LA trial in Thai film festival bribery case begins

[Gadfly]

Here is the link the website where FCPA violations can be reported: Report a Trade Barrier. You are apparantly supposed to report contact details.

 

Another intresting factoid: Since the early 90s, the government was won every FCPA prosecution that has gone to trial. That stopped defendants from taking the cases to trial until now, when a few, like the Bourke and the Greens, have taken their chances on a trial. As I understand matters, the defendants have lost in all of the recent cases that have concluded, but maybe someone can point to a matter where a defendant has won recently.

 

In any event, here I do agree with TH. The big increase in prosecutions, particularly but only in the U.S. and the potentially severe penalties do change things.

 

If you read between the lines in the FBI affidavit I posted, you will it sounds like one of the Greens's ex-employees either gave information to the Feds or tipped them off. There is another story (need to find) about Thai authorities turning over several hundred pages of documents to the FBI. That, presumably, occurred after Mr. T left the scene.

[ThaiHome]

US producers convicted of bribing TAT governor

 

Published: 15/09/2009 at 04:07 AM Los Angeles -

Link

 

Gerald and Patricia Green were found guilty late last Friday on charges related to their running of the Bangkok International Film Festival. The verdict was not announced until Monday, California time.

 

The verdict could open Hollywood up to more investigations regarding overseas business.

 

More to the point, it could open an investigation and possible charges against Juthamas Siriwan, governor of the Tourism Authority of Thailand at the time the Greens bribed and connived their way into control of the BIFF.

 

Mrs Juthamas has denied any involvement. But it may be difficult now for the National Anti-Corruption Commission to ignore the conviction of the Greens for sending her bribes of $1.8 million, or about 72 million baht at the time.

 

The US couple were both convicted of conspiracy to violate the Foreign Corrupt Practices Act, eight violations of the FCPA and seven acts of money laundering - all charges involving bribes send to Mrs Juthamas and her relatives. In addition, Patricia Green was found guilty of two counts of falsely subscribing a US tax return.

 

Gerald Green, 77, and his wife Patricia, 52, could each face upwards of 10 years in prison, said Assistant US Attorney Bruce H. Searby, who prosecuted the case.

 

Sentencing is set for Dec 17. The couple is currently free on bond.

 

The Greens worked on the festival in 2003 and operated it from 2004 through 2006. Through connections made in that process, Gerald Green served as an executive producer on the 2006 film Rescue Dawn, which was shot in Thailand were

charged on March 11, 2009, in a second superseding indictment with paying kickbacks to Mrs Juthamas in exchange for receiving contracts to manage and operate the annual BIFF, as well as contracts to provide an elite tourism "privilege card" marketed to wealthy foreigners.

 

Specifically, according to the superseding indictment, the Greens paid approximately $1.8 million in bribes to the former governor through numerous bank accounts in Singapore, the United Kingdom and the Isle of Jersey in the name of Mrs Juthamas' daughter and a friend.

 

The contracts received by the Greens resulted in more than $13.5 million in revenue to businesses they owned.

 

Attorneys for the Greens both said they were disappointed by the verdict and are preparing to appeal.

 

Searby strongly disagreed, however. "There is no more concrete type of harm to the Thai people than taking money out of their treasury and sending it on a round trip through LA back to a government official," he said.

 

"As these convictions demonstrate, the Department of Justice will not waiver in its fight against corruption, whether perpetrated within our borders or abroad," said Assistant Attorney General Breuer. (Compiled from news reports)

 

 

[Gadfly]

But it may be difficult now for the National Anti-Corruption Commission to ignore the conviction of the Greens for sending her bribes of $1.8 million, or about 72 million baht at the time.

 

I wonder how this will play out? The evidence is pretty damning. She was the TAT Gov in the Thaksin days. A US Court has found beyond a reasonable doubt that bribes were paid. Evidence has been shared both ways. This is Thailand, but I can't imagine any excuse for not pursuing this that doesn't pass the smile (belly laugh in this case) test.

 

I guess defense attorneys get paid to say this sort of thing, but to claim this sort of crap doesn't harm Thailand (or ex-pats in Thailand who pay Thai taxes), is really insulting. I am glad the jury saw through that nonsense.