Former
USC Coach Tony Bland Gets 2
Years Probation For Las Vegas
Bribe By Dawkins
By Matthew
Russell Lee, #SDNYLIVE,
Scope
SDNY COURTHOUSE,
June 5 – Former USC assistant
basketball coach Tony Bland
was sentenced to two years
probation and 100 hour of
community service on June 5 by
U.S. District Court for the
Southern District of New York
Judge Edgardo Ramos. Bland
will also have to pay back the
$4,100 payment he received, on
video tape in a hotel room in
Las Vegas, from co-defendant
Christian Dawkins.
Before
Judge Ramos passed sentence,
Bland's defense lawyer Jeffrey
Lichtman described Bland's
tough childhood in Watts,
comparing it to his own and to
that of Assistant U.S.
Attorney Eli Mark. Lichtman
and Mark has faced off at a
sentencing only the day
before, of Municipal Credit
Union former CEO Kam Wong who,
for stealing $9.8 million to
spend on lottery tickets was
sentenced to 66 months in
prison by SDNY Judge John
Koeltl. Inner City Press
coverage here.
Lichtman
said that while there had been
a lot of angry victim letters
against his client Kam Wong,
there were none against Tony
Bland. He said that Bland has
become a friend. Kam Wong,
apparently, not so much.
Judge
Ramos, in his courtroom where
he recently heard the Trump
v. Deutsche Bank case
now on appeal to the Second
Circuit [Inner City Press
coverage here],
asked AUSA Mark if the
allegedly victimized student
athletes had spoken to the
grand jury. This question was
understandably not answered,
at least not as to the grand
jury.
He said
that the legitimacy or not of
not paying college athletes
had not played a role in his
view of the case or
sentencing. He praised Bland
for, despite his childhood,
having had no criminal history
before this, and even now only
a non-violent offense. He
disagreed with Lichtman's
statement, or argument, that
Bland is "finished." He may
not work in basketball but it
is a big world. The case is US
v. Evans, et al.,
17-cr-684 (Ramos).
Back in May 9 in
the NCAA college basketball
bribery trial before Judge
Ramos, the jury found
Christian Dawkins guilty on
two of the six counts against
him, Merl Code of only one.
Code by the elevator outside
the courtroom told the press
that there had been no
evidence showing him bribing
any one but that the verdict
is the verdict and that he and
his legal team with work on
it.
Afterward
just outside the courthouse
where it is allowed to film,
Inner City Press asked
Dawkins' lawyer Steve Haney if
he thinks U.S. Attorney
Geoffrey S. Berman should be
going after bigger fish
("yes") and about the Pre
Sentencing Reports and
possible concurrent running of
this new sentence with the six
months imposed on Dawkings in
the previous James Gatto case.
Video here.
We'll have more on this.
There is a
continuum of focus on the
Office of the U.S. Attorney
for the Southern District of
New York, ranging down from
investigations of Donald Trump
through this coming week's
narrowing NCAA
basketball corruption trial
down to the extremely narrow
prosecution of only Patrick Ho
for United Nations
bribery.
While rarely
viewed together, there is a
pattern here, examined
below. On the morning of May 6
Christian Dawkins' attorney
Steve Haney played audio clips
and said they showed Dawkins
may have paid players and
their families but did not pay
coaches. Rather, he just took
Jeff D'Angelo's money. Haney
urged the jury, to begin
deliberating later in the day,
NOT to get on Jeff D'Angelo's
yacht but rather to say bon
voyage to his, a government
agent, and the government's
case. There was Merl Code in a
conversation on wire tap about
taking D'Angelo's money by
taking up to Madison Square
Garden to meet Melo and
Porginzis, and a reference (in
the transcript) to "[U/I]
Williamson." Can you say,
Zion?
On the afternoon
of May 3 On the morning of May
3 Assistant
U.S. Attorney
Noah
Solowiejczyk
ran out the
clock until 2
pm, pushing
the defense
summations
back until May
6.
Solowiejczyk
showed
exhibits about
"taking care
of the moms"
of Jahvon
Quinerly,
admitted that
Marty Blazer
is a convicted
fraudster and
closed by
accusing Merl
Code of
"conscious
avoidance."
The defense
projected
using two
hours, then
the final U.S.
statement in
45 monhts or
less. Earlier
on May 3 Judge
Edgardo Ramos read his charge
to the jury, omitting the
state law of Oklahoma and
California (of Tony Bland).
Then Assistant U.S. Attorney Solowiejczyk
called
Christian
Dawkins a
liar, playing
audio
that he and
Preston Murphy
DID spoke
about a Marcus,
Marcus Foster
who played for
Creighton, not
the Marcus
Phillips
Dawkins (he
said) made up
making up. The back
of the
courtroom was
full of other
Assistant
U.S.
Attorneys,
either
cheering or
learning; they
are sure to go
over this one.
Was the
strategy of
defending or
objecting to
the exposure
of the wider
corruption of
college
basketball in
order to increase
the odds of
convicting
Dawkins and
Merl Code the
right one? Is so,
for whom? They've
done it on the
UN, and the
corruption
continues.
On
the morning of May 2,
Christian Dawkins was still on
the stand, telling the jury
how the value to him of
Assistant Coach Book
Richardson was sending him NBA
veterans; he said "Book is
going to send me kids anyway."
The government objected to
mentions of Sean Miller paying
prospects, or "kids." Inner
City Press was told there had
been no mention of any
unsealing of sidebar
transcripts, a topic on which
we may have more.
On May 1 Inner
City Press
went to cover
the charging
conference in
Courtroom 619
of 4 Foley
Square. There,
significantly,
the state laws
of Oklahoma
and California
(read, Tony
Bland of USC)
were dropped
from the
charge; South
Carolina
(Lamont Evans)
and Arizona
remain. While
quite civil, a
majority of
defense
proposals by
Allen Cheney
were
overruled, in
most cases in
favor of
previously
used language
or at the
insistence of
Assistant US
Attorney Noah
Solowiejczyk.
It remains
unclear if
Merl Code will
take the
stand, and
therefore if a
conscious
avoidance
charge might
be needed, and
how it might
be worded. The
parties agreed
that the
charge should
be read before
their closing
statements,
which will be
pushed back at
least until
Friday, with
other issues
pending.
Earlier on May 1,
defendant Christian Dawkins
told the jury among other
things that the approach of
paying college coaches was not
the most effective way, since
NBA prospects essentially
already have agents by the
time they show up for their
one year of college. It's not
even a full year: Dawkins said
that the moment the team is
eliminated from March Madness,
the "one and done" prospect
leaves school. See @SDNYLIVE
here, a response.
On
April 30 government
cooperating witness Munish
Sood was asked about his
motives: to avoid a $750,000
fine and being charged with
lying to FBI agents, which
charged the defense argued
would normally not be forgiven
by "the Southern District of
New York," meaning the
prosecutors not the court.
The
government objected to a
question for Sood's net worth,
and Judge Edgardo Ramos
sustained the objection.
Sood's previous role in a bank
in New Jersey came up, without
the bank being named. Inner
City Press reports that it was
First Choice Bank, which was
bought by Berkshire Bank whose
checks Sood later used for
bribes. Notably, Berkshire
Bank has removed from its
website the page about its
purchase of First Choise Bank,
and Sood's services, for $117
million. But still online is
their press release of a deal
with Sood's Princeton Advisory
Group, here...
On April
29 at
2:30 pm
after
Sood quoted defendant
Christian
Dawkins that directly
paying
players and
deal with
their parents
was "cleaner" than
working
through
coaches like
Tony Bland, a
discovery
dispute
erupted. The
defense team does
not want to
turn
over its members'
and former member's
notes with
witnesses they
seek to
call. Judge
Ramos noted
that the
former defense
lawyer was
still counsel
of record and
had not
been relieved.
Whereupon the
defense asked
for a
sidebar
conversation
out of the
hearing of
those like
Inner City
Press still in
the courtroom. But
the sidebar
discussion
was still
transcribed by the
official court
reporter.
When the
sidebar was
over nothing
was said about
its contents
except a
request by the
defense that
the transcript
be sealed.
Judge Edgardo
Ramos asked
if any of the
parties
objected - no
question
was asked to
the press, or
for the
public - and
the motion to
seal was
granted,
subject the
judge said to
any more "by
the parties."
We'll have
more on this.
Earlier on
April 29 Sood
interpreted
for the jury a
series of
video clips in
which
Christian
Dawkins said
that Lamont
Evans was not
worth the
$4,000 a month
bribe, unlike
Book
Richardson,
and that his
company LOYD
Inc should
focus more on
paying the
coaches for
particular
transactions
rather than
retainers.
Sood recounted
how he took
$25,000 in
cash and
deposited in
LOYD's account
in New Jersey
with Bank of
America.
The first week of
the trial ended on April 26
with Munish Sood being asked
about a $2,000 Berkshire Bank
check he wrote to Lamont
Evans, after he said Marty
Blazer harassed him to give
Evans money. He testified
about a meeting in Miami,
adding that he personally
liked Christian Dawkins, whom
he is testifying against. At
2:30 pm after he stepped down
and the jury left the defense
pointed out that Juror #3 has
been nodding off. Judge
Edgardo Ramo said, Let's see
what happens on Monday and if
necessary, a heart to heart.
The government for its part
argued that the juror with
eyes closed might still be
listening....
Earlier on April 26 the lawyer
for Christian Dawkins mocked
government witness Marty
Blazer for his lack of
knowledge about basketball
recruit rules and got Blazer
to answer questions about a
Creighton player named Marcus
Phillips who never, he then
revealed, played for
Creighton. There was an
immediate sidebar with Judge
Edgardo Ramos, then soon
thereafter a five minute
break. Or breakdown, fast
break. See @SDNYLIVE.
On April 25 a
lawyer for Merl Code started
to cross examine government
witness Marty Blazer. Blazer
insisted on called Merl
"Merrill," leading to him
being asked if he knew Merl
Code at all. Blazer began
paying Lamont Evans, for whom
the overall case is named, in
April or May 2016, and only
met Merl or Merrill Code in
June 2017. That's what things
ended for the day, with Code's
lawyer being told an objection
to his questions had only been
sustained as to form. It will
continue on April 26; watch
@SDNYLIVE's feed.
Earlier on April
25 the government played for
the jury video tapes of
Christian Dawkins with Marty
Blazer and Tony Bland of
University of Southern
California, along with an
undercover agent pixelated and
obscured. From the witness
stand Blazer said Dawkins told
Jeff that Bland "needs
$13,000," tying it to
"grassroots player" Marvin
Bagley. It got more specific:
if they could get Bagley, a
slew of low first round NBA
draft picks would follow, they
would have to hire underlings.
Next the government turned to
Preston Murphy of Creighton,
who Blazer said needed $6,000.
This after, on video, a white
envelope said to contain cash
changed hands. In the back of
the courtroom other Assistant
US Attorneys were watching --
while across the street in 40
Foley Square, one arrived late
for a 12:30 sentencing before
Judge Alison Nathan, now
postponed to April 26. We'll
have more on this.
On April 24
Blazer still on direct
examination interpreted audio
recordings for the jury, for
example that head coaches'
wives soon after the promotion
from assistant coach get
better clothes "and surgury."
On the role of assistant
coaches he gave the example of
Boston Celtics player P.J.
Dozier while at University of
South Carolina dealing much
more with assistant Lamont
Evans than with the head
coach. Objections were dealt
with crisply: "Objection -
foundation. "Overrule." "Thank
you, your Honor."
On April
23 the defense lawyer for
Christian Dawkins told the
jury that Dawkins told Book
Richardson "I'm Gucci" then
translated that as "I'm good"
and don't need money. The
lawyer for Merl Code said Code
told the FBI's undercover
yachtsman NOT to pay money to
his coaches, before traveling
to the Las Vegas meeting. The
government doggedly read
stipulations into the record
and called their first
witness, Chance Miller of
University of South Carolina
(and New York Law School
before that). We'll have more
on the trial - watch this site
and see the @SDNYLIVE
feed, here.
On April 22 SDNY
Judge Edgardo Ramos completed
jury selection with Merl Code
and Christian Dawkins in large
courtroom 23B. Forteen jurors
- including two alternates -
were selected, and then led
off to the jury room for
orientation. Judge Ramos then
asked the government who will
be its witnesses on April 23,
after opening statements. The
answer: Chance Miller who
works in compliance for South
Carolina, with direct
examination anticipated for an
hour, then Marty Blazer for
the beginning of eight to ten
hours of direct. The defense
said there something they aim
to raise on the morning of
April 23, while the jurors as
Judge Ramos put it have bagel
but no omelet station, but
that they all need to confer
to plan how to raise it. Jude
Ramos said he looks forward to
it. So do we. As he'd
previewed at the April 19
final pre-trial conference,
Judge Ramos asked prospective
jurors if they had any
preconceived notions of Adidas
or Nike or Under Armour, as
well as standard questions
about tax disputes, search
warrants and cooperating
witnesses. Inner City Press
was in the courtroom; other
media, it seemed, will come
later in the afternoon or
tomorrow when the opening
statements take place.
The U.S.
Attorney for the SDNY in
connection with the April 19
final pre-trial conference
before the April 22 jury
selection for Merl Code and
Christian Dawkins argued
AGAINST the case looking into
wider NCAA corruption, through
compelled testimony by LSU
coach Will Wade and Arizona
coach Sean Miller. At best,
the U.S. Attorney to ensure
most effective prosecution of
Dawkins and Code does not want
to the case to "go big" into
wider
corruption.
But this issue
arose in the U.S. Attorney's
Office's UN corruption cases
too. Then-U.S. Attorney Preet
Bharara when he indicted
Chinese businessman Ng Lap
Seng said the case would show
whether bribery is business as
usual at the UN. Then his
Office cut deals with
Dominican Ambassador Francis
Lorenzo and businesswoman
Sheri Yan, and never pursued
the ongoing corruption at the
UN. Ng, and only Ng, was
convicted.
The China Energy
Fund Committee's Patrick Ho
openly used the UN General
Assembly to bribe
the body's then-president Sam
Kutesa; CEFC tried to buy the
oil company of Lisbon-based
Gulbenkian Foundation which
paid money to current UN
Secretary General Antonio
Guterres.
But the
U.S. Attorney's Office only
went after Ho, cutting a deal
with also-briber Cheikh Gadio
and merely getting the
testimony of bribee former PGA
Vuk
Jeremic. And so the UN
continues, under Guterres, to
become ever more
corrupt.
Will it be the
same with the NCAA and its
March Madness? With the follow
up on the Mueller report?
Inner City Press, which while
still banned
from the UN by Guterres
continues to pursue the
corruption left and growing in
the UN (see documentary here),
will be covering the Code and
Dawkins NCAA trial before SDNY
Judge Edgardo Ramos from April
22, and the range of
prosecutions in the SDNY where
the U.S. Attorney's office
goes hard against lower down street
level dealers while the
cancers spread. Watch this
site.
Background:
Patrick Ho was sentenced to 36
months in jail for UN bribery
and having "sold weapons
enthusiastically," along with
a
$400,000 fine
imposed by U.S. District Court
for the Soutern District of
New York Judge Loretta Preska
on March 25. While the UN has
yet to even audit the
activities of Ho's China
Energy Fund Committee in the
UN, prosecutor Daniel C.
Richenthal in Monday's
sentencing proceeding said Ho
and CEFC "sold weapons
enthusiastically." Afterward
Inner City Press, which has
asked the UN for its response,
asked Ho's defense lawyer
Edward Y. Kim if he will
appeal. We are considering our
options, Kim said.
Post-sentencing Periscope
video here.
Inner City
Press immediately emailed a
question to the UN and
Guterres and his spokesmen on
March 25, and on March 26, and
on March 27, this: "March
27-3: On UN bribery, on March
25 Patrick Ho of the China
Energy Fund Committee was
sentenced to 36 months in
prison and a $400,000 fine for
his UN bribery; in today's
proceeding Ho was described as
using a UN NGO to "sell
weapons enthusiastically."
What now is SG Antonio
Guterres' comment and action?
Will he now begin an audit of
CEFC in the UN? What is
the SG's comment and response
to this
22 minute documentary
about Patrick Ho and CEFC's
bribes through the UN
including Mr. Guterres'
refusal to answer Inner City
Press' question on it on 5
December 2018 at Min 17.
Again, the sentencing
memorandum includes quotes
from his e-mails regarding
aiming to violate sanctions
and deal in arms not only to
Chad but also South Sudan,
Libya & Qatar. What is the
SG's comment and action?
Again, why has no audit even
been begun of CEFC, at least
like the one Mr. Guterres'
predecessor did of Ng Lap
Seng's Sun Kian Ip Foundation?
Why did Mr Guterres omit
payments from Gulbenkian
Foundation, which sought to
sell its oil company Partex to
CEFC China Energy, from his
public financial disclosure
covering 2016? Where are the
more recent public financial
disclosures - has Mr. Guterres
ended that program? Why?"
On March
28 this came in from the UN
and we publish it in full: "On
your question March 27-3, we
can say that the Organization
takes note of the sentencing
of Mr. Chi Ping Patrick Ho to
36 months’ imprisonment and a
US$400,000 fine. The UN has
cooperated extensively in this
matter by making thousands of
pages of documents available
and providing access to its
personnel." What about an
audit? Why hasn't Guterres
disclosed his own financial
links? We'll have more on
this, and on his and the UN's
censorship.
During the
sentencing proceeding it was
said that Ho had, in the MCC,
mentored another inmate
sentenced by Preska. (The odds
of that need to be
calculated.) The MCC bought Ho
a violin; Richenthal said Ho
had hidden and liquidated a
Swiss bank account while
incarcerated. While no
Supervised Release was
ordered, with the
understanding that Ho will be
removed from the U.S. once his
sentence is up, it has emerged
that Ho's passport has expired
and has not been renewed.
We'll have more on this.
While UN
Secretary General Antonio
Guterres was refusing
throughout 2018 to begin any
UN audit into China Energy
Fund Committee, implicated in
the UN bribery prosecution US
v Patrick Ho, Guterres had a
secret: his role
on the board of Gulbenkian
Foundation which was trying to
sell
its Partex Oil affiliate to
CEFC. See Inner City Press'
first exclusive report here.
Now
later of March 25 Ho is set to
be sentenced by U.S. District
Court for the Southern
District of New York Judge
Preska. In the run up, RTHK
Television in Hong Kong has
broadcast a 21 minute documentary,
complete with Guterres
refusing to answer Inner City
Press' questions about the
verdict, here
at Minute 17. With 300,000
views in Chinese, it is set to
be re-released in English
after the sentencing.
While
Guterres continues to ban from
entry the Press which asked
him about his CEFC links, now
in the U.S. District Court for
the Southern District of New
York the sentencing of Patrick
Ho, long set for March 14, has
been pushed back to March 25.
Now the government has filed
its sentencing submission,
asking for at east five years
imprisonment and a fine of
$400,000. It notes Ho's own
emails saying that it is the
Belt and Road Initiative that
is up for sentencing /
implicated: " In one email,
for example, he stated:
“Please tell SH [i.e.,
Shanghai, the headquarters of
CEFC China] that we need
solidarity most at this time,
and cannot be divided. . . .
Please tell SH, if we are on
the same line, with their
support, I will fight to the
very end. For it is not only
HO who is on trial, it is
[CEFC NGO], the Company,
Country and Chinese values are
on trial.” And in a phone
call, he stated that “they,”
apparently referring to the
Government, are using him to
get to the “big tiger,” and to
discredit “The Belt and Road,”
an initiative of the Chinese
government." But it is the UN
too, so corrupted under
Guterres there has yet to be
an audit of CEFC in the UN,
its business with other PGAs
and UN officials, its
invitation to Peter Thomson
and others - and its attempt
to buy the oil company of
Gulbenkian Foundation which
paid money to Guterres. Here
from the sentencing submission
is an indication of whom and
what these UN officials do
business with: " 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).”7 Other items
in the numbered list included
“[a] few PR items in the US
with photo of PGA Kutesa,”
“Chad President Report
(brief),” “Croatia Oil
company,” “PAZ Oil company,”
and “Husky Oil team (Canada).”
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
is 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'"... 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, including “mortar
rounds,” “ammunition,”
“anti-tank . . . launcher,”
“rocket launchers,” and
“grenade launchers.” 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.” Weapons, new
toys for Qatar, the offer of
weapons to Chad for oil - all
through the UN, unaudited by
SG Guterres with his own
conflict of interest and
financial connection to CEFC.
We'll have more on this.
Ho filed a more than one
hundred page sentencing
submission, the memo
accompanying which says
"Beginning in 2013, the CEFC
Think Tank also held annual
symposia at the United Nations
(“UN”) devoted to issues
raised at the most recent
annual political convention in
China. In addition, the CEFC
Think Tank, in consultation
with the UN Department of
Economic and Social Affairs
(“UN-DESA”), established and
funded the “Powering the
Future We Want” grant—an
annual $1 million award for a
promising sustainable energy
project (the “Energy Grant”).
The CEFC Think Tank donated
approximately $2 million to
the UN every year to fund the
prize and its administration."
And yet Guterres has never
audited this, choosing instead
to rough up and ban the Press
which asked him why he
wouldn't audit (the answer
seems to be Guterres' paid
position with the Gulbenkian
Foundation which tried to sell
its oil company to CEFC). Ho's
sentencing submission
index lists Frederick
Tschernutter and former Shell
Oil CEO John D. Hofmeister.
UNSG Antonio Guterres, of
course, has refused to audit
Ho's CEFC's activities in the
amid his conflict of interest
and censorship. In the UN
Committee on Non Governmental
Organizations on January 21
the US belatedly requested the
suspension or
dis-accreditation of CEFC from
the UN. This is what Guterres
has refused to act on for more
than a year, while concealing
his links to the group. CEFC
was given until Friday,
January 25 to answer on the
issues. The acting chief of
the UN NGO branch on Friday
afternoon said it had not
responded. Pakistan and Russia
raised questions if this meant
that as a matter of precedent
it should have its status
withdrawn. On January 28
following a written inquiry by
Inner City Press a
self-described diplomat on the
NGO committee confirmed that
"the NGO Committee recommended
that ECOSOC consultative
status be withdrawn for
CEFC. ECOSOC will decide
whether to approve the NGO
Committee’s recommendation at
its June 2019 ECOSOC
management meeting." So
they're still in. Guterres'
cover up of his link to the
group remains unaddressed -
with no answers from his
spokesmen Stephane Dujarric
and for this entire week,
Farhan Haq. We'll have more on
this.
Inner City Press on the
morning of January 21 wrote to
Guterres, Alison Smale and
their spokesmen: "January
21-1: Please immediately
provide the SG's response on
the request made this morning
in the UN NGO Committee to
disaccredit China Energy Fund
Committee whose Patrick Ho was
indicted and convicted of UN
bribery, explain why SG
Guterres never even started a
OIOS audit of CEFC and why he
omitted his paid directorship
in Gulbenkian Foundation from
his UN Public Financial
Disclosure form covering 2016,
and on Gulbenkian trying to
sell its Partex Oil to CEFC
China Energy in 2018." There's
been no answer - as there have
been no answers from Guterres
and Smale and Dujarric for two
weeks despite promises to UNSR
David
Kaye and on
camera. And the UN's
"meeting summary" omitted even
Patrick Ho's name, much less
the UNSG Guterres never
audited CEFC as it tried to
buy Partex Oil from the
Gulbenkian Foundation Guterres
was a paid board member of
while omitting it from his
public financial disclosure
covering 2016. Here is the
entirety of the UN meetings coverage
on this: "The representative
of the United States,
expressing regret that some
organizations come to the
United Nations to perpetrate
fraudulent and illicit
activities, said her
delegation wrote to the
Committee last week requesting
that the special consultative
status granted in 2011 to the
China Energy Fund Committee be
withdrawn, after one of its
officials was convicted by a
United States federal court in
November 2018 on corruption,
money laundering and
conspiracy charges. The
Committee must take prompt
action, she said, adding that
if the organization in
question wishes to respond, it
should do so before 25
January."
Inner City
Press also wrote to three at
the US Mission to the UN: "I
noticed in the UN NGO
Committee this morning that
USUN belatedly requested a
review of China Energy Fund
Committee, whose Patrick Ho
was indicted for UN bribery,
FCPA and money laundering in
2017, convicted in
2018. This
is a Press request for a copy
of the USUN statement read out
in the NGO Committee, for the
materials reference there in
and distributed to Committee
members, and for the Mission's
/ Amb Cohen's and Amb.
Currie's comment on it, why it
took so long, and on UNSG
Antonio Guterres having not
disclosed his paid
directorship of Gulbenkian
Foundation in his UN Public
Financial Disclosure form
covering 2016 and refusal to
start any OIOS audit of CEFC,
which was trying to buy Partex
Oil and Gas from Gulbenkian in
2018.
Also, on Guterres and Alison
Smale's ongoing ban on
US-based investigative Inner
City Press even entering the
UN, without hearing or appeal,
see 2 January 2019 Kaska-eque
denial of accreditation,
below." USUN Spokesperson John
Degory responded, so far, with
the text of Deputy Rep to
ECOSOC Courtney Nemroff's
remarks including: "Last week,
we sent a Diplomatic Note to
the Committee’s outgoing Chair
and to all members of this
Committee with our request
that this Committee recommend
withdrawing the ESOCOC special
consultative status of the NGO
China Energy Fund Committee,
or CEFC, which was granted in
2011. This request was
carefully considered and is
being made in the first
session of this Committee
following the conviction of an
individual in U.S. federal
court on serious criminal
charges relating to his use of
the organization as a platform
for criminal activity, the
details of which are provided
in the Diplomatic Note. It is
a shame to see an NGO subvert
and manipulate its ECOSOC
accreditation in this manner,
so it is with deep
disappointment that we bring
this situation to the
attention of the Committee
today. We are making this
request before the full
Committee in the full interest
in due diligence,
transparency, and openness. We
believe it is important that
the Committee carry out its
responsibility to protect and
ensure the continued integrity
of the ECOSOC accreditation
process by taking prompt
action to address this
case. CEFC is registered
in both Hong Kong Special
Administrative Region of the
People’s Republic of China and
in the State of Virginia in
the United States as a
not-for-profit or charitable
organization. CEFC received
ECOSOC special consultative
status in 2011. On
December 5, 2018, a jury in a
Manhattan federal court found
Chi Ping Patrick Ho, CEFC’s
Deputy Chairman and Secretary
General, guilty of taking part
in a multi-year,
multimillion-dollar scheme to
bribe foreign leaders in
exchange for business
advantages for CEFC China
Energy a Shanghai-based
corporate entity that was the
primary financial benefactor
of the CEFC. Mr. Ho was
convicted of violations of the
Foreign Corrupt Practices Act,
international money
laundering, and conspiracy to
commit both. According to
court documents and evidence
presented at trial, he
utilized CEFC’s ECOSOC special
consultative status to access
UN resources and people and
advance commercial goals,
including through bribery
schemes. We also have been
unable to document any
activity by this organization
out of its Virginia-based
location since Mr. Ho’s arrest
in 2016, and note that it has
not filed the requisite tax
documents required of
not-for-profit organizations
in the United States since
that date. We have provided
all NGO Committee members with
further details on the case,
including a press release from
the U.S. Department of Justice
on the conviction, and are
prepared to provide member
states with any additional
information they may
require. ECOSOC
resolution 1996/31 governs the
process for ECOSOC
consultative status. Article
57(a) of 1996/31 stipulates
that the consultative status
of non-governmental
organizations shall be
suspended up to three years or
withdrawn “if an organization,
either directly or through its
affiliates or representatives
acting on its behalf, clearly
abuses its status by engaging
in a pattern of acts contrary
to the purposes and principles
of the Charter of the United
Nations.” Article 57(b)
of 1996/31 further stipulates
that consultative status be
suspended up to three years or
withdrawn “if there exists
substantiated evidence of
influence from proceeds
resulting from internationally
recognized criminal activities
such as the illicit drugs
trade, money-laundering or the
illegal arms trade.” In
view of the conviction of Mr.
Ho on money laundering charges
and the use of the
organization for criminal
activity and bribery
activities that involved the
use of the organization’s
consultative status and other
organizational resources, the
United States has determined
that a request to withdraw
consultative status in
accordance with Article 57 of
ECOSOC resolution 1996/31 is
appropriate and necessary. We
believe the Committee has a
responsibility to ensure that
ECOSOC special consultative
status is not misused as a
platform for criminal
activity. We understand,
per ECOSOC resolution 1996/31,
that CEFC has the right to
respond to the request to
recommend withdrawal of its
consultative status. We
request that the Secretariat
inform CEFC of its right to
respond immediately. We
further request that if CEFC
chooses to respond, that the
Secretariat request it do so
before the tenth meeting of
this Committee on Friday,
January 25, to then allow this
Committee sufficient time to
consider the U.S. request
further. We also remain
prepared to provide additional
information regarding this
matter to the Secretariat, and
encourage the Committee and
the Secretariat to handle all
proceedings in this case as
openly and transparently as
possible." But will the US
administration, or if
necessary individual members
of Congress, ensure that
Guterres is held accountable
for the cover up and
proliferation of corruption
and censorship during his
tenure? CEFC has until January
25 to respond. China did not
respond in the ill-attended
Committee meeting which Inner
City Press, banned from entry
by Guterres, never the less
covered. Watch this site.
Inner City
Press continues its exclusive
series on some of the CEFC
connections in and through the
UN that should have been
identified in the audit that
Guterres corruptly refused to
begin, with his conflict of
interest. (Even his
predecessor Ban Ki-moon
ordered an audit after Ng Lap
Seng was indicted - Guterres
still hasn't after Patrick Ho
was convicted.)
One of the
people identified in the Ban
Ki-moon audit of Ng Lap Seng
and South South News was Ion
Botnaru. He was allowed to
retire, after changing a UN
General Assembly document
along with then President of
the General Assembly John
Ashe, who died under
indictment ostensibly crushed
by his own barbell, to benefit
Ng's Sun Kian Ip group.
Botnaru reappears again with
CEFC, here.
And, crying out for audit, the
President of the General
Assembly who swore in
Guterres, Peter Thomson of
Fiji, traveled like Ashe and
Vuk Jeremic and Sam Kutesa to
meet CEFC's Ye Jianming in
Hong Kong.
Inner City
Press has asked Guterres and
his spokespeople, among many
other questions, "Beyond the
37 questions from Inner City
Press you refused to answer
last week, still set forth
below for promised answer,
this is a request, given that
Peter Thomson is the SG's rep
on Oceans that you describe in
detail Thomson's 2017 meeting
with now disappeared Ye
Jianming of CEFC, name which
UN DSS officials were with him
and what reports they filed,
what their duties were; what
was seen by those accompanying
Thomson, at least two of whom
are still in the UN (one is
with China)."
Typically,
Guterres and his spokespeople
did not answer. So here,
pending listing those from UN
Department of Safety and
Security the group which
roughs up the Press without
accountability and maintains a
retaliatory "lifetime" banned
from the UN list, are the
names: "During his two-day
visit, the President of the UN
General Assembly was
accompanied by his senior
advisors Abdelghani Merabet,
and Zhang Yi, as well as by
the UN Department of Economic
and Social Affairs’s Director
of the Division for
Sustainable Development, Zhu
Juwang." Now, Thomson staffer
or embed Zhang Yi has gone
(back, or more openly) to working
for the Chinese government:
"On August 14 [2018], Deputy
Director-General of China
International Center for
Economic and Technical
Exchanges Zhang Yi was invited
to attend the FOCAC -
Africa-China Poverty Reduction
and Development Conference, an
important sub-forum under the
FOCAC hosted by the State
Council Leading Group Office
of Poverty Alleviation and
Development and co-organized
by the International Poverty
Reduction Center in China and
the China Belt and Road
Institute for Agricultural
Cooperation of China
Agriculture University.
Attending were more than 300
participants including
government officials,
international organizations’
representatives,
non-governmental
organizations’ officials,
business leaders, experts and
scholars from China, United
States, Japan, Denmark and 40
African countries like Angola,
Botswana and Mauritius."
What did
they see during Thomson's
meeting with now-known briber
Ye Jianming? Zhu Juwang
is still with UN DESA;
Abdelghani Merabet is
with the current PGA. We'll
have more on this: the UN
should be answering these
questions, now.
In 2017,
the year in which CEFC's
Patrick Ho was indicted and
arrested for UN bribery, CEFC
in the UN engaged at least
twice with Lenni Montiel,
including for example on 6
July 2017, and also with DESA
official Pingfan Hong. Some
photos here.
Inner City Press before
Guterres had it roughed up and
banned now 176 days for its
inquiries into Guterres'
corruption has politely
questioned both Montiel and
Hong - but Guterres has made
that impossible and his
Spokesmen refused to answer
any written questions, for
more than a week now. There
are more connections.
***
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