UN
Briber Patrick Ho Conviction By
SDNY Jury Affirmed By Second
Circuit
By Matthew
Russell Lee, Video, Audio Thread
2D CIR / SDNY,
Dec 28 – Patrick Ho was
sentenced to 36 months in jail
on March 25, 2019 for UN
bribery and having "sold
weapons enthusiastically,"
along with a
$400,000 fine
imposed by U.S. District Court
for the Southern District of
New York Judge Loretta Preska.
Now on
December 28, 2020, his
conviction has been upheld by
a three judge panel of the
Second Circuit Court of
Appeals: "Before: RAGGI, CHIN,
AND SULLIVAN, Circuit Judges.
Defendant-Appellant Chi Ping
Patrick Ho appeals his
conviction after trial in the
Southern District of New York
(Preska, J.) on charges of
conspiracy to violate the
Foreign Corrupt Practices Act
(“FCPA”), conspiracy to commit
money laundering, substantive
money laundering, and
violations of the FCPA. Ho
argues that (1) the evidence
was insufficient to support
his FCPA conviction
under 2 15 U.S.C. §
78dd-2; (2) the district court
erroneously instructed the
jury that a violation of §
78dd-3 constituted specified
unlawful activity that could
support a money laundering
conviction; (3) the wires at
issue in his money laundering
conviction did not go “to” or
“from” the United States as
required to convict; (4) the
district court abused its
discretion in admitting
certain evidence at trial; and
(5) the indictment was invalid
because it contained material
contradictions and charged Ho
under mutually exclusive
sections of the FCPA. We
reject each of Ho’s arguments
and affirm the district
court’s judgment in all
respects. AFFIRMED."
During
Ho's trial,
covered every
day by Inner
City Press, an audio clip
was played for
the jury, see
below.
Back on March
25, Inner City
Press asked
Patrick Ho's
defense lawyer
Edward Y. Kim
if he will
appeal. We are
considering
our options,
Kim said.
Post-sentencing
Periscope
video here.
Back in
mid July Ho filed his appeal
in the Second Circuit Court of
Appeals. And on March
11, 2020 the appeal was heard,
by Circuit Judges Chen, Raggi
and Sullivan (still sitting by
designation on his old SDNY
cases).
Ho's
lawyer began by citing JAM v.
IFC, which is ironic since it
is a Supreme Court case which
chips away at the UN immunity
which allows the bribery that
still takes place in its
walls.
Inner City
Press live tweeted the
argument, here:
AUSA Zolkind says JAM does not
control this case. Judge
Raggi asks about IOIA. Zolkind
quotes back to her 1 of her
own decisions, 556 F.3d 90.
Zolkind: Ho was
an agent of a domestic
concern. The statute doesn't
make us choose theories. Judge
Raggi: Doesn't one become a
lesser included offense if the
other? Zolkind: No. Ho used
US-based purported charity for
foreign bribery.
Judge Chen: What
are the distinct wrongs?
Zolkind: Use of US charity,
and Ho coming into US
AUSA
Zolkind praises Judge Preska's
statutory construction. Judge
Raggi asks about Ho's wire
(bribe) from Hong Kong to
Uganda
Now AUSA
Zolkind cites a 2017 decision
by Judge Pauley (251 F.Supp.3d
684). Circuit Judge Sullivan
asks if people know their
dollar wires go through the
US. Zolkind: Yes. Ho did deals
in Mexico and "Africa" [and
UN]
Judge Sullivan:
Do you have any case applying
the ligic of JAM to a criminal
statute. Ho's lawyer: We cite
no such case.
Inner City
Press will report the
decision. File review finds
that Patrick Ho met through
the UN, among others,
Croatia's President Kolinda
Grabar-Kitarović (to go along
with CEFC's purchase of the
Czech Republic as then chair
of UN ECOSOC) and the foreign
minister of Turkey. We'll have
more on this - note that the
Guterres-supporting UN
Correspondents Association had
a First Vice President then as
now promoting the Turkish
government.
There is
also this line from Ho's
report to Ye on his UN
lobbying at the highest
levels: We, China Energy Fund
Committee, are willing to
provide support and assistance
in the selection of programs
and topics by the United
Nations. In return, hopes that
they would give more
consideration to the China
factor and more voices to
China when formulating
programs.”
In an
audio clip, Ho discusses
offering bribes to now
deceased UN President of the
General Assembly John Ashe,
with Sheri Yan. Inner City
Press has uploaded that audio,
here.
The case is US v.
Ho, 19-761 (Preska)
***
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