Lawsuit settlement. Lawsuit settlement. (Source: Shutterstock)

New Hampshire's largest credit union, the $3.6 billion Service Credit Union, reached an out-of-court settlement with Gordon Simmons, one of the industry's most successful CEOs who quickly fell from grace after the board of directors accused him of financial and sexual improprieties.

Debra Weiss Ford, one of the attorneys representing the Portsmouth-based SCU, advised U.S. District Court Judge Paul J. Barbadoro in Concord that the case was settled with the former CEO, according to an Aug. 16 court filing. No details about the settlement were filed.

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Ford and Simmons' attorneys did not respond to CU Times request for comment Thursday.

After more than two years of legal maneuverings, the case is scheduled to be dismissed officially on September 16.

SCU counter sued Simmons in federal court in May 2017 after the former CEO originally sued the credit union in a New Hampshire state court in April. He alleged SCU breached contracts in which SCU agreed to pay for lifetime medical insurance coverage for him and his then spouse, Sieglinde K. Simmons.

In the first 2014 contract, SCU agreed to provide Simmons and his spouse medical, vision and dental insurance throughout the term of his presidency and thereafter until the death of both. In a second 2015 contract, SCU agreed to provide Simmons with lifetime medical care. In this agreement, however, his spouse was not named.

In his lawsuit, Simmons made no mention about the events that led to his departure. On Jan. 27, 2016, the former CEO asked the board to accept his resignation and permit him to retire.

SCU countersued Simmons for misrepresentation and breach of fiduciary duty.

When his sexual relationship with an administrative assistant began, he used the credit union's resources to support the extra-marital affair, including taking her on a business trip and charging the expenses to SCU, according to the credit union's counter lawsuit.

And when another employee questioned the existence of the affair, Simmons allegedly got approval from the board to fire the employee for, among other things, lying to Simmons, engaging in a personal relationship with staff and lack of trust.

After the administrative assistant quit her job on November 20, 2015, he continued the affair with her and forgave $38,000 she owed SCU without any notice to the board, according to court documents.

In early January 2016, the board became aware of allegations regarding Simmons' financial improprieties, sexual relationship and other SCU policy violations. When confronted by the board, Simmons initially said he was shocked about the allegations and expressed outrage that he would be questioned after his lengthy employment

Simmons was placed on paid leave pending an investigation. But before it was completed, he met with the board and admitted the allegations were true, according to the credit union. He also admitted that he left his wife, moved in with the administrative assistant for a period of time but ended the relationship. Nonetheless, that also turned out not to be true, according to court documents.

Simmons denied SCU's allegations of misrepresentation and breach of fiduciary duty, court records show.

During his 20-year tenure, Simmons grew the credit union from $292 million to nearly $2.8 billion, making him one of the industry's most successful CEOs.

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Peter Strozniak

Credit Union Times reporter covering credit union operations, fraud, M&As, leagues, business continuity, and breaking news.