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TREC adopts proposal to revoke sales agent license of Miguel Angel Gutierrez after federal fraud convictions
Summary
The Texas Real Estate Commission voted to adopt a proposal for decision recommending revocation of sales agent Miguel Angel Gutierrez’s license after staff said federal indictments and a PFD showed misuse of donated funds and related fraud. The commission carried the motion by voice vote following staff presentation and questions from commissioners.
The Texas Real Estate Commission on May 5 voted to adopt a proposal for decision (PFD) recommending revocation of sales agent Miguel Angel Gutierrez’s license after staff told commissioners the respondent pleaded to felony charges related to misuse of charitable donations and filing false tax returns.
Director of Enforcement Malcolm Malloy summarized the case on the record, saying Gutierrez pleaded guilty to conspiracy to commit wire fraud and filing a false tax return and that the conspiracy allegedly began in 2012 and continued through 2021. According to staff’s presentation of the PFD, nearly $4 million in donated funds intended for disadvantaged youth were misused for personal vacations, business ventures and family expenses. Malloy said, “His actions speak louder than his words,” referencing the PFD’s findings that the offenses are materially related to brokerage activity and consumer protection concerns.
Malloy told the commission the federal court later sentenced Gutierrez and that a February 2024 revision resulted in five years of probation. Staff said restitution exceeds $1 million and that Gutierrez personally benefited by amounts reported in the PFD. Commissioners asked clarifying questions about the distribution of funds and the restitution calculation; records in the PFD were cited as the evidentiary basis for staff’s recommendation.
The commission recessed for an executive session to receive legal advice and then returned to public session. Commissioner Lerner moved to adopt the PFD as written; a second was offered and the motion carried by voice vote. Chair Kessner announced that the commission will enforce the PFD and that Gutierrez’s license will be revoked.
The action followed the commission’s standard enforcement procedures: staff recommended revocation because the criminal conduct related to fraud and deception is directly tied to the agency’s consumer-protection mission and licensing standards. No alternative sanctions or settlement were disclosed during the public discussion.
Next steps noted by staff include administrative follow-through consistent with the PFD and any further administrative filings permitted by statute or rule. The commission’s minutes and the PFD on the SOAH docket will remain the formal record of the matter.
