EXPORT-IMPORT BANK

of the UNITED STATES

INSPECTOR GENERAL

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. Washington, D.C. 20571

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

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA,

Plaintiff,

CRIMINAL NO.

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

V.

JOHNNY GUTIERREZ,
Defendant.

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 2 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

Case 1:15-cr-00050-GK Document 1 Filed 04/13/15 Page 3 of 4

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.

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

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

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By:
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A ow"
WI IAM H. B
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
patrick.donley2@usdoj.gov
william.bowne2@usdoj.gov

Date: April 10, 2015