-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, FKhjnENLjGU95A+Kd4vgv7tgVWTEyJY8xNaLF+Xf1z+DZpv3jkhrs/UvUZS72uAY uIISuNYOYXT9KlthlGFZAg== 0000950144-03-012045.txt : 20031031 0000950144-03-012045.hdr.sgml : 20031031 20031030181654 ACCESSION NUMBER: 0000950144-03-012045 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20031030 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20031031 FILER: COMPANY DATA: COMPANY CONFORMED NAME: COMMUNITY BANCSHARES INC /DE/ CENTRAL INDEX KEY: 0000752195 STANDARD INDUSTRIAL CLASSIFICATION: STATE COMMERCIAL BANKS [6022] IRS NUMBER: 630868361 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-16461 FILM NUMBER: 03967748 BUSINESS ADDRESS: STREET 1: MAIN ST P O BOX 1000 CITY: BLOUNTSVILLE STATE: AL ZIP: 35031 BUSINESS PHONE: 2054291000 MAIL ADDRESS: STREET 1: MAIN STREET PO BOX 1000 CITY: BLOUNTSVILLE STATE: AL ZIP: 35031 FORMER COMPANY: FORMER CONFORMED NAME: BLOUNTSVILLE BANCSHARES INC DATE OF NAME CHANGE: 19860602 8-K 1 g85541e8vk.txt COMMUNITY BANCSHARES, INC. SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 ------------------- FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): October 30, 2003 (October 29, 2003) ------------------- COMMUNITY BANCSHARES, INC. (Exact Name of Registrant as Specified in Its Charter) DELAWARE 0-16461 63-0868361 (State or Other Jurisdiction (Commission File (I.R.S. Employer of Incorporation) Number) Identification Number) MAIN STREET BLOUNTSVILLE, ALABAMA 35031 (Address of Principal Executive Offices) (Zip Code) (205) 429-1000 (Registrant's Telephone Number, Including Area Code) NOT APPLICABLE (Former Name or Former Address, If Changed From Last Report) ITEM 5. OTHER EVENTS On October 30, 2003 Community Bank, principal subsidiary of the Registrant, issued a Press Release concerning the indictment of its former Chairman and Chief Executive Officer, Kennon R. Patterson, Sr., and its former Vice President, Larry Bishop. Attached to Community Bank's Press Release was a Press Release issued by the United States Department of Justice on October 29, 2003. Copies of Community Bank's Press Release and the Department of Justice's Press Release are filed as Exhibits 99(a) and 99(b), respectively, hereto, which are incorporated herein by reference. ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS (a) The following exhibits are filed herewith: Exhibit Number Description - -------------- ----------- 99(a) Press Release issued by Community Bank on October 30, 2003 99(b) Press Release issued by the United States Department of Justice on October 29, 2003 SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. COMMUNITY BANCSHARES, INC. By: /s/ Patrick M. Frawley ----------------------------------------------- Patrick M. Frawley Chairman, Chief Executive Officer and President Date: October 30, 2003 EXHIBIT INDEX Exhibit Number Description - -------------- ----------- 99(a) Press Release issued by Community Bank on October 30, 2003 99(b) Press Release issued by the United States Department of Justice on October 29, 2003 EX-99.(A) 3 g85541exv99wxay.txt PRESS RELEASE BY COMMUNITY BANK EXHIBIT 99(a) COMMUNITY PRESS BANK RELEASE COMMUNITY BANK REACTS TO INDICTMENTS For Immediate Release - October 30, 2003, Blountsville, Alabama Community Bank has reviewed the U.S. Department of Justice Press Release describing the indictments returned on October 29, 2003 by a federal grand jury in Birmingham that has been investigating alleged improprieties of two of its former officers. A copy of this Press Release is attached. The Bank's current Chairman and CEO, Pat Frawley, said: "The action by the U.S. Attorney is a positive development for our Bank. It is another step towards resolving the issues related to the Bank's prior management that have clouded our organization. We have cooperated fully with the investigations leading up to these indictments and will continue to do so. We respect our judicial process and have full confidence in it. However, our primary mission is to restore the Bank's profitability, maintain adequate capital, overhaul corporate governance processes, generate sound growth, serve our communities, and produce a respectable return for our shareholders. That is what our current Management Team and Board of Directors is singularly focused on and we don't intend to stop until we achieve our goals." Frawley continued: "Community Bank represents thousands of customers, employees, and shareholders and it is unfair to continue to taint and burden the many, many loyal and good people that comprise this organization with the allegations and controversies that have plagued the Bank for far too long. I want to personally thank and recognize our loyal and valued customers, our dedicated and highly skilled associates, and our patient but vigilant shareholders. We intend to make all of them proud of our efforts." Page 2 Former Chairman and CEO, Kennon R. Patterson, Sr. received sufficient votes at our last shareholders' meeting to remain on the Board of Directors of the Bank's parent holding company, Community Bancshares, Inc. However, neither he nor former Vice President, Larry Bishop, who was also indicted, hold any other officer or director positions with the Bank, its subsidiaries, or its parent holding company. Community Bancshares plans to again seek Mr. Patterson's resignation as a result of these indictments and will continue to vigorously pursue recovery of all amounts owed by Mr. Patterson to the Bank. - ----------------- Community Bank, the principal subsidiary of Community Bancshares, Inc., headquartered in Blountsville, Alabama, had total assets at September 30, 2003 of approximately $537 million and operates 20 banking offices in North and West-Central Alabama, providing competitive financial services to individual and corporate customers. In addition, the Bank operates a consumer finance company with 12 offices, an insurance agency, and a real estate appraisal company. Certain statements in this Release may be "forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. These forward-looking statements are not based on historical facts and may be identified by their reference to a future period or by the use of forward-looking terminology, such as "anticipate," "estimate," "expect," "may" and "should." These forward-looking statements include, without limitation, those relating to the Company's future growth, profitability, capital adequacy, and shareholder value. We caution you not to place undue reliance on these forward-looking statements. Actual results could differ materially from those indicated in such forward-looking statements due to a variety of factors. These factors include, but are not limited to, changes in economic conditions and government fiscal and monetary policies, changes in prevailing interest rates and effectiveness of the Company's interest rate strategies, laws, regulations and regulatory authorities affecting financial institutions, changes in and effectiveness of the Company's operating or expansion strategies, geographic concentration of the Company's assets and operations, competition from other financial services companies, unexpected financial results or outcomes of legal proceedings, and other risks detailed from time to time in the Company's press releases and filings with the Securities and Exchange Commission. We undertake no obligation to update these forward-looking statements to reflect events or circumstances occurring after the date of this Report. Community Bank - "MAKING A DIFFERENCE, ONE CUSTOMER AT A TIME." EX-99.(B) 4 g85541exv99wxby.txt PRESS RELEASE BY THE UNITED STATES DEPT OF JUSTICE EXHIBIT 99(b) DEPARTMENT OF JUSTICE FOR IMMEDIATE RELEASE CRM WEDNESDAY, OCTOBER 29, 2003 (202) 514-2008 WWW.USDOJ.GOV TDD (202) 514-1888 TWO FORMER BANK EXECUTIVES, BUSINESS OWNER CHARGED WITH SCHEME TO DIVERT BANK FUNDS FOR PERSONAL BENEFIT WASHINGTON, D.C. - Assistant Attorney General Christopher A. Wray of the Criminal Division and U.S. Attorney Alice H. Martin of the Northern District of Alabama announced today the filing of a 25-count indictment against two former executives of Community Bank of Blountsville, Alabama, and the owner of J&M Materials, Inc., of Blountsville, in connection with a scheme to divert Community Bank funds for personal benefit. The indictment charges Kennon R. Patterson, Sr.; Larry E. Bishop; and Jimmie D. Childers with conspiracy, bank fraud, misapplication of bank funds, false statements to a financial institution, and false entries in the books and records of a financial institution. Patterson has also been charged with money laundering and filing false tax returns. The government is seeking forfeiture of proceeds derived from the fraudulent scheme. Patterson, 61, was chairman and chief executive officer of both Community Bank and Community Bancshares, Inc., a Delaware corporation and holding company for Community Bank. Bishop, 58, Community Bank's vice president of construction and maintenance, acted as the general contractor and was responsible for receiving and approving construction invoices on Community Bank projects. Childers, 51, of Oneonta, Alabama, owned and controlled J&M Materials, which provided construction services on commercial and residential construction projects, including Community Bank and Patterson's personal projects. The charges stem from the defendants' alleged participation in a scheme to use $2,150,000 of bank funds for construction work on Patterson's personal projects, including the building of a 17,000-square foot residence. The indictment further alleges that Patterson obtained more than $5 million dollars in bank loans to build the residence, but used more than $1.34 million of those funds for other purposes. "The prosecution of corporate fraud cases send the message that CEOs are not above the law," said U.S. Attorney Alice H. Martin. "It is an extremely serious matter when the CEO of a financial institution uses the bank for his own personal gain." In October 2002, a federal jury in Birmingham, Alabama convicted Dewey and Linda Hamaker and their company, Morgan City Construction, Inc., of conspiracy and bank fraud for their role in the scheme. The maximum sentence for bank fraud, misapplication of bank funds, making false statements to a financial institution and making false entries in the books and records of a financial institution is 30 years in prison and a $1 million fine. The maximum sentence for money laundering is 10 years in prison and a $250,000 fine. The maximum sentence for filing false tax returns is three years in prison and a $100,000 fine. The case is being prosecuted by Trial Attorneys William C. Athanas and Malinda R. Lawrence of the Fraud Section, Criminal Division, U.S. Department of Justice, along with Assistant U.S. Attorney James D. Ingram of the Northern District of Alabama. The investigation is being handled by the Federal Bureau of Investigation, the Federal Deposit Insurance Corporation's Office of Inspector General, and the Internal Revenue Services' Criminal Investigation Division. Members of the public are reminded that the indictment contains only charges. A defendant is presumed innocent of the charges and it will be the government's burden to prove a defendant's guilt beyond a reasonable doubt at trial. -----END PRIVACY-ENHANCED MESSAGE-----