Will 'The Galt' go to jail?

[CTO]

Yes - but Stick told us the world was ending this week - I have plans to be in Bangkok Wednesday - Saturday - Should I go or Should I stay?

 

Stick - what happened?

[Flashermac]

Nonsense. The world has got 3 more years.

 

[Gadfly]

USA anti-bribery laws do not apply. Neither one would have standing. Nor could a USA court enforce an order in Thailand.

 

It is ridiculous for you to maintain that two people, that live and work in Thailand, should get their dispute settled in another country!

 

Shygye, I usually agree with you, but on this you are absoutely dead wrong on the facts. The FCPA, an anti-bribery law, is specifically aimed at the activities of Americans outside of the U.S. And its very broad.

 

Knowledge of bribery can be imputed to an American national if there are "red flags" of a bribe. In other words, if you are a U.S. national, you can go to jail - and Americans have - if you turn a blind eye to bribery of a foreign official.

 

Don't believe me - wiki FCPA, google FCPA or go to this website It's not "fun and games" - not my words, but the words of the Department of Justice official in charge of enforcing this law. He also said, and I can find a link to the site if you insist, that people, acting outside the U.S., bribing foreign officials, "have to go to jail" to make that point. And they are, in much greater number now than just a scant two years ago.

 

Google: "Greens", "TAT", "Thailand", and "FCPA" and tell me what you find? You should find that the Greens did business in Thailand, and will be sentenced in the U.S. in December for violating U.S. anti-bribery laws.

 

I don't know the specifics of this case, and TH might be right that, in this particular case, it makes sense to bring charges against Galt in Thailand (yes, I am agreeing with TH on something). But in the broader sense, this is a dangerous game on so many levels.

 

These characters are putting yourself at the mercy of the Thai justice system. Corruption is rampant here. I have no idea if that is happening here, but even if the property developer is only aware of hints that money he paid to someone here is being used for that purpose, he is at serious risk. Serious risk of a long term in a federal prison.

 

The U.S. has every incentive to prosecute someone playing that sort of game, and Thailand has strong incentives to extradite any American playing that game. Plays well on both sides. Always has.

 

I don't know what is happening here, but the image of two kids up to their knees in gasoine playing with matches comes to mind.

[shygye]

The Greens biz is located in the USA so that doesn't support your position.

 

So Gadfly, when the USA going to seek a arrest warrant on you for bribing BiB (when your car was stopped).

[Gadfly]

The Greens biz is located in the USA so that doesn't support your position.

 

Shygye - The Greens are subject to the FCPA because they are U.S. nationals. It applies to anyone who is a U.S. national or resident. The law on this point is very clear.

 

They were convicted of violating the FCPA and other federal crimes for paying money to the daughter of the Gov of the TAT. Note they did not pay the Gov of the TAT. They paid her daughter in off shore accounts, and, the US Gov claims, the Gov of the TAT awarded them TAT contracts in return. All of this happened outside of the U.S.

 

Read the FCPA blog - it's pretty fascinating. It's also clear that someone turned them in. That could easily happen here if - and note I said "if" because I don't know if this happened - there was any "funny business" - I think we all know what that means.

 

The Greens were arrested when they arrived at LAX in December. That is usually how it happens. Why? Because the law is aimed at Americans overseas.

 

This little spat has caught the attention of the U.S. Embassy here. I know that for a fact. Whether anything will come of it is another matter.

 

My point, however, is this: its damn foolish for Americans or Europeons, Australians, Kiwis and even Japanese (yes, there is a conviction under the Japanese version of the FCPA) to try to settle their disputes in a country which - read today's front page of the Bangkok Post - was ranked 84 by Transparency International in terms of corruption. It's not just the FCPA or equivalent laws in other countries, but the vulnerability to local vested interests playing these sorts of games create.

 

Two kids up to their knees in gasoline playing with matches. Not smart, and not good for the ex-pat community in general. That's the point.

[shygye]

So when will you be arrested by the FBI? When will that UK couple be arrested for bribing the Thai police on that King Power shoplifting scam?

 

Name one USA citizen that has been prosecuted under the FCPA AND is not associated with a USA biz or USA subsidiary, ie, domestic concern.

 

 

(A) Any natural person that is an officer, director, employee, or agent of a domestic concern, or stockholder acting on behalf of such domestic concern, who willfully violates subsection (a) or (i) of this section shall be fined not more than $100,000 or imprisoned not more than 5 years, or both.

 

( Any natural person that is an officer, director, employee, or agent of a domestic concern, or stockholder acting on behalf of such domestic concern, who violates subsection (a) or (i) of this section shall be subject to a civil penalty of not more than $10,000 imposed in an action brought by the Attorney General.

[chuckwoww]

With respect gadfly I can't see the FBI touching the Galt/Wade case with a bargepole. That's not to say there won't be repercussions.

[jack_schist]

Is there a laywer in the house???

[ozpharlap]

Dear Gadfly,

 

I am at a loss, as to how Galt, Stickman or others are doing anything that would possibly invoke ramifications under the law you speak of?

 

How is settling your dispute in a recognized court of law a violation of the laws you speak of?

 

Also, in relation to any further criminal ramifications, wouldn't double jeopardy guard against any reconviction under US law?

 

Yeah sure, if any potential criminal actions falls outside the charges laid and proved in another country it may fall within the intention of the laws you speak of. However, the law you speak of may be far more complicated then you think, over an above the literal reading of the actual statute provisions (no offence). One must look at the intent of the legislators, the objectives of the act and various other tools of statutory construction to specifically decide if the law applies.

 

It may be that this law is solely for the acts of commercial bribery within a foreign State (as in a country) context, I don't know ... maybe you could provide references to case law to amplify your position on the matter.

 

 

For example, the residential building contract act in some Australia States are some 300 pages long, and have several offence provisions. However, within a commercial building context, it has not an iota of jurisdiction - as the legislation defines a residential building contract in order to invoke jurisdiction. This legislation you speak of may also have trigger clauses before it is even applicable.

[ThaiHome]

As I said a couple of days ago, there is a business test in the FCPA that this case just doesn’t pass. Even in the broadest interpretation of the “obtain or retain business†provisions of the act, a defamation case between two US citizens in a foreign country just doesn’t apply. This is basically a personal issue between them having nothing to do with business or gaining a advantage over competitors. Either one, or both, of the two US Citizens could payoff whoever they want to influence the judges, prosecutors, or the janitor and IMHO there would be no violation of US law. If the US Embassy is looking at this in the context of the FCPA (which I doubt) then they really need to understand the law a bit better.

 

I’m not sure why Gaddie is going on about this, maybe he just likes to make thing sound dangerous for people in Thailand.

TH