Order No. 2007-009

In The Matter Of:
Leticia Ivette Gonzalez
Laredo, Texas

Before The Banking Commissioner of Texas
Austin, Travis County, Texas

Order Prohibiting Further Participation

On this day, the matter of LETICIA IVETTE GONZALEZ, of Laredo, Texas (Respondent) was submitted to me, Randall S. James, Banking Commissioner of the State of Texas (Commissioner), for consideration and action.

I. Findings

  1. Respondent worked as a teller at the 1200 San Bernardo Avenue, Laredo, Texas branch of International Bank of Commerce Laredo (Bank). The Department is the appropriate state banking agency to bring this enforcement action pursuant to Texas Finance Code, §35.003, and the Commissioner has jurisdiction over Respondent and the subject matter of this proceeding.

  2. Beginning on or about August 24, 2005, and continuing until approximately September 5, 2005, Respondent removed cash from her cash drawer in the total amount of approximately $39,475.00 without the consent of the Bank and for Respondent’s personal use.

  3. Respondent pleaded guilty to third degree felony theft charges arising from Respondent’s removal of cash as described in Finding of Fact One in State of Texas v. Leticia Ivette Gonzalez, Cause Number 2005 CRT 728D3, in the 341st Judicial District Court of Webb County, Texas, on October 10, 2005, and was sentenced to ten years (probated for ten years community supervision) on May 5, 2006. Respondent was also ordered to pay restitution to the Bank in the amount of $39,475.13, the amount of $7,500.00 of which was paid at sentencing.

II. Conclusions

  1. Respondent violated Texas Finance Code, §35.002(a)(4), by intentionally conducting Bank business in an unsafe and unsound manner by making cash withdrawals from Respondent’s cash drawer without the authority or approval of the Bank in the total approximate amount of $39,475.00.

  2. Respondent's actions caused or exposed the Bank to financial loss and reputational damage, prejudiced the interests of the Bank’s depositors, and resulted in financial gain to Respondent. Further, Respondent’s actions involved personal dishonesty on Respondent's part and demonstrated a wilful disregard for the safety and soundness of the Bank.

  3. Respondent's actions constitute sufficient grounds for the Commissioner to issue this Order, under the authority of Texas Finance Code, §35.003, prohibiting Respondent from further participation in the affairs of a state bank, as defined by Texas Finance Code, §31.002(50) (“state bank”).

III. Order

Based on the foregoing Findings and Conclusions, it is hereby ORDERED, ADJUDGED and DECREED that, pursuant to Texas Finance Code, §35.003 and §35.007, and with respect to a state bank, trust company, or other entity chartered, registered or licensed by the Commissioner under the laws of this state, including an interstate branch, trust office, or representative office in this state of an out-of-state state bank, trust company, or foreign bank, and further including a perpetual care cemetery, prepaid funeral business, money services business, or private child support enforcement agency, LETICIA IVETTE GONZALEZ is prohibited from:

  1. serving as a director, officer, or employee;

  2. directly or indirectly participating in any manner in the conduct of its affairs;

  3. soliciting, procuring, transferring, attempting to transfer, voting, or attempting to vote any proxy, consent, or authorization with respect to any voting rights; or

  4. directly or indirectly voting for a director, or serving or acting as a state bank-affiliated party.

IV. Effective Date

Pursuant to Texas Finance Code, §35.003(c), Respondent may appeal this Order by requesting a hearing before February 28, 2007. If the Respondent does not timely request a hearing, this Order is effective and becomes final and nonappealable on February 28, 2007 in accordance with Texas Finance Code, §35.003(b)(3).

V. Service

This Order Prohibiting Participation in the Affairs of a State Bank is served on LETICIA IVETTE GONZALEZ by mailing it certified mail, return receipt requested, and by first-class mail, to 916 Independence Drive, Laredo, Texas, on February 6, 2007.

Signed on this 5th day of February, 2007.

/s/ Randall S. James                                
Randall S. James
Banking Commissioner of the State of Texas

Questions regarding this Order should be directed to:

Sarah Shirley
General Counsel
Texas Department of Banking
2601 North Lamar Boulevard, Suite 300
Austin, Texas 78705
Telephone: (512) 475-1327
Facsimile: (512) 475-1313