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Federal Reserve Board Issues Cease and Desist Order Against Bank of Eufaula Executive

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Federal Reserve Board Issues Cease and Desist Order Against Bank of Eufaula Executive

The Federal Reserve Board has issued a cease and desist order against Jason Burns, a key executive at the Bank of Eufaula and S N B Bancshares, Inc., following findings of unsafe lending practices and regulatory violations. The enforcement action highlights significant lapses in adherence to banking policies and procedures, resulting in substantial financial losses for the bank and a Federal Reserve special purpose vehicle.

Key Takeaways
  • The Federal Reserve Board issued a cease and desist order against Jason Burns, President of Bank of Eufaula.
  • Burns approved over $5 million in loans to a company owned by a relative of the bank's CEO, violating bank policies.
  • The bank incurred over $3.5 million in losses due to these loans and overdrafts.
  • Burns falsified board meeting minutes to reflect approvals that did not occur.
  • The Federal Reserve SPV suffered approximately $1.88 million in losses from a Main Street Lending Program loan.

Enforcement Action Details

The Federal Reserve Board's enforcement action against Jason Burns, who served as both a director and President of the Bank of Eufaula, stems from his management of the bank's lending relationship with a company owned by a close relative of the bank's Chief Executive Officer. From 2020 to 2023, Burns facilitated multiple loans totaling over $5 million to this company, despite its evident financial difficulties. These actions were in direct violation of the bank's lending policies and procedures.

Violations and Financial Impact

During his tenure, Burns not only approved these loans but also waived overdraft fees and approved overdrafts exceeding $1 million in the company's accounts. These actions contributed to the bank suffering losses exceeding $3.5 million related to the company's loans and overdrafts. Furthermore, Burns was found to have falsified board meeting minutes to reflect approvals of actions, including a $1.9 million Main Street Lending Program loan, which was not actually approved by the board. This loan resulted in a loss of approximately $1.88 million for a Federal Reserve special purpose vehicle.

Order Provisions and Compliance

The cease and desist order requires Burns to comply with several provisions before accepting any future positions that would classify him as an institution-affiliated party. These provisions include notifying the Chief Executive Officer of the institution about the order, familiarizing himself with the institution's policies, and providing written notice and certification of compliance to the Board of Governors within ten days of accepting such a position.

Additionally, Burns is mandated to adhere to all applicable laws, rules, regulations, and policies, and to avoid engaging in unsafe or unsound banking practices. The order also stipulates that any violation could result in civil penalties under the Federal Deposit Insurance Act.

Future Implications

The Federal Reserve Board's order remains effective until it is expressly stayed, modified, terminated, or suspended in writing. While the order resolves the current issues without further litigation, it does not preclude the Board or other federal or state agencies from taking additional actions against Burns based on new findings. The Board retains the right to ensure compliance with the order and to enforce its terms as necessary.

This enforcement action underscores the importance of strict adherence to banking policies and the potential consequences of regulatory violations within financial institutions.

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