US
Pompeo
Denounces Iran
Space
Vehicle Launch
Missile Amid
Sanctions
Evidence Cited
In UN Bribery
Case
By Matthew
Russell Lee, Video,
Q&A,
HK here
UNITED NATIONS
GATE, January 15 – Citing Iran
sanctions of the Security
Council of the United Nations,
which under SG Antonio
Guterres continues to accredit
an NGO CEFC which offered to
violate Iran sanctions, US
Secretary of State Mike Pompeo
on December 1 denounced an
Iranian test-fire of a
ballistic missile. Now on
January 15 Pompeo has said,
"In continued defiance of the
international community and UN
Security Council Resolution
2231, the Iranian regime fired
off a space launch vehicle
today. Such vehicles
incorporate technologies that
are virtually identical and
interchangeable with those
used in ballistic missiles,
including intercontinental
ballistic missiles.
Today’s launch furthers Iran’s
ability to eventually build
such a weapon. We have
been clear that we will not
stand for Iran’s flagrant
disregard for international
norms. The United States
is working with our allies and
partners to counter the entire
range of the Islamic
Republic’s threats, including
its missile program, which
threatens Europe and the
Middle East." Here's what
Pompeo said back in December:
"The Iranian regime has just
test-fired a medium range
ballistic missile that is
capable of carrying multiple
warheads. The missile has a
range that allows it to strike
parts of Europe and anywhere
in the Middle East. This
test violates UN Security
Council resolution 2231 that
bans Iran from undertaking
“any activity related to
ballistic missiles designed to
be capable of delivering
nuclear weapons, including
launches using such ballistic
missile technology . . .”
As we have been warning for
some time, Iran’s missile
testing and missile
proliferation is
growing. We are
accumulating risk of
escalation in the region if we
fail to restore
deterrence. We condemn
these activities, and call
upon Iran to cease immediately
all activities related to
ballistic missiles designed to
be capable of delivering
nuclear weapons." In the UN
bribery prosecution by the US
against Patrick Ho of China
Energy Fund Committee whose
trial began with opening
statements on November 26,
evidence of CEFC offering to
violate Iran sanctions will
come in - and Inner City Press
will cover it each day, Day 1
story
here, YouTube here.
After 6 pm on November 26,
this on Iran from US Secretary
of State Mike Pompeo: "Iranian
President Rouhani has once
again called for the
destruction of Israel.
He referred to it as a
“cancerous tumor” and a “fake
regime.” Such statements
inflame tensions in the region
by seemingly calling for
war. At an international
conference on Islamic unity,
Rouhani also encouraged
Muslims worldwide to unite
against the United
States. This is a
dangerous and irresponsible
step that will further deepen
Iran’s isolation.
The Iranian regime is no
friend of America or Israel
when they repeatedly call for
the death of millions,
including Muslims. The Iranian
people know better and do not
agree with their government,
which has badly represented
them to the world for 39
years. The people have
suffered under this tyranny
for far too long." In the CEFC
case, Ho has tried to use
CEFC's ongoing UN "Special
Consultative Status" to avoid
criminal charges. This and
Ho's other motions were denial
by Judge Preska on November
14, including a motion to
exclude testimony from Cheikh
Gadio, from government expert
Mr. Walkout, and to exclude
Ho's dealings with Sam
Kutesa's predecessor as UNGA
President Sam Ashe. All of
this will come in at trial -
and makes the failure by UN
Secretary General Antonio
Guterres to even audit CEFC's
bribes in the UN more
outrageous. This UN-accredited
NGO offered to broker arms not
only to Chad but also Qatar,
Libya and South Sudan, about
which Guterres and the UN
purport to care so much. Ho
and CEFC offered themselves
as way to evade Iran
sanctions. This evidence will
come in a trial; the
government has agreed not to
mention terrorism or US - Iran
relations. A 23 minute video
of Ho's UN speeches will not
come in, being called "gauzy"
as is the UN of Guterres who
has banned Inner City Press
which covers the UN's
increasing corruption, from Ng
Lap Seng and Ashe to CEFC,
Kutesa and beyond, ongoing.
We'll have more on this. Ho
was trying to exclude
testimony from initial
co-defendant Cheikh Gadio
about Chadian President Idriss
Deby's reaction to the bribe.
The papers were filed on
November 13 and are first
being reported by Inner City
Press, which as it covers this
second UN bribery case has
been roughed up and now banned
for 132 days by UN Secretary
General Antonio Guterres who
won't even audit CEFC's
ongoing activities in the UN.
Four months after the arrest
for UN
bribery of former
Senegalese foreign minister
Cheik Gadio and Patrick Ho,
the head of China Energy Fund
Committee full funded by CEFC
China Energy, his ultimate
boss at CEFC Ye Jianming was
brought in for questioning in
China. On October 4 Ho was
again denied bail. Periscope
video here.
On October 22, the new trial
date was set for November 26.
On November 12 Inner City
Press, banned from the UN by
Secretary General Antonio
Guterres amid its questions
about the CEFC bribery and its
connection to the Ng Lap Seng
conviction, asked Guterres and
his spokesmen: "November 12-4:
Now that it is clear that
Foreign Intelligence
Surveilance Act wiretaps show
Sheri Yan, jailed for UN
bribery in the PGA John Ashe
case, communicating and
planned with Patrick Ho of
CEFC, please explain why SG
Antonio Guterres has not even
started an audit into the
range CEFC's bribery and
interactions in the UN, why it
still has access to UN while
Inner City Press which which
pursued Ng Lap Seng's and
Yan's bribery even into the UN
Press Briefing Room (29 Jan
2016) and the Patrick Ho /
CEFC case, has been denied
access to anything in the UN
for 131 days with no due
process." Guterres' deputy
spokesman Farhan Haq conducted
a noon briefing Inner City
Press was banned from,
starting with a total of three
correspondents. Video
here. He and the UN have
not answered since, see below.
After he did not answer - but
he did answer
Yahoo News for a story which,
inexplicably, does not mention
Guterres or his failure to
audit CEFC's activities at the
UN. Others who have done
nothign about the bribery, or
about Guterres' roughing up
and banning of Inner City
Press, like HRW's
Ken Roth and
FP's Colum Lynch,
belatedly retweeted the Ho /
Yan corruption story. But what
will they and the UN they love
so much do? On November 4 Ho's
attempt to "suppress all
evidence obtained or derived
under the Foreign Intelligence
Surveillance Act" was denied,
with a decision that no
hearing on it was needed. The
FISA information includes
wiretaps of Ho and another
bribing NGO the Global
Sustainability Foundations's
Sheri Yan or her deputy
planning to pay bribes. This
is described
today by the Sydney
Morning Herald, which while
saying that UN officials who
it leaves unnamed are
lavishing praises on the Belt
and Road which Ho now uses as
a defense of his alleged
bribes, fails to mention main
praiser Antonio Guterres. Nor
does SMH
- Shaking My Head -- mention
that unlike even Ban Ki-mon
with Ng Lap Seng, Guterres has
refused to even start an audit
into Ho's (and Yang II's)
bribery in the UN, but instead
had roughed up and banned
Inner City Press which reports
on it. Ng Lap Seng paid money
to a group Guterres is slated
to headline a fundraiser for
on December 5, a group he and
his spokesman Stephane
Dujarric use to support their
attack on the investigative
Press. We'll have more on
this. Hong Kong television has
broadcast a report on these
alleged UN and Deby bribes,
including an interview with
Inner City Press which has
been banned from the UN by
Antonio Guterres amid its
coverage of UN corruption and
Guterres' refusal to even
audit, has been broadcast. The
Court's ruling against Ho on
FISA notes that "FISA requires
a finding of probable cause to
believe that: (1) the target
of the electronic surveillance
or physical search is a
foreign power or an agent
of a foreign power."
There will be at least one
more court session before the
trial starts; voir dire and
jury instructions are being
debated. The reckoning time is
approaching. In a hearing
Inner City Press covered -
there were no other UN
correspondents there, for this
UN bribery case - it emerged
that the prosecution has
turned over 3,300 emails to a
vendor, and that each side
will meet with Judge Preska
"in camera" about Confidential
Information, under US v
Mustafa, 992 F. Supp. 2d 335.
Video here.
We'll have more on this. Ho's
lawyers, paid by CEFC, are
arguing that the Chinese
government's One Belt, One
Road (OBOR) campaign, under
which they says Ho's payments
were made, must be considered
at the delayed trial with
testimony from "Professor
Kirby as 'an expert in
contemporary China’s business,
economic, and political
development with a particular
focus on international
activities.'" Given the many
times
as UN Secretary General that
Antonio Guterres, who has
refused to even audit CEFC's
and Ho's payments in the UN,
has praised China's One Belt,
One Road - might Guterres be
called or offer himself as a
pro-Ho defense witness at
trial? Guterres already maintains
a secret banned from the UN
list including "political
activists," see here. His
failure to audit is also
covering up UN-accredited NGO
CEFC's communications with
"Iranian officials, apparently
so that they could discuss
potential transactions
involving oil or precious
metals. (See Gov’t Br. at
11-12.) The government
proffers “evidence of the
defendant’s interest in and
willingness
to broker transactions in
arms.” (Gov’t Br. at 12.)
Specifically, the government
proffers evidence that Dr.
Cheikh Gadio purported to pass
to Dr. Ho a request from
President Déby that CEFC
Energy intervene with the
Chinese government to cause it
to provide arms to Déby so
that he could fight Boko
Haram. (Id. at 12-13.) It also
proffers evidence that Dr. Ho
emailed with “an individual”
in March and April 2015 about
selling arms to South Sudan,
Qatar, and Libya." On October
9 the prosecution requested
that the trial begin later
than the scheduled November 5,
writing to Judge Loretta
A. Preska
among other things that "this
past Friday, October 5, 2018,
the defendant submitted a
classified notice pursuant to
Section 5 of the Classified
Information Procedures Act
(“CIPA”). The defendant could
have filed such notice a
number of weeks ago, but
waited until the very last day
on which such a filing would
be deemed timely under CIPA.
The defendant also did not
notify the Government that he
intended to submit such a
notice until the Court
directed the parties to confer
during last
week’s conference. The
Government now has to draft,
have approved for submission,
and submit
a classified response in
opposition, in which it
intends to request a hearing
concerning the use, relevance,
and admissibility of
classified information that
would otherwise be made public
by the defense during the
trial, and expects, assuming
appropriate authorization is
provided, to request that the
hearing be held in camera."
If Ho's lawyers were slow, the
US government's Voice of
America is more so: it took it
five days to report on the
public bail hearing held in
lower Manhattan on October 4.
Tellingly, the report
did not include VOA's
long-time UN embedded reporter
Margaret Besheer, nor did it
mention Ho's arms brokering to
South Sudan nor the name of
previous and convicted UN
briber Ng Lap Seng. Besheer
has worked with Secretary
General
Antonio
Guterres'
spokesman
Stephane
Dujarric to
bar Inner City
Press from even entering the UN
and is involved with a pro-UN
correspondents group which
took $50,000 from Ng then
provided the venue for his
photo op with the UN Secretary
General. Similar quid pro
quos are expected with
Guterres on December 5 on 42nd
Street, watch this site. Back
on October 4 Ho's lawyers
argued that dropping the case
against Gadio - who will
testify against Ho - means
that Ho conspired with no one.
But Gadio will say he didn't
know Ho had $2 million in cash
for Chad President Deby in
gift boxes; he's being allowed
(or made) to say that Deby
didn't know either. But this
ham handed bribe was converted
into a bogus philanthropic
gift -- consciousness of
guilt, as it were. The trial
date of November 5 may not be
set in stone, as the defense
is planning a filing under
Section 5 of the Classified
Information Procedures Act
(CIPA) to use classified
information. Ho has a $2.1
million account in UBS, but
Judge Preska said this wasn't
the main factor in denying
bail. The sleight of hand on
Gadio has no impact on the
"Uganda scheme" with Sam
Kutesa, with whom UN Secretary
General Antonio Guterres has
dealings. Guterres still
hasn't started an audit of
CEFC - which was openly named
in the court hearing on
October 4 - in the UN. We'll
have more on this. This week
in court filings the
prosecution make it clear how
corrupt the UN is, and why it
has banned Inner City Press
which reports on it: Ho bribed
not one but two Presidents of
the General Assembly, and
brokered weapons not only to
Chad but also Qatar, whose Al
Jazeera got the exclusive of
Guterres' selection as SG and
after getting spoonfed by
Guterres' spokesman Stephane
Dujarric on June 19
collaborated to get Inner City
Press roughed up and banned
since by Guterres' corrupt UN.
And STILL Guterres,
whose son does UNdisclosed
business in Angola, Namibia,
Sao Tomo and Cabo Verde, has
not even started an audit,
only roughed up the Press and
banned it now for 93 days.
From this week's filing:
"Evidence of Transactions with
Iran The evidence of the
defendant’s interest in and
willingness to broker
transactions in or with Iran
principally consists of
emails, spanning a
multiple-year period. To
choose a few examples: In
October 2014, the defendant
sent his assistant an email
stating, “I am going to BJ
[i.e., Beijing] this Friday to
see [the Chairman of CEFC NGO
and CEFC China] on Sat
afternoon. The documents I
want to send him before hand
in separate items are: . . .
7. Iranian connection
(brief).”4 On the same date,
the defendant sent his
assistant another email,
attaching a document, which
stated, in pertinent part: 7)
Iranian Connection . . . Iran
has money in a Bank in china
which s under sanction. Iran
wishes to purchase precious
metal with this money. The
precious metal is available
through a Bank in HK which
cannot accept money from the
Bank in China which holds the
money but is under sanction.
The Iranian agent is looking
for a Chinese company acting
as a middle man in such
transactions and will pay
commission. (details to be
presented orally) The Iranian
connection has strong urge to
establish trading relationship
with us in oil and products .
. . . The following year, in
June 2015, the defendant
received an email that stated,
in pertinent part: “The
Iranian team will arrive in BJ
. . . . See the attached.” The
attachment referenced in the
email was a PowerPoint
presentation entitled
“Presentation to Potential
Partners Iran Petroleum
Investments.” The next day,
the defendant forwarded the
email to his assistant,
stating, “For writing report
to [the Chairman of CEFC NGO
and CEFC China].”
The following year, in June
2016, the defendant emailed
another individual,
blindcopying
his assistant, and stated, in
pertinent part, “Will get [two
executives of CEFC China] to
meet with [oil executive at
company with operations in
Iran] in BJ, and [another
individual] also on another
occasion if he comes. You can
start organizing these. . . .
Other matters ftf [i.e., face
to face].” And also "an email
exchange in which Gadio asked
the defendant: “Do you think
CEFC can intervene with the
Chinese state to get an
urgent, extremely confidential
and significant military
weapon assistance to our
friend [the President of Chad]
who has engaged in the battle
of his life against the devils
of Bokko Haram?,” to which the
defendant replied, “Your
important message has been
forwarded. It is being given
the highest level of
consideration. Will inform you
once I hear back.”
The defendant also sought to
and did broker arms
transactions unrelated to the
Chad and
Uganda schemes charged in this
case. For example: In March
2015, an individual sent the
defendant an email, stating,
“I have the list and end user
agreement. Pls advise next
step.” On the same day, the
defendant replied, in
pertinent part, “Find a way to
pass them onto me and we can
execute that right away[].”
The individual replied,
“Attached. [W]e have the
funding and processing
mechanisms in place. If it
works nice there will be much
more. Also for S. Sudan.” The
attachment to this email was a
document entitled “End User
Certificate,” certifying that
the user of the goods in
question would be the Ministry
of Defense of the Republic of
Libya. The goods listed on the
document included numerous
arms. The following month, the
defendant sent an email that
stated in pertinent part: “It
so turns out Qatar also needs
urgently a list of toys from
us. But for the same reason we
had for Libya, we cannot sell
directly to them. Is there a
way you could act as an
intermediary in both cases?”
The person whom the defendant
emailed replied: “Qatar good
chance bc there is no embargo.
Libya is another case bc going
against an embargo is tricky.”
The defendant responded:
“Qatar needs new toys quite
urgently. Their chief is
coming to China and we hope to
give them a piece of good
news. Please confirm soonest.”
This is outrageous, that an
NGO still accredited under
Guterres was selling weapons
into South South, Libya and
Qatar. Resign. And, on
multiple PGAs: "among the
individuals whom the defendant
[Patrick Ho] is charged with
bribing is Sam Kutesa, the
Ugandan Foreign Minister. The
Government expects that the
evidence will show that the
corrupt relationship between
the defendant and Kutesa
developed between in or about
September 2014 and September
2015, when Kutesa was serving
as the PGA (specifically, the
PGA for the 69th session of
the UN General Assembly). The
evidence, in both the form of
emails and a recorded phone
call, also shows that, just
as he did with respect to
Kutesa when he was the PGA,
the defendant sought to
cultivate a
business relationship with
Kutesa’s predecessor, John
Ashe, who served as the PGA
between in
or about September 2013 and
September 2014. As he did with
Kutesa, the defendant began by
introducing himself to Ashe as
the Secretary-General of CEFC
NGO. And just as he did with
Kutesa when he served as the
PGA, the defendant invited
Ashe to visit CEFC NGO in Hong
Kong and to speak at various
events.
In mid-April 2014, Ashe
traveled to Hong Kong and met
with the defendant and others.
After the trip, Ashe’s aide
sent a letter to the defendant
thanking the Chairman of CEFC
NGO (who was also the Chairman
of CEFC China) for the
contribution of $50,000 to
support the PGA. The aide had
solicited the contribution
from the defendant prior to
the Hong Kong trip, and the
defendant had confirmed that
CEFC NGO would make the
contribution.
In or about early June 2014,
the defendant requested that
Ashe officiate over a forum
that
CEFC NGO was planning to hold
at the UN, and also attend and
officiate over a luncheon at
the UN the following day. (The
defendant made virtually the
same request of Kutesa once he
became the PGA.) The day
before the forum (July 6,
2014), the defendant emailed
two business associates of
Ashe, who assisted him in
raising funds, to invite them
to the forum and luncheon and
to request their assistance in
“urg[ing] the PGA to grace the
occasion with his presence and
to deliver a short remark.”
On or about the same day, the
defendant and one of these
associates (“Associate-1”)
spoke by phone. (See Ex. A
(draft transcript).) During
the call, which was recorded,
the
defendant confirmed that he
wanted Ashe to attend his
event. The following
conversation then took place:
Associate-1: So the last
question, so sorry if I ask
too direct. . . . [H]ave you,
made some
contribution to him . . . ?
The defendant: Yeah, we
already paid.
Associate-1: Oh you did?
OkayThe defendant: Well, not a
whole lot but it’s—it’s okay.
On a couple of occasions. But
I
think the major contribution
will come in after we talk
about what he can—what he can
help us with.
Associate-1: What you—what you
mean major contribution? It’s
after he return uh—
leave the job?
The defendant: Yes, yes.
. . .
Associate-1: Wonderful . . .
okay.
The defendant: That’s not
a—that’s not a problem. The
problem is—uh, it’s give and
take.
Associate-1: Give and take.
That’s—of course. This is
the—this is business, right?
The defendant: Yeah, right.
2 These two business
associates subsequently
pleaded guilty to bribing
Ashe, based on
conduct unrelated to the
defendant and CEFC. Ashe was
charged with tax offenses
arising from
his allegedly failing to
disclose bribe payments as
income. He passed away before
trial, and the
charges against him were
therefore dismissed." We'll
have more on this. On July 19,
the lawyers for Patrick Ho,
led by Benjamin Rosenberg of
Dechert LLP, argued before
U.S. District Judge Loretta
Preska that count after count
of the indicts should be
dismissed. Edward Kim of
Krieger Kim & Lewin LLP
tried to get Ho's emails and
text messages suppressed,
without success. On August 9,
Ho's appeal to the Second
Circuit Court of Appeals to
get out on bail was again
denied. Now the
prosecution,
opposing yet
another Ho
bail
application,
has written:
"Gadio has
been meeting with
the Government
for some time
and he is
expected to
testify at
trial pursuant
to a recently
executed non-prosecution
agreement.
And far from
weakening the
case, Gadio’s
testimony will provide
substantial
evidence of
the
defendant’s
guilt. As
the defendant
is well-aware
from a written
disclosure
made by the
Government
more than
four months
ago, Gadio is
expected to
testify, in
sum and among
other things,
that (i) the defendant
provided $2
million in
cash,
concealed
within a gift
box, to the
President of
Chad in connection
with a
business
meeting in
Chad in or
about December
2014, (ii) the
President
refused to
accept this
obvious bribe,
which Gadio
understood was
connected to
the
defendant’s
interest in business
opportunities
in Chad, and
(iii) the
defendant
thereafter
drafted a
letter to the
President, purporting
to pledge this
$2 million to
charitable
causes, but
the defendant
appeared to
have no interest
in doing
charitable
works in Chad,
and indeed,
the defendant
never asked
Gadio about
the status
of the
purported
“donation” or
made any other
reference to
the subject.
(See Def. Ltr.
Ex. A.) This
expected
testimony
considerably
strengthens
the
Government’s
proof beyond
the
already-strong
case reflected
in the
detailed
Complaint. The
Complaint
explained
that,
following a
December 2014
business
meeting in
Chad, the
defendant
drafted a
letter
pledging a $2
million so-called
“donation” to
“the people of
Chad at [the
President of
Chad’s]
personal
disposal to support
[his] social
and other
programs as
[he] see[s]
fit.” (Compl.
¶ 28(a).) The
Complaint did not,
however,
explain
whether—and at
what point—any
money was
actually paid.
Gadio’s expected
testimony
makes clear
that, in fact,
the defendant
provided $2
million in
cash directly
to the
President,
concealed
within a gift
box, and that
the pledge
letter was
drafted after
the bribe had
already been
offered. Thus,
the evidence
of the defendant’s
intent to
bribe the
President of
Chad is,
on the whole,
much more
robust in
light of
Gadio’s
expected
testimony." On
September
24, a letter
from May was disclosed: UN
accredited
executive of
an NGO still
in ECOSOC handed
Deby of Chad
$2 million in a
box, for oil.
This is the
UN, which
won't even
audit this
scandal. Guterres
is corruption
- and on September
26 even banned
Inner City
Press which reports on
this from a
human rights
event. We'll
have more on
this. On
September 15,
the day after
Ho's
co-defendant
Cheik Gadio
had the case
against him
dropped by
Prosecutor
Douglas
Zolkind, who
ask worked to
convict Ng Lap
Seng using
testimony of
apparently
still free
Francis
Lorenzo.
Sean Hecker, a lawyer for Mr.
Gadio said that “Dr. Gadio
looks forward to continuing to
cooperate with U.S.
authorities." But when Agence
France Presse reported it, as
picked
up in the media in
Nigeria, it was "Gadio Is
Cleared." Is that how they
report, for example, Manafort?
It is, you see, a serious UN
bribery case, even as UN
Secretary General Antonio
Guterres not only does not
start an audit of who else has
been bribed by CEFC and Ho,
but audaciously ousts,
roughs up and imposes a
ban on -- extended on
August 17 to
life
or at least #UNGA73 when
representatives of China and
Chad, Uganda and Senegal will
be in the UN -- the only
media, Inner City Press, which
asks him about it. Instead his
team solicits the same trolls
army as before, to monitor and
leak files to try to
post-facto justify Guterres'
censorship. This is
corruption, to the heart of
the UN. The trial of the still
incarcerated Ho begins in
November. Somewhere, one
imagines, UN PGA Sam Kutesa
worries, Chadian head of state
Idriss Deby less so. And the
UN of Antonio Guterres,
implicated, doesn't even audit
who at the UN took CEFC's
money, preferring instead to
rough up, oust and ban the
Press which asks. Fox
News story here,
GAP blogs I
and II,
Independent here.
On July 19 first Rosenberg
argued that under the Foreign
Corrupt Practices Act, if
Patrick Ho is a "domestic
concern" some counts of the
indictment must be dropped.
The prosecution called the
argument absurd -- Ho is a
national of China and a
resident of Hong Kong who
acted for the "Energy NGO"
China Energy Fund Committee in
allegedly bribing UN President
of the General Assembly Sam
Kutesa, as well as Chad's
President Idriss Deby - and
the judge agreed. Next they
argued that even a series of
transfers from HSBC in Hong
Kong to HSBC in New York to
Mashreq Bank in NY to Mashreq
Bank in Dubai did not fall
under the money laundering
statute. The judge, citing the
the Daccarett case and Julius
Baer cases from DC, disagreed.
Periscope video here.
The motions to dismiss
were denied, and Inner City
Press left the court to deal
with the UN, where Guterres
even has Inner City Press
banned from covering his July
20 meeting with US
Secretary of State Mike
Pompeo, and Pompeo's press
remarks with Nikki Haley,
UNwisely held inside the UN.
We'll have more on this. Inner
City Press made this
connection: the president of
ECOSOC is Marie Chatardová,
Permanent Representative of
the Czech Republic to the UN.
Her president, in Prague
Castle, is Miloš Zeman -- who,
like Uganda's Foreign Minister
Sam Kutesa when he was UN
President of the General
Assembly, made Ye Jianming an
official adviser.
(Inner City Press' CEFC
investigative covered has been
picked up in the Czech media,
for example here.)
Now on
April 17,
Zeman is set
to meet this
week
with another
Chinese state
owned
firm, CITIC
and its
chairman, Chang
Zhenming. CITIC
is reportedly
seeking to buy a
stake in
CEFC's
Czech-based
unit CEFC
Europe. So
Inner City
Press asks,
would CITIC buy its
way into China
Energy Fund Group's
consultative
status with
ECOSOC, presided
over by the
Czech
Republic? The
Czech Mission
to the UN, and
ECOSOC's
supposed
spokesperson
Paul Simon, have
yet to answer
any of Inner
City Press'
written
questions.
This is
today's UN,
under Antonio
Guterres.
Earlier, Zeman sent two
officials to Chinese to
inquire into the status or, or
help, Ye Jianming:
chancellor Vratislav Mynár and
economic advisor Martin
Nejedlý flew to Shanghai on
March 13, along with
CEFC European division
head Jaroslav Tvrdik, and have
now returned. They said Ye “is
being investigated for a
suspicion of breaking the
law,” after meeting CEFC
President Chan Chauto. CEFC’s
Czech-based unit CEFC Europe
said: “CEFC Europe has been
informed about the planned
change in the shareholder
structure in which Mr Ye
Jienming will no longer be
active as a shareholder nor in
the company’s leadership. NOW
might Zeman's Representative Chatardová
belatedly take
action in the
UN ECOSOC of
which she is
President?
Inner City
Press has repeatedly written
to the Czech Mission to the
UN, to the attention of
Marie Chatardová
as President of ECOSOC, asking
how China Energy Fund
Committee given all of the
above can remain in special
consultative status with
ECOSOC. The Czech
Mission has not answered,
including when the question
is raised
at the UN's televised
noon briefing,
as Inner City
Press asked again
on March 19, UN transcript
here:
Inner City
Press: Deputy SG
Amina J. Mohammed
is going
to the Czech
Republic about
ECOSOC [Economic
and Social
Council].
So, I was going
to and may still
ask Brenden
[Varma] this,
but I wanted to
ask you
this. It
has arisen that the
China Energy
Fund Committee, the
ultimate owner
in Shanghai has
purportedly been
brought in for
questioning, and
it turns out he
was not only an
adviser to Sam
Kutesa as PGA
[President of
the General
Assembly], but
also an adviser
of the Czech
Republic
President.
The
Czech Republic
has sent people
to sort of look
into his
situation, but
the Czech
Republic also
has the
presidency of
ECOSOC.
So, noting that
I haven't gotten
any answer from
the Czech
Mission, my
question is…
Spokesman:
I think those
are questions
that you should
address to the
Presidency of
ECOSOC.
Inner
City Press:
I guess but my
question is an
overall UN
question.
Is there… is
there any… it
seems like it
might be a
conflict of
interest if your
President has a
business
relationship
with an NGO to
be in charge of
the committee
that is either…
how do we get an
answer if…?
Spokesman:
That is a
question for
the… that’s a
question for
Member
States.
Member States
elect the
Presidency of
ECOSOC.
They elect the
bureau.
Those are Member
State
questions.
I struggle to
answer the
questions
directed to the
Secretary-General.
I think Member
States need to
answer other
questions."
But again, the
Czech Mission
has not
answered repeated
written
questions. For
example:
"Hello - this concerned
ECOSOC, reiterating Inner
City Press' question from
November 28: yesterday in US
Federal Court, China Energy
Fund Committee was described
as a front for bribes paid
to former PGA Kutesa and
others.
See, e.g.,
HlidacipPes.org, Czech
Republic: “Global corruption
scandal. The CEFC scrap,
which the Czech Republic
does not notice much, though
it should” [citing
Inner City Press' UN
corruption coverage]
The US has executed search
warrants on this NGO's
offices. But it is still
saying it is in "special
consultative status" with
ECOSOC.
What action has been taken
by ECOSOC and/or its NGO
Committee? How is the
months-long inaction
consistent with the
principles of the UN and
ECOSOC?
I asked again yesterday at
the UN noon briefing, but am
told the Secretariat has or
will take no role. So I am
asking you again. Please
confirm receipt. Thank you
in advance."
The
Czech Mission, like Antonio
Guterres' Secretariat's
spokesperson for ECOSOC, has
refused to answer. As to the
Czech Republic, the reason for
inaction and stonewalling of
the Press may now be clear -
alongside Antonio Guterres'
Secretariat. We'll have more
on this.
Nor was the UN
even mentioned in the New York
Times' story about CEFC -
Kutesa was, but not that he
was PGA. This is propaganda.
This comes while the UN,
embroiled in a second
corruption case involving Ng
Lap Seng whose assistant
Jeffrey Yim was sentenced to
seven months in prison on
February 28 (Inner City Press
coverage here),
has yet to even remove CEFC
from its "special consultative
status" to the UN Economic and
Social Council. Now with the
Chinese government taking
action, for whatever its
reason, will the UN belatedly
move? Inner City Press asked
UN Spokesman Stephane Dujarric
on March 1, video here,
UN transcript here:
Inner City Press: this China
Energy Fund Committee (CEFC)
case, the head of the whole
organization in China has been
called in for questioning, Mr.
Ye Jianming. And I
wanted to know, because it
seems like since that
indictment in November, China
Energy Fund Committee has
remained with special
consultative status…
Spokesman: We've… I've
answered that question
already. That is an
issue… the Member States… a
Member State committee grants
that special consultative
status to the NGO. That
Member State committee needs
to act if they want to
withdraw that status. Inner
City Press: António Guterres
is the head of the UN
system. Does he have…
does he have… has he taken
note that there are two
separate developing UN
corruption cases involving
briberies taking place at the
UN and what’s his response…?
Spokesman: We're very
much aware of the issue and
our legal counsel… our legal
office is cooperating on these
cases with the national
authorities." We'll have more
on this claim. Tellingly,
Reuters which barely covers
the UN corruption cases - in
fact, it has a board seat on
the UN Correspondents
Association which accepted
$50,000 from Ng Lap Seng's
South South News - "reports"
on the question of
Ye Jianming
and CEFC's business in the Czech
Republic, Russia (last
year's deal for a 14 percent
stake in Rosneft PJSC
for $9 billion) and Kazakhstan
without even MENTIONING
the indictment of Ho of CEFC,
and the clear reference to Ye
Jianming
in the indictment, in
connection with Sam Kutesa and
the Uganda scheme. We'll have
more on this. Ho was denied
bail on February 5, in a
lengthy oral order that found
the weight of evidence against
him substantial. On November
20, the US Attorney for the
Southern District of New York
issued an indictment against
the head of the UN ECOSOC
accredited China Energy Fund
Committee (CEFC) Patrick Ho
and former
Senegal
foreign
minister
Cheikh Gadio,
accused
together of bribing Chad's
President Idriss Deby -- as
well as, for Ho, of bribing
former UN President of the
General Assembly Sam Kutesa,
now as then the foreign
minister of Uganda, since
2005, allegedly for the
benefit of President Yoweri
Museveni. On February 5, Inner
City Press asked the UN
Spokesman why CEFC is still in
"special consultative status"
with ECOSOC, transcript here
(video here)
and below, than ran to the
courthouse. There, US District
Court Judge Katherine Forrest
asked Prosecutor Daniel C.
Richenthal to describe the
weight of the evidence. "How
strong is your case?" she
asked, to some laughter. Very
strong, he said, adding that
Ho has been emailing the
"Shanghai-based Energy
Company" (that would be CEFC
China Energy) from MCC
detention, to launch a public
relations campaign. It may be
backfiring: Judge Forrest in
her ruling denying bail noted
that if Chinese government
press is describing the case
as political, it would make
fleeing and remaining in China
all the easier. Richenthal
said that Ho could travel to
other places - he listed Chad,
Uganda, Iran and Russia. The
continued home detention of UN
bribery convictee was raised
by Richenthal and Judge
Forrest, and not favorably.
Gadio was alluded to as not
yet indicted - he'd said to be
talking about a plea - and
Judge Forrest emphasized
November 5 as the trial date.
She said there was leave to
re-apply for bail but said
such an application should
include what Ho's lawyer Mr
Kim called the "context" of
the payments. Kim said they
including country-wide
charitable and military aid.
From a Chinese energy company?
From the UN's February 5 transcript:
Inner City Press: Patrick Ho,
who is the head of the China
Energy Fund Committee, is
arguing again for bail
today. And the US, in
opposing it, put it in writing
that they've executed a search
warrant at China Energy Fund
Committee, the NGO's
(non-governmental
organization) offices in
Virginia. It seems the
China Energy Fund Committee is
still in special consultative
status with ECOSOC (Economic
and Social Council) even as
its offices are being raided
and… and its head is in
jail. What are the
procedures for… for…?
Spokesman: As far as I'm
aware… you know, the
consultative status of ECOSOC,
as opposed to the DPI
(Department of Public
Information) status, is one
that is managed by the Member
States. There is a
committee of ECOSOC that is
made up of Member
States. They give… they
grant or deny consultative
status to various NGOs.
I think we'll have to look…
you can contact ECOSOC to see
what the exact rules are, but
my assumption would be that,
if Member States grant, only
Member States can take away."
So, Guterres is doing nothing.
On February 6, after another
non-response by ECOSOC's
chair, Inner City Press asked
Guterres' and Dujarric's
Deputy Farhan Haq, video here,
UN transcript here:
Inner City Press:
yesterday, the… Patrick Ho,
the head of the China Energy
Fund Committee here, was
denied bail. And in the…
in the hearing, basically, the
prosecution said and the judge
said that she found weight to
be given to the evidence that
basically the NGO
[non-governmental
organization] was a front for
bribery to Sam Kutesa and
others. So, given that…
how this trial is going, I'm
wondering, again, Stéphane
[Dujarric] had said that the
Secretariat plays no role in
sort of following through and
making sure that China Energy
Fund Committee can't continue
to say it's a… in special
consultative status with
ECOSOC [Economic and Social
Council]. I've written
to the ECOSOC chair now twice,
28 November 2017 and today,
but I don't have anything
back. Is there any
spokesperson for ECOSOC that
can at least say what the
process is? Deputy
Spokesman: There is a
spokesperson for the President
of the Economic and Social
[Council], and I can give you
that contact afterwards. Inner
City Press: Because… because
Brenden… oh. Yeah.
Anyways, I'd written before to
that same individual, and
there was no response.
I'm just… guess I'm wondering,
what is their… what is the…
does the Secretary-General…
given that trial that's now
moving forward and what's
coming out in it, does he
believe in the same way that
he has… asserting himself as
to agencies on other issues,
that he should maybe get
involved to ensure that
there's not a… a named briber
saying that they're in
consultative status with the
UN? Deputy Spokesman:
"Well, UN bodies themselves
have been dealing with the
problems created by the China
Energy Fund Committee in their
own ways, but what you're
talking about is consultative
status that's granted by
Member States through the
Economic and Social Council,
and that decision would have
to be taken by Member States."
Then Inner City Press emailed
the alluded to spokesman, one
Paul Simon. Hours later,
nothing. In advance of the
February 5, the prosecution in
writing asserted that "since
the Complaint
was signed and
Ho was
arrested, the
evidence of
his guilt has
only become
stronger, as
the Government
has
interviewed
witnesses,
executed
search
warrants
(including for
the Virginia
office of the
Energy NGO),
and obtained
documents from
third
parties."
Tellingly,
this Energy
NGO, China
Energy Fund
Committee, is
*still* in
special
consultative
status with
the UN's Economic and
Social Council - and Guterres
met with Uganda's Museveni,
who is in the complaint, at
the same AU summit where
Guterres met
Sudan's Omar al Bashir,
without issuing any read-out.
The prosecution's letter cites
the "President of the UN
General Assembly (the “Ugandan
Foreign Minister”). Ho also
provided the Ugandan Foreign
Minister, as well as the
President of Uganda (who is
the Ugandan Foreign Minister’s
relative), with gifts and
promises of future benefits,
including offering to let both
officials share in the profits
of a potential joint venture
in Uganda involving the Energy
Company and the officials’
family businesses." On January
27, after belatedly dropping
CEFC from the UN Global
Compact, Guterres in Addis
Ababa met Museveni, with
Kutesa himself in Addis as
well. Museveni tweeted a photo
and read out -- "Met UN
Secretary General
@antonioguterres on the
sidelines of the 30th AU
Ordinary Summit in Addis
Ababa. We discussed regional
peace, UN reforms and support
for refugees." Meanwhile,
consistent his declining
transparency, Guterres did not
issue any read out. Did the UN
bribery scandal come up? Or
get further covered up? As
Inner City Press pursues this
story and others, Guterres and
his "Global Communicator"
Alison Smale, seen January 26
in South Carolina praising
a Chinese airline while
mis-allocating funds
meant for Kiswahili radio,
keep Inner City Press more
restricted in the UN than
no-show state media. This is
censorship for corruption.
Inner City Press
has covered
the Ho / Gadio, Kutesa /
Museveni case and repeatedly asked the UN Spokesman why
Secretary General Antonio
Guterres has not even started
an audit based on the
indictment, including of how
CEFC got its UN status and
even remains in the UN Global
Compact espousing
anti-corruption goals. On
January 16, Inner City Press
put the question directly to
Antonio Guterres, video here,
UN transcript here,
and below. Guterres said "I
will look into
it... We don't want the
Compact to have companies that
do not abide by the set of
principles." But a week
passed, and nothing. On
January 24, Inner City Press
asked again. And on January
25, Guterres' spokesman
Stephane Dujarric announced,
Matthew you've asked once or
twice, the Global Compact has
suspended China Energy Fund
Committee (CEFC China Energy).
But, Inner City Press notes, China Energy Fund
Committee is *still* in
special consultative status
with UN ECOSOC. And there has
been no audit of the other
connections. We'll have more
on this. From the UN's January
16 transcript: Q: Matthew Lee,
Inner City Press, on behalf of
the Free
UN Coalition for Access,
hoping for more question and
answer in 2018, as you said.
In November, there there was
an indictment announced in
Federal Court downtown of the
head of an ECOSOC (Economic
and Social Council)-accredited
NGO for bribing, allegedly
bribing, the President of the
General Assembly, Sam Kutesa,
to benefit the China Energy
Fund Committee. And I wanted
to ask you, that remains still
in the Global Compact, and
there hasn't been even an
audit or anything created. Why
haven't you started an audit
in that case? Why is the
beneficiary of what's
described as bribery in the UN
still in the Global Compact?
And how do your reforms
preclude or make impossible
this type of bribery that's
now happened twice under John
Ashe, may he rest in peace,
and under Sam Kutesa? SG
Guterres: "In relation to
other cases, I would like to
say that I'm not aware of
presence in the Compact or
whatever. I will have to look
into it. I will look into it.
What is clear for me is that
we don't want the Compact to
have companies that do not
abide by the set of principles
that were defined in the
constitution of the Compact.
There is a code of conduct
that is there, and that should
be respected. So, I don't know
exactly what happened in the
compact in that regard. I will
look into that." We'll see.
Ho's lawyers said in court
filing he would be asking to
be released on bail in
connection with his
arraignment on January 8, and
his argument included that he
is the head of "UN recognized"
NGO similar, Ho's brief
argued, to the American Bar
Association, the Salvation
Army and the World Jewish
Congress.
But when Ho
pleaded not guilty to the
eight counts against him on
January 8, his lawyers did not
in fact pursue bail, and
declined to comment after.
(Sidewalk stakeout photo here,
h/t) So, Ho remains in jail.
His lawyers' filing, dated
January 5, says Ho is "the
leader of a non-governmental
organization recognized by the
United Nations....After
leaving government service,
Dr. Ho became the Deputy
Chairman and Secretary General
of the China Energy Fund
Committee (“CEFC”), a Hong
Kong based non governmental
organization that has Special
Consultative Status with the
United Nations Economic and
Social Council. Other
organizations with Special
Consultative Status include
the American Bar Association,
the Salvation Army, and the
World Jewish Congress." The
proposal was for Ho to be
released on $10 million bond
secured by $2 million in cash,
into home detention in
Manhattan with electronic
monitoring.
We'll have more
on this.
***
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