June 18, 2024

The Honorable Gary Gensler

Chair
U.S. Securities and Exchange Commission
100 F Street NE
Washington, D.C. 20549

Dear Chair Gensler:

The House Committees on Oversight and Accountability (Oversight Committee) and the
Judiciary (Judiciary Committee, collectively, the Committees) are investigating whether
sufficient grounds exist to draft articles of impeachment against President Biden for
consideration by the full House.1 Along with House Committee on Ways and Means (Ways and
Means Committee) Chairman Jason Smith, we set forth in a September 27, 2023 memorandum
the evidence justifying the inquiry and the scope of this impeachment investigation.2 On
December 13, 2023, the House of Representatives adopted a resolution directing the Committees
to continue this investigation.3 The Committees are requesting certain records in the possession,
custody, or control of the U.S. Securities and Exchange Commission (SEC), that are relevant to
the impeachment inquiry.

In 2016, attorneys within the SEC’s Enforcement Division were investigating a tribal
bond scheme in which several individuals were charged with violating federal securities laws.4
As part of this investigation, several of Robert Hunter Biden’s (Hunter Biden) business
associates and inter-connected entities were implicated by the alleged conduct. As a result, the
SEC subpoenaed individuals and entities for documents, communications, and testimony,
including Devon Archer—a former business partner of Hunter Biden—on March 14, 2016
(Archer Subpoena) and, on March 11, Rosemont Seneca Bohai (RSB), an entity utilized by
Hunter Biden and Mr. Archer (RSB Subpoena).5 The Committees attach the Archer Subpoena
and RSB Subpoena as Attachment A. On March 16, two days after the SEC issued the Archer
Subpoena, the SEC issued a subpoena to Hunter Biden (Biden Subpoena), requiring Hunter

1
See H. Res. 918, 118th Cong. (2023) [H. Res. 918]; Memorandum from Hon. James Comer, Chairman, H. Comm.
on Oversight & Accountability, Hon. Jim Jordan, Chairman, H. Comm. on the Judiciary, & Hon. Jason Smith,
Chairman, H. Comm. on Ways & Means, to H. Comm. on Oversight & Accountability, H. Comm. on the Judiciary,
& H. Comm. on Ways & Means. Re: Impeachment Inquiry (Sept. 27, 2023) [Impeachment Inquiry Memorandum].
2
See Impeachment Inquiry Memorandum.
3
See H. Res. 918.
4
Press Release, U.S. Sec. and Exch. Comm’n, Litigation Release No. 23689, Securities and Exchange Commission
v. Devon Archer, et al., No. 16-cv-3505 (S.D.N.Y filed May 11, 2016) (Nov. 16, 2016); Press Release, U.S. Sec. and
Exch. Comm’n, SEC Charges New Defendant in $43 Million Tribal Bonds Scheme (June 26, 2019).
5
Subpoena from U.S. Sec. and Exch. Comm’n to Devon Archer (On file with Comm.); Subpoena from U.S. Sec.
and Exch. Comm’n to Rosemont Seneca Bohai (On file with Comm.).
The Honorable Gary Gensler
June 18, 2024
Page 2 of 4

Biden to produce documents regarding, among other items, all documents and communications
“concerning Rosemont Seneca Bohai, LLC[.]”6 The return date for the Biden Subpoena was
March 30, 2016. The Committees attach the Biden Subpoena as Attachment B.

RSB was directly implicated in the tribal bond scheme.7 As described in the Complaint,
“On or about October 1, 2014, Rosemont [Rosemont Seneca Bohai] purchased the entirety of the
Second Tribal Bond Issuance, the face amount of which was $15,000,000.”8 In an interview
with the Oversight Committee, Devon Archer testified that “Hunter was a corporate secretary of
RSB,” and that they “had a handshake 50-50 ownership.”9 Further, on May 22, 2024, the Ways
and Means Committee lawfully disclosed documents from a Special Agent with the Internal
Revenue Service.10 Two of the released documents are an email which shows that on April 29,
2014, Katie Dodge, an employee of Hunter Biden, emailed an employee of Grand Prix Motors (a
car dealership) and attached a signed document from Hunter Biden to the dealership.11 The title
of the document is “CORPORATE RESOLUTION” and shows that Hunter Biden certified he
was the Secretary of Rosemont Seneca Bohai LLC.12 According to Mr. Archer, “Rosemont
Seneca Bohai was set up to hold the equity of BHR,” which stands for Bohai Harvest Rosemont
[Partners].13 BHR was supposed to be a private equity fund based in China to engage in cross-
border investments.14 The RSB bank account was used to funnel other foreign payments and
benefits to Hunter Biden, including money from Ukraine and a new sports car from an oligarch
in Kazakhstan.15

The Committees have obtained Hunter Biden’s response (Response), dated April 20,
2016, to the SEC subpoena. The Committees attach the Response as Attachment C. Mr. Biden’s
attorneys provided 1,749 responsive documents to the SEC. Concerningly, however, Mr.
Biden’s counsel wrote:

As a threshold matter, we request that you treat this matter with the highest degree
of confidentiality, consistent with Commission policy and applicable law. The
confidential nature of this investigation is very important to our client and it would
be unfair, not just to our client, but also to his father, the Vice President of the

6
Subpoena from U.S. Sec. and Exch. Comm’n to Hunter Biden (On file with Comm.).
7
Complaint at 30, U.S. v. Jason Galanis, et al., F. Supp (S.D.N.Y 2016) (No. 1:15-cr-00371-RA).
8
Id.
9
Transcript of Devon Archer, H. Comm. on Oversight & Accountability, at 64-65 (July 31, 2023).
10
See Statement of Special Agent Joseph Ziegler dated March 12, 2024, Affidavits 8 and 9.
11
Ways & Means Exhibit 902 document.
12
Id. A portion of this document was handwritten.
13
Supra note 9 at 15.
14
Transcript of Hunter Biden, H. Comm. on Oversight & Accountability, at 19-20 (Feb. 28, 2024).
15
H. Comm. on Oversight & Accountability. From Maj. Comm. staff to Comm. Members. Re: Third Bank Records
Memorandum from the Oversight Committee’s Investigation into the Biden Family’s Influence Peddling and
Business Schemes; Memorandum (Nov. 1, 2023).
The Honorable Gary Gensler
June 18, 2024
Page 3 of 4

United States, if his involvement in an SEC investigation and parallel criminal

probe were to become the subject of any media attention.16

Mr. Biden’s response gratuitously invoked his father’s position as the Vice President in
what could be interpreted as an effort to discourage further SEC scrutiny. And on May 11, 2016,
the SEC published a press release—announcing the charging of seven individuals—with no
mention or charging of Hunter Biden.17

Accordingly, to further the House’s impeachment inquiry the Committees must

determine the propriety with which SEC handled this matter, please provide the following
documents and information as soon as possible, but no later than July 2, 2024:

1. All documents and communications with the White House, including the Office of
the Vice President and the Vice President, relating to In the Matter of Hughes Capital
Management;

2. All documents provided by Rosemont Seneca Bohai, Devon Archer, and Hunter
Biden to the SEC In the Matter of Hughes Capital Management;

3. The SEC’s justification for seeking documents from Hunter Biden in relation to In the
Matter of Hughes Capital Management; and

4. All internal documents and communications regarding Hunter Biden’s response, as

delivered by his counsel on April 20, 2016, In the Matter of Hughes Capital
Management; and

5. Any internal ethics opinions rendered by SEC officials concerning Hunter Biden or
Vice President Biden relating to In the Matter of Hughes Capital Management.

In addition to the abovementioned information, the Committee requests that the SEC
make available Tejal D. Shah, a former staff attorney who led the investigation In the Matter of
Hughes Capital Management,18 and now your principal advisor on matters involving the
Division of Enforcement,19 for questioning by the Committees in a transcribed interview.

16
Hunter Biden’s Response to the Subpoena from U.S. Sec. and Exch. Comm’n to Hunter Biden (On file with
Comm.) (emphasis added).
17
Press Release, U.S. Sec. and Exch. Comm’n, SEC Charges Father, Son, Others in Tribal Bonds Scheme (May 11,
2016).
18
Devon Archer Subpoena, supra note 5; RSB Subpoena, supra note 5; Hunter Biden Subpoena, supra note 6 (Ms.
Shah is listed as the staff attorney on the aforementioned subpoenas issued by the SEC.).
19
Press Release, U.S. Sec. and Exch. Comm’n, Gary Gensler Announces Additions to Executive Staff (June 8,
2021).
The Honorable Gary Gensler
June 18, 2024
Page 4 of 4

In short, the records sought by this request are critical to the impeachment inquiry. If you
have any questions regarding this request, please coordinate with Oversight Committee staff at
(202) 225-5074 and Judiciary Committee staff at (202) 225-6906.

Sincerely,

______________________________ ______________________________
James Comer Jim Jordan
Chairman Chairman
Committee on Oversight and Accountability Committee on the Judiciary

cc: The Honorable Jamie Raskin, Ranking Member

Committee on Oversight and Accountability

The Honorable Jerrold Nadler, Ranking Member

Committee on the Judiciary