IG Letter to Hensarling 041415

IN S P E C T O R G E N E R A L

EXPORT-IMPORT BANK of the UNITED STATES

April 14, 2015

The Honorable Jeb Hensarling Chairman Committee on Financial Services U.S. House of Representatives Washington, DC 20515 Dear Chairman Hensarling: I am writing to update you on activity in an investigative matter involving a former employee of the Export-Import Bank (Ex-Im Bank). On April 13, 2015, the Department of Justice filed a criminal information charging former Ex-Im Bank Loan Officer Johnny Gutierrez with one count of bribery, in violation of 18 U.S.C. 201. I am attaching copies of the document that has been filed in the United States District Court for the District of Columbia.

Because this investigation remains open as to other subjects and the charges against Mr. Gutierrez are currently pending in federal court, I cannot provide additional information at this time or in my testimony at the hearing scheduled for April 15. We will continue to advise the Committee of further developments in this matter at the earliest appropriate time.

I hope this information is helpful to your oversight of the Export-Import Bank. If we can provide further assistance, please contact this office.

Sincerely,

Michael T. McCarthy Deputy Inspector General

Cc: The Honorable Maxine Waters Ranking Member

811 Vermont Avenue , N .W . W ash ington , D .C . 20571

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA, Plaintiff,

V.

JOHNNY GUTIERREZ, Defendant.

CRIMINAL NO.

VIOLATIONS: Bribery (18 U.S.C. 201) Forfeiture (18 U.S.C. 981 and 28 U.S.C. 2461)

INFORMATION

The United States charges that:

INTRODUCTION

1. Defendant, JOHNNY GUTIERREZ ("GUTIERREZ"), a citizen of the

United States, up until April 28, 2014, was a loan officer at the Export Import Bank.

2. The Ex-Im Bank, the official export credit agency of the United States, was

an independent agency of the executive branch of the United States and was located in

Washington, D.C. Ex-Im Bank issues loan insurance and guarantees to domestic lenders

providing loans to foreign purchasers of American made goods.

3. GUTIERREZ was responsible for conducting credit reviews for

companies submitting financing applications and for recommending approval or

disapproval of proposed credit transactions.

COUNT ONE (BRIBERY OF A PUBLIC OFFICIAL)

4. Paragraphs 1 through 3 of the Introduction to this Information are realleged

and incorporated by reference as if fully set forth herein.

Case 1:15-cr-00050-GK Document 1 Filed 04/13/15 Page 1 of 4

5. Starting in or about June 19, 2006, and continuing until December 9, 2013,

in the District of Columbia and elsewhere, defendant,

JOHNNY GUTIERREZ,

while being a public official, on 19 separate occasions, personally and corruptly sought and

accepted things of personal value, i.e., money, from another person and entity, in return for

being influenced in the performance of his official acts.

All in violation of Title 18, United States Code, Section 201.

FORFEITURE

1. Count 1 of this Information is hereby realleged and incorporated by

reference as if fully set forth herein.

2. As a result of the bribery offense alleged in Count One of the Information,

which is realleged and incorporated by reference for the purpose of alleging forfeiture to

the United States of America pursuant to Title 18, United States Code, Section 981, and

Title 28, United States Code, Section 2461(c), defendant,

JOHNNY GUTIERREZ,

shall forfeit to the United States of America, pursuant to Title 18, United States Code,

Section 982(a)(8),

A. any real or personal property used or intended to be used to commit,

to facilitate, or to promote the commission of such offenses;

B. any real or personal property, constituting, derived from, or

traceable to the gross proceeds obtained directly or indirectly as a result of the offenses;

and

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C. a sum of money representing the amount of proceeds obtained as a

result of the offense for which the defendant is convicted up to a value of seventy-eight

thousand, nine hundred dollars and no cents ($78,900).

3. In the event that any property described above as being subject to forfeiture, as a result of any act or omission by the defendant:

A. cannot be located upon the exercise of due diligence;

B. has been transferred or sold to or deposited with a third person;

C. has been placed beyond the jurisdiction of the Court;

D. has been substantially diminished in value; or

E. has been commingled with other property which cannot be divided

without difficulty;

it is the intent of the United States, pursuant to Title 18, United States Code, Section 981,

and Title 28, United States Code, Section 2461, to seek forfeiture of any other property of

defendant JOHNNY GUTIERREZ up to the value of the above described property in

paragraph 2.

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ANDREW WEISSMANN Chief, Fraud Section Criminal Division United States Department of Justice

40" By: Trial Attorney PATRICK M. DONLEY Senior Ligation Counsel Fraud Section, Criminal Division United States Department of Justice 1400 New York Avenue, NW Washington, D.C. 20005 (202) 514-0660 [email protected]

[email protected]

WI IAM H. B ./ A ow" r

Date: April 10, 2015

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IG Letter to Hensarling 041415

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