The Oklahoman

Former officer of failed bank charged with conspiracy to commit fraud

- BY ABBY BITTERMAN Business Writer abitterman@oklahoman.com

Federal prosecutor­s have charged a former bank officer with conspiracy to commit bank fraud in connection with the failed First State Bank of Camargo in western Oklahoma.

Nicki S. Day, 59, of Camargo, faces one count of conspiracy to commit bank fraud in connection with a scheme prosecutor­s claim allowed her and others to use bank funds for personal expenses.

Prosecutor­s allege Day, as well as other employees, officers and directors of the bank, conspired to use bank funds to float personal checks and bank drafts when they didn’t actually have sufficient money to cover the transactio­ns.

Day created fraudulent bank transactio­ns to make purchases at QVC and Walmart, according to the charges.

Prosecutor­s claim Day allowed bank insiders and a relative to make debit payments or write checks, holding the transactio­ns in suspension or placing them in a dormant account. Day, who worked as cashier, vice president and director, committed the acts between 2006 and 2010, according to the court documents.

Day also prepared reports to the bank’s board of directors and the FDIC that understate­d the bank’s overdraft position, according to the charge. The charges claim First State Bank of Camargo underrepor­ted overdrafts by as much as $3.7 million at one point.

Day’s lawyer, Thomas C. Riesen, declined to comment on the case. The maximum penalty Day could face would be five years imprisonme­nt and a $250,000 fine, according to court documents.

First State Bank of Camargo failed in January 2011.

Another former-First State Bank of Camargo employee, Marjorie H. Cole, 58, of Taloga, pleaded guilty in 2016 to conspiracy to defraud a financial institutio­n filing a false income tax return. A date hasn’t been set for Cole’s sentencing hearing.

In a handwritte­n statement included in her guilty plea Cole said, “the other bank officers or employees and I depended on each other’s cooperatio­n for us all to gain.”

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