On UN
Bribery
Indictee
CEFC's Ho UN
Reply on Czech
PR as Inner
City Press
Asks Why No
Audit
By Matthew
Russell Lee, Video,
Q&A,
HK here
UNITED NATIONS,
June 6 – Four
months after
the arrest for
UN
bribery of
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 May 17, Ho
was denied
bail in a
proceeding in
which the UN
was described
as corrupted,
and Ho's
emails
offering
bribes to the
foundation of
UN President
of the General
Assembly Sam
Kutesa were
made part of
the judge's
order.
Post-hearing
Periscope
video here.
Inner City
Press'
reporting that
day, as
before,
included the
non-response
since November
2017 of the UN
Mission the
the Czech
Republic,
which holds
the presidency
of the UN
ECOSOC to
which CEFC
continues to
hold
consultative
status, while
CEFC's Ye
Jianming was
and remains an
adviser to
Czech
President
Zeman. Even as
the Mission in
New York
refused to
answer, on for
example 28
November 2017
and 6 February
2018, Inner
City Press'
reporting has
been picked up
in the Czech
Republic, on
12 January
2018 here,
then on 28 May
2018 here.
On June 4, a
belated
response from
the Czech
Mission to the
UN, published
by Inner City
Press in full
below along
with the
Press' follow
up questions
on June 4,
still not
answered as of
4 pm on June
5. Inner City
Press is also
informed that
Marie
Chatardova has
reached out
with the same
answer to the
Czech Press
Agency; some
say she is
under
consideration
by Zeman to
become the
country's
foreign
minister and
that this
Press question
unresponded to
by the Czech
Mission since
November could
be a problem.
Suddenly on
June 5,
Antonio
Guterres'
spokesman
Stephane
Dujarric read
out an answer
(he rushed off
the podium so
follow up
question have
not yet been
possible).
Video here.
He emailed the
answer to
Inner City
Press, which
he usually
does not do,
seemingly in
this case an
invitation to
be sure to
publish in
full what he
read. But then he
left before
any follow up
questions
could be
asked. On June
6 Inner City
Press asked
Dujarric,
video
here, UN
transcript
here:
Inner City
Press: I
wanted to
thank you
yesterday for…
for… for
answers that…
the answer on
ECOSOC
[Economic and
Social
Council].
And I've had a
little time to
look at it and
compare to an
answer that
came from the
Czech
mission.
And… so, I'd
wanted to ask
you, as I'd
asked you in
writing, just
to understand
how it… what…
what the
purpose of the
response is or
how it works?
Spokesman:
Well, I think
it was… you
know, it's
something we
probably… I
should have
answered you
quite a while
ago, because
you've raised
the issue of
NGO
accreditation
through the
ECOSOC
process.
Inner
City Press:
But, I wanted
to… this is
the follow-up
question that
I'd asked you
in writing, so
I'll ask you
now, just
maybe to…
what's the
response to
the idea that,
as you know,
in a… in… in…
in the Ng Lap
Seng case, an
audit was
done, and it
descr… it
discovered
various forms
of funding
that
South-South
News had given
that were not
known
yet. So,
in this case,
by having no
audit [done],
the range of
support by
this CEFC,
China Energy
Fund
Committee, is
not
known.
It's reported
in Serbia that
the same group
funded
previous PGA
[President of
the General
Assembly] Vuk
Jeremic, for
example.
So, what…
wouldn't it
make sense for
the UN to, at
least for its
own purposes,
understand
what took
place in that
case and
wouldn't that
then make the
decision of
Member States
to either
exclude it or
take some
further
action? What's
the purpose of
not having an
audit?
Spokesman:
We're always
welcome to
look into
things
further.
Thank you." Some say
it's CEFC and
its payees
that are
offering the
thanks... Here's what
Dujarric read
and sent:
"The procedure
for withdrawal
of
consultative
status, as per
para 56 of
ECOSOC
resolution
1996/31, is
the following:
A member State
has to make a
complaint
against an
organization
at the NGO
Committee (it
does not need
to be a member
of the
Committee nor
a member of
ECOSOC)
through a
letter
addressed to
the Chair of
the NGO
Committee;
The NGO
Committee
reviews the
complaint and
the NGO
concerned is
informed of
the complaint
in writing and
is asked to
present its
response for
consideration
by the NGO
Committee.
In plain
English, this
means that
these
initiatives
and decisions
are within the
sole purview
of the Member
States.
They are the
ones deciding
on whether or
not to make a
complaint to
the NGO
Committee, and
they are the
ones making
the ultimate
decision in
the NGO
Committee and
then ECOSOC on
any change in
the
consultative
status of an
organization.
The President
of ECOSOC is
not personally
involved in
any step of
this
procedure."
Inner City
Press asks,
overall,
doesn't a
president of
ECOSOC have an
interested and
duty in
ensuring that
indicted
bribers don't
remain in
status?
Has anything
precluded Marie
Chatardova for
the Czech
Republic
asking for the
needed action?
To
Dujarric and
his deputy,
Inner City
Press has put
these follow
up questions
and will
report
response (or
non response)
- "Did this
note come from
(Secretariat's)
Paul Simon, to
whom I've
previously
sent questions
[or] from the
the Czech
Mission to the
Mission, which
belatedly
responded to
Inner City
Press' Nov
2017 and Feb
2018 questions
last
night?
And, what
would be the
Secretary
General's
(Office's)
response to a
statement that
the failure in
the China
Energy Fund
Committee /
Patrick Ho
case to
commission and
release an
OIOS audit as
was done in
the South
South News /
Ng Lap Seng
case makes it
much less
likely that
the steps set
out in the
note will take
place, and
make it more
likely that
such an NGO,
allegedly
involved in
bribery
including of a
UN PGA,
remains in
consultative
status to UN
ECOSOC?" Here
is what the
Czech mission
belatedly
sent, followed
by Inner City
Press' June 4
follow up
questions not
answered or
even
acknowledged
as of 4 pm on
June 5. "Dear
Mr. Matthew
Russel Lee,
Allow me to
contact you in
my capacity as
a
diplomat
responsible at
the Permanent
Mission of the
Czech Republic
to the United
Nations for
contacts with
media. I take
this
opportunity
to refer to
your latest
articles in
Inner City
Press
issued
on 2 May 2018
and 28 May
2018
respectively,
namely to the
part
concerning
H.E. Ms. Marie
Chatardova and
her role as
President of
the ECOSOC
repeatedly
mentioned by
you.
(See: http://www.innercitypress.com/unbribery1hobeltroad050218.html
http://www.innercitypress.com/unbribery5hojeremic052818.html
Economic and
Social Council
(ECOSOC) is
composed of 54
Member States,
elected for a
period of
three years.
ECOSOC plays a
coordinating
role to as
many as 29
subsidiary
bodies
covering very
fast field of
activities.
One of these
subsidiary
bodies is
Committee on
Non-Governmental
organizations.
This Committee
is composed of
19 Member
States elected
on the
principal of
geographical
distribution
for a period
of 4 years.
(The Czech
Republic is
not currently
member of this
Committee.)
At present
day, 5.083
non-governmental
organizations
obtained this
statute.The
question of
the Suspension
and withdrawal
of the
consultative
statute is
covered by
Part VII
(Articles 55
-59) of the
ECOSOC
Resolution
1996/31 as
follows:
"55.
Organizations
granted
consultative
status by the
Council and
those on the
Roster shall
conform at all
times to the
principles
governing the
establishment
and nature of
their
consultative
relations with
the Council.
In
periodically
reviewing the
activities of
non-governmental
organizations
on the basis
of the reports
submitted
under
paragraph 61
(c) below and
other relevant
information,
the Council
Committee on
Non-Governmental
Organizations
shall
determine the
extent to
which the
organizations
have complied
with the
principles
governing
consultative
status and
have
contributed to
the work of
the Council,
and may
recommend to
the Council
suspension of
or exclusion
from
consultative
status of
organizations
that have not
met the
requirements
for
consultative
status as set
forth in the
present
resolution."
"56. In cases
where the
Committee on
Non-Governmental
Organizations
has decided to
recommend that
the general or
special
consultative
status of a
non-governmental
organization
or its listing
on the Roster
be suspended
or withdrawn,
the
non-governmental
organization
concerned
shall be given
written
reasons for
that decision
and shall have
an opportunity
to present its
response for
appropriate
consideration
by the
Committee as
expeditiously
as possible."
"58. The
consultative
status of
organizations
in general
consultative
status and
special
consultative
status and the
listing of
those on the
Roster shall
be suspended
or withdrawn
by the
decision of
the Economic
and Social
Council on the
recommendation
of its
Committee on
Non-Governmental
Organizations."
(Note:
By the
decision of
the ECOSOC´s
Member States,
not by the
decision of
ECOSOC´s
President.)
It is thus
obvious that
the President
of the ECOSOC,
according to
the valid
rules, has no
competence to
start the
procedure of
the suspension
and removal of
the already
granted
consultative
statute of the
given NGO.
I hope you
will find this
explanation
useful and we
will really
appreciate if
you stop to
disseminate
incorrect
information
and
speculations
on this topic.
Best regards,
Karel Komárek,
Minister-Counsellor
Permanent
Mission of the
Czech Republic
to the United
Nations
1109 -1111
Madison
Avenue, New
York, NY
10028." So
"Organizations
granted
consultative
status by the
Council and
those on the
Roster shall
conform at all
times to the
principles
governing the
establishment
and nature of
their
consultative
relations with
the Council."
Doesn't being
indicted for
using the
access to the
UN to bribe
the President
of the GA -
Sam Kutesa
and, it seems,
Vuk Jeremic -
violate the
principles?
And doesn't
the president
of ECOSOC,
even if her
president has
the head of
the bribing
group as an
adviser, have
standing to
raise this
issue? Soon
after
receiving the
above, Inner
City Press on
June 4 send
these follow
up questions:
"
Given
that China
Energy Fund
Committee's
Patrick Ho has
been indicted
for, and
remains
incarcerated
for, allegedly
bribing PGA
Kutesa, does
not
“comform... to
the principles
governing the
establishment
and nature of
their
consultative
relations with
the Council”?
If not, are
you arguing
that the
President of
ECOSOC has not
power to raise
and pursue
this issue
which to some
makes a
mockery of
ECOSOC under
her
presidency?
Given Czech
President
Zeman's
relationship
with Ye
Jianming,
isn't it
imperative
that Zeman's
Ambassador,
while heading
UN ECOSOC,
respond to
this
indictment of
Jianming's
ECOSOC adviser
for bribery?
Has she sought
any legal or
ethical advice
in this
regard? From
whom? Does a
President of
ECOSOC not
have
responsibility
for what
happens with /
in ECOSOC
under her or
his
presidency?"
No answer yet.
Watch this
site. Back on
May 18, Inner
City Press
asked UN
spokesman
Farhan Haq
about it,
video here,
UN transcript
here:
and below. Now
on May 28,
with UN
Secretary
General still
not having
even started
an audit, the
scope of the
China Energy
Fund Committee
/ Ye Jianming
/ Patrick Ho
scandal
expands again
as to the UN.
Yet another
President of
the UN General
Assembly, Vuk
Jeremic, is
reported have
received his
funding from
Ho, Ye Jinming
and CEFC,
click here
for example,
citing Inner
City Press and
its questions
to "Farhan
Haku," and
reporting that
"Ho was one of
Jermic's main
financiers and
that he had
transferred
4.3 million
euros to
Jeremic's
organization
and his
private
company."
We'll have
more on this.
From the May
18 UN
transcript:
Inner City
Press:
Yesterday,
there was a
court hearing
down in the
Southern
District of
New York where
Patrick Ho was
applying once
again…
of the China
Energy Fund
Committee
(CEFC) was
applying again
for bail. He
was denied,
but I'm asking
you this,
because in the
court hearing,
it was said,
these were two
direct
quotes.
One quote was
that he's
charged with
"corrupting
the UN", and
second quote
is "many
people at the
UN were
involved".
So it made me
wonder, and I
looked around
the courtroom,
whether the UN
is already
following this
case?
I'm aware that
there has
yet… at
least my
understanding
is there's no
audit
yet. Is
OLA (Office of
Legal
Affairs)…
do they have
somebody
there?
Are they
ringing up
fees, would be
one way to put
it, but what's
your response
to these
statements in
court?
Deputy
Spokesman:
We're
monitoring
this case and,
as you know,
we've been
cooperating
with the US
legal
authorities
concerning
this overall
case.
Inner City
Press:
In this
case… in
this
case… I
know that in
the previous
case documents
were provided
and $302,000
were paid as
legal fees
back to the
UN. In
the case of
Patrick Ho and
CEFC, have
documents been
provided to
the
prosecution?
Deputy
Spokesman:
We're
cooperating as
needed with
the
authorities."
And
charging?
China Energy
Fund
Committee, the
bribery
vehicle, is
still in
special
consultative
status with UN
ECOSOC.
Oft-traveling
Secretary
General
Antonio
Guterres has
not even
ordered an
audit (though
he keeps
restrictions
on Inner City
Press which
covered the Ng
Lap Seng and
now Patrick Ho
UN bribery
scandals. The
UN is a
corrupted
institution.
In court on
May 17, Ho's
lawyer Andrew
Levander
argued
that now China
is cutting
"the energy
company" CEFC China
Energy no slack.
Prosecutor
Douglas
Zolkind on the
other hand
emphasized
that the
energy company
has now
essentially
been taken
over the Chinese
government,
which he also
said controls
Hong
Kong's
decisions to
extradite or
not. Judge Katherine
Forrest noted
that the
energy company
is paying Ho's
legal fees and
said its
motives could
not be known.
She read into
the record not
only the Kutesa
emails in Paragraph
40 of the complaint
but
also those
about Chad's
president Deby
in Paragraphs
24 and 26.
It was said the
case "involves
many people at
the UN." We'll
have more on
this. On
May 15 the
prosecution
detailed how
the bribes
were paid, as
part of
responding to
Ho's motion to
dismissed. The
funds to
Kutesa when
from HSBC in
Hong Kong to
Deutsche Bank
in New York to
Stanbic in
Uganda. The
funding to
Gadio, in two
tranches, when
from HSBC in
Hong Kong to
HSBC in New
York to
Mashreq Bank
in New York to
Mashreq Bank
in Dubai. On
May 17 Ho
should hear a
ruling on his
re-request for
bail. At the
UN, which has
yet to even
order an audit
while Ho's
China Energy
Fund Committee
is still in
special
consultative
status with UN
ECOSOC, Inner
City Press
asked if the
UN hopes to
get awarded
attorneys fees
like it did,
to the tune of
$302,000, in
the case of Ng
Lap Seng, with
the same
prosecutors.
The UN
declined to
comment - it
remains
UNreformed.
Watch this
site. On May
2, Patrick Ho
and five
lawyers argued
for more than
an hour to try
to get bail
granted - it
was not. Judge
Katherine
Forrest noted
that even if
Ho's motions
to dismiss
some counts,
and to
suppress
evidence
collected with
his iPad
password, are
in fact
granted, the
case will
still proceed.
She asked his
lawyers to
research
whether the
equity in his
mother's home
in Hong Kong
could be
transferred to
a bank in the
United States.
Ho's lawyer Andrew
Levander
quoted him
that this is a
case not only
against Ho,
but also
against CEFC
and China it
its "One Belt,
One Road." The
prosecution's
Douglas
Zolkind
recounted how
Ho inside the
UN worked with
former Senegal
foreign
minister Gadio
to bribe
Chadian
president Deby,
who
"laughingly"
referred to
Brazilian
bribes for
another oil
concession.
Ho's lawyers
analogized him
to Jeff Bezos
of Amazon and
to Donald J.
Trump. He will
be back in
court in a
forthnight on
May 17 at 3 pm
- and so will
we. Post
hearing
Periscope
video here.
***
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