==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 14851 / March 21, 1996 SECURITIES AND EXCHANGE COMMISSION v. VICTOR R. GOMEZ, United States District Court for the Southern District of New York, 96 Civ. No. 96-2056 (LMM) The Securities and Exchange Commission ("Commission") announced the filing today of a Complaint in the United States District Court for the Southern District of New York against Victor R. Gomez, a former vice president in Chemical Banking Corporation's ("Chemical") foreign exchange trading group. The Complaint alleges that in 1994 Gomez engaged in a series of unauthorized, multi-million dollar foreign currency transactions involving the Mexican peso, and concealed his unauthorized activity by creating fictitious records for certain transactions and by failing to record others. According to the Complaint, Gomez' unauthorized currency trading placed Chemical in a multi- million dollar, unhedged position in the Mexican peso, which resulted in a loss of approximately $69 million for Chemical when the value of the peso dramatically fell in December 1994 after the Mexican government announced it would no longer support the currency. The Complaint alleges that because of Gomez' fictitious records and false statements to supervisors, Chemical officials initially were unaware of the open peso position. As a result, Chemical falsely reported to securities analysts that the bank had "minimal" exposure from the peso devaluation even as Chemical in fact faced material, and mounting losses from Gomez' unauthorized trading activity. The Complaint charges Gomez with violating Sections 10(b) and 13(b)(5) of the Securities Exchange Act of 1934 ("Exchange Act"), and Rules 10b-5 and 13b2-1 thereunder. Specifically, the Complaint alleges that Gomez, to whom Chemical assigned primary responsibility for its Mexican peso transactions in 1994, entered into nine unauthorized convertibility guarantee contracts, made two unauthorized fund transfers and executed seventeen unauthorized and unhedged currency trades. Each convertibility guarantee obligated Chemical to exchange from $13 million to $175 million for pesos at the market rate on specified future dates. The Complaint alleges that Gomez did not disclose the convertibility guarantees, and kept the documents associated with them in his desk drawer. The Complaint also alleges that Gomez recorded fictitious trades to make it appear that fees and interest earned as a result of the undisclosed convertibility guarantees and undisclosed fund transfers were profits generated from Gomez' trading. ==========================================START OF PAGE 2====== The Complaint alleges that in November 1994, Gomez began acquiring a long forward position in the peso in violation of his trading authority. According to the Complaint, Gomez created fictitious records to make it appear that he had, as required by Chemical, balanced his trades in the peso with offsetting trades in the dollar. According to the Complaint, these fictitious records masked the fact that Gomez had placed Chemical in a net long position in the Mexican peso of approximately $171.5 million as of the close of trading on December 19, 1994, just prior to the devaluation of the peso. Simultaneously with the filing of the Complaint, Gomez, without admitting or denying any of the allegations in the Complaint, consented to the entry of an order enjoining him from violating Sections 10(b) and 13(b)(5) of the Exchange Act, and Rules 10b-5 and 13b2-1 thereunder. The Commission's action was coordinated with the United States Attorney for the Southern District of New York, who today announced criminal charges against Gomez, and with the Federal Reserve Board, which also today announced the issuance of an Order of Prohibition against Gomez.