orders when it finds that a credit union — or persons affiliated with a credit union — have violated a law, rule, or regulation; breached a fiduciary duty; or engaged in an unsafe or unsound practice.
The three most common orders issued by the NCUA include:
An Order to Cease and Desist, which requires an institution or individual to take action (or refrain from taking action), including making restitution;
An Order of Prohibition, which prohibits an individual from ever working for a federally insured financial institution; and
An Order Assessing Civil Money Penalties, which requires an institution or individual to pay an assessed penalty amount.
Agency enforcement orders and notices are searchable by name, institution, city, state, and year on the NCUA’s Administrative Orders webpage. The webpage also provides links to the federal enforcement actions of federal banking agencies against other institutions or their affiliated parties.
