Barclays
Corrupt Hiring Of Chinese CEO
Daughter Echoes UN of Guterres
Low Ball SEC Fine
By Matthew
Russell Lee, Patreon
SDNY COURTHOUSE,
June 26 – Vivian
Wang, who as
money manager
for convicted
UN briber Ng
Lap Seng's
South South
News made
payments to
disgraced
President of
the UN General
Assembly John
Ashe, was
given a time
served
sentence on
June 26 by
U.S. District
Court for the
Southern
District of
New York Judge
George B.
Daniels.
On August 9,
Ng Lap Seng's
long shot FCPA
appeal of his
conviction was
shot down by
the Second
Circuit Court
of Appeals,
see below.
Now in late
September,
Barclays has
been hit with
a $1.5 million
low ball civil
penalty for
FCPA
violations
including the
hiring of the
incompetent
daughter of
the senior
executive of a
Chinese state
owned
enterprise.
Sounds like
Antonio
Guterres' UN.
Barclays also
set up an
"unofficial
internship
program" in
South Korea to
make such
hires. Total
bill at SEC:
slightly over
$6 million. A
slap on the
wrist.
From the 2d
Circuit Ng Lap
Seng majority
decision,
this: "Insofar
as the
district court
nevertheless
charged an
'official act'
quid pro quo
for the § 666
crimes, that
error was
harmless
beyond a
reasonable
doubt because
the jury,
having found
Ng guilty
under the
higher
McDonnell
official act
standard,
would
certainly have
found him
guilty under a
proper
instruction
omitting that
unnecessary
standard."
That was
District Judge
Broderick,
whose low
ceiling-ed
courtroom
Inner City
Press now
covers nearly
daily, both
because banned
from the UN
for uncovering
its corruption
and more and
more
interested in
the workings
of his Federal
court.
And
here, in full,
is the
concurring
decision of
Circuit Judge
Richard J.
Sullivan, who
is also still
overseeing
criminal cases
and even a
trial, by
designation:
"18-1725-cr
United States
v. Ng Lap Seng
SULLIVAN,
Circuit Judge,
concurring: I
fully agree
with the
majority that
the official
acts
requirement
set forth in
McDonnell v.
United States,
136 S. Ct.
2355 (2016),
does not apply
to 18 U.S.C. §
666 or the
Foreign
Corrupt
Practices Act,
15 U.S.C. §§
78dd‐2,
78dd‐3.
I likewise
agree that the
district court
erred by
giving (what
turned out to
be) an
unnecessary
McDonnell
instruction.
However, that
error is
clearly
harmless, for
the reasons
set forth in
the majority
opinion.
Having reached
this
conclusion, I
see no need to
engage in an
alternative
holding that
essentially
hypothesizes
what we would
have concluded
in the event
that McDonnell
did apply to §
666. To
my mind, this
analysis
obscures what
is otherwise a
clear holding,
and since
“[i]t has long
been [the]
considered
practice [of
Article III
courts] not to
decide
abstract,
hypothetical
or contingent
questions,”
Ala. State
Fed’n of
Labor, Local
Union No. 103,
United Bhd. of
Carpenters
& Joiners
of Am. v.
McAdory, 325
U.S. 450, 461
(1945), I see
no reason to
engage in an
unnecessary
and purely
academic
McDonnell
analysis.
Accordingly, I
decline to
join in the
majority’s
alternative
McDonnell
holding.
In all other
respects, I
wholly concur
in the
majority’s
excellent
opinion."
We'll have
more on all
this.
Back in June,
Wang's lawyers
at Goodwin
Proctor, in a
heavily
redacted
sentencing
submission,
stated that
her deceased
husband Forest
Cao "was 57
years old adn
had no known
health
problems of
medical
conditions. No
autopsy was
performed."
It
also says, as
to UN
President of
the General
Assembly John
Ashe, that
while awaiting
trial on UN
bribery
charges "his
death was
reported as
the result of
a
'weightlifting
accident'
after a
barbell
apparently
crushed his
throat."
After the
sentencing,
Inner City
Press with
covered the Ng
Lap Seng trial
before SDNY
Judge Vernon
Broderick
daily asked
Wang's lawyer
Derek A. Cohen
if he was
implying that
Forest Cao and
John Ashe were
killed, and
why he had so
heavily
redacted this
sentencing
submission.
"It
speaks for
itself," Cohen
said by the
elevators.
Likewise the
Assistant U.S.
Attorney on
the case Daniel
C. Richenthal
declined
Inner City
Press'
question about
who beyond Ng
Lap Seng Ms.
Wang had
cooperated
against.
Judge
Daniels did
not preside
over the trial
of Ng Lap
Seng. He
accepted the
government's
recommendation
of time served
with very
little
inquiry.
He said as if
by rote that
corruption of
the UN is a
serious
matter. But if
so, why should
a person who
paid bribes in
the UN get
such a light
sentence with
little public
showing of the
benefit of
their
cooperation?
Corruption has
continued at
the UN since
the
prosecution of
Ng Lap Seng,
resulting in
his four year
prison
sentence. A
second,
separately
prosecution
was brought
against
Patrick Ho of
CEFC China
Energy, an entity
which also
tried to buy
the oil
company of
Lisbon-based
Gulbenkian
Foundation
which employed
current UN
Secretary
General
Antonio
Guterres as a
compensated
board member.
Neither in the
Ho nor Ng Lap
Seng cases
where any of
the UN
Secretariat
officials
implicated in
the bribery
schemes
prosecuted.
This laxity
can be
contrasted
with another
SDNY
proceeding a
mere hour
later, in
which Judge P.
Kevin Castel
looked behind
the U.S.
Attorney's
Office's 5k1.1
cooperation
letters and
imposed jail
time on the
four siblings,
the Seggermans,
who evaded
taxes. That
underlying
case was USA
v. Little,
12-cr-647
(Castel). This
bifurcated
case is USA
v. Wang,
16-cr-495
(Daniels).
Vivi
Wang helped
bribe the UN,
and on June 26
she got a time
served
sentence for
undefined
cooperation.
Judge Castel
looked behind
the
government's
5K1.1 letter
but Judge
Daniels did
not. And the
UN continues
corrupt. Inner
City Press
will have
more, much
more, on this.
***
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