UNITED NATIONS,
May 11 – Eight
months after
the UN bribery
conviction of
Macau-based
businessman Ng
Lap Seng, on March
30 the prosecution
asked for a
jail term of
over six years
and a $2
million fine.
Today on May
11 Ng is sent to be
sentenced, the
day after
Judge Vernon
Broderick
denied
Ng's request
for a new
trial and
for an
investigation
of alleged
perjury by
former South
South News
chief Francis
Lorenzo (who
was seen on
First Avenue by
the UN just
days ago).
Broderick filed
it under
seal: "On
September 26,
2017,
Defendant Ng
Lap Seng
(“Defendant”
or “Ng”) filed
a motion for
a new trial
under Rule 33
of the Federal
Rules of
Criminal
Procedure.
(Doc. 653.) Ng
also requested
that I direct
the Government
to conduct an
independent
investigation
into Defendant Francis
Lorenzo’s
(“Lorenzo”)
alleged
perjury during
trial, or in
the
alternative,
to permit Ng
to issue
a defense
subpoena under
Rule 17 of the
Federal Rules
of Criminal
Procedure.
(Id.) Ng has
not
established a
basis for a
new trial or
for me to
direct the
Government to
conduct an investigation
into Lorenzo’s
alleged
perjury or
authorize a
defense
subpoena.
Accordingly,
Ng’s
motion is
DENIED. An
Opinion and
Order
explaining my
decision has
been filed
under seal
because it
relies
upon material
that has been
filed under
seal. A copy
has also been
sent to
counsel by
email. By May
16, 2018, the
parties shall
provide the
Court with
proposed
redactions to
the Opinion
and Order,
if any. I will
consider the
parties’
proposed
redactions and
will file a
redacted
version of the
Opinion and
Order on the
public docket." Meanwhile,
until the last
day Ng has
been
requesting
visits to his
apartment
on 47th Street
by, most
recently, his
god-son. (In
the second UN
bribery case,
Patrick Ho is
still in jail
pending
trial.)
The
March 30 filing
stated
that "The
defendant, a
sophisticated,
international
businessman,
repeatedly
used his
wealth and power
to seek to
corrupt
decision-making
at the United
Nations. That
was a choice.
It warrants
substantial
and meaningful
punishment. The
defendant
could have
sought to
persuade the
UN and the UN
Development Programme
(“UNDP”) to
support his
latest
project—a
massive real
estate
development on
a manmade
island off the
coast of
Macau, China,
including a
conference
center, luxury
hotel, residential
apartments,
and a high-end
shopping mall
with brands
such as Gucci,
to be built by
the
defendant’s
company—on its
purported
merits. But
the merits of
such a project
are, at the very
least, highly
debatable.
Building
luxury hotels,
apartments,
and retail
outlets may be profitable,
but UNDP’s
mission is the
eradication of
poverty and
the reduction
of inequality
through
sustainable,
environmentally
responsible
development.
However,
whether the UN
or UNDP
would have
approved of
and supported
the
defendant’s
project, or a
portion
thereof, on the
merits is a
question to
which one
cannot know
the answer.
Because
instead of
seeking approval
and support on
the merits,
the defendant
cheated.
Hiding behind
and misusing a
nongovernmental organization
that he
founded and
funded
allegedly to
help
developing
nations rather
than himself,
the defendant
orchestrated
and led a
scheme to pay
bribes to two
senior UN ambassadors,
one of whom
was the
elected leader
of the UN
General
Assembly."
Note that the
next PGA, Sam
Kutesa, was
allegedly bribed by
Patrick Ho of
the China
Energy Fund
Committee,
which is STILL
in UN ECOSOC. In
the UN, Ng's
South South
News paid money to
the UN
Correspondents
Association,
got a photo op
with the
Secretary
General, and
remained in
long after
Inner City
Press was evicted
for pursuing the
story in the
UN Press
Briefing Room.
In fact, South
South News
people still
work in the
UN.
Ng's
assistant
Jeffrey Yin on
February 28
was sentenced
to
seven months
in prison.
During the two
hour sentencing
argument,
repeated
reference was
made to Yin's role
in wiring
money from Ng's
Chinese bank
to Terra
Trading in
Francis
Lorenzo's
Dominican
Republic. As
Inner City
Press
reported, El
Salvador's
Ambassador Carlos
Garcia wrote a
letter
supporting the
now clearly
corruption
transfer - and yet
he is still involved in UN
"Sustainable
Development Goals" circles. Yet the
UN is
apparently not
even
monitoring the
case and
sentencing(s).
On March 1
Inner City
Press asked
Antonio Guterres'
spokesman Stephane
Dujarric, video
here,
UN
transcript
here:
Inner City
Press:
Yesterday in
the Southern
District
Federal Court,
the aide,
Jeffrey Yin,
to Ng Lap
Seng, which
was convicted
of UN bribery,
was sentenced
to seven
months in
prison, and it
was a long,
two-hour
sentencing
argument in
which a lot of
information
came out about
the UN.
I wanted to
know whether
the UN had
anyone
monitoring
that, to
ensure that
those involved
at the UN are
held
accountable,
interviewed? Spokesman:
It's not a
question I'm
able to answer
right now."
Why not? According
to the
narrative of
Yin's
lawyer Sabrina
Shroff, Yin only
went to work
for Ng's son in
order to be
closer to his
own father,
incarcerated
by the Chinese
government. Ng
"poached"
Yin from his
son, and
ordered him to
arrange
the wire
transfers, and
pay $20,000
in cash in a
bag in Manhattan.
As
exposed in the
Southern
District of
New York, the
UN is a place
that can be bought,
and cheap -
and then
evicts and
restricts
the Press
which covers
it. See 9
minute video,
in front of
the courthouse
before and
after the sentencing
here.
Prosecutor Daniel
Richenthal
appeared
understandably
frustrated
with Judge
Vernon
Broderick
backtracking
even on his
sentencing to
prison, after
he already
let Ng Lap Seng
remain on
house arrest
even after conviction.
More follow up
at the
UNreformed UN
is needed.
Inner City
Press, which
covered the Ng
UN bribery
scandal, got
evicted from
the UN for its
troubles and
is still
restricted,
asked long
time UN
Spokesman
Stephane
Dujarric about
Yin, Ng and
the case on
February 28:
has ANYONE in
the UN system
been held
accountable?
Dujarric
replied that
those guilty
of a crime
were found
guilty in
court. But
that is
because of the
UN's immunity,
which it uses
even now on
sexual
harassment
charges in
India, as it
did for
bringing
cholera to
Haiti. If
anything, the
UN is becoming
more corrupt
(see the
Patrick Ho /
CEFC case,
below), and
more willing
to engage in targeted
censorship of
the
investigative
Press. As to
Ng, his
request for a
meeting with
consular
officials of
the People's
Republic of
China was
largely
granted. Even
post-conviction,
Ng is living
in a luxury
apartment a
block from the
UN, where he's
received
massages four
to ten hours a
day. The
"Guidepost"
guards he pays
at first let
him close the
door and ate
the masseuse's
cooking; now
the judge has
said the door
should be
open. And this
October 25
order,
granting Ng's
"request to
meet with Mr.
Yang Zerui
and Mr. Ma
Chao in the
presence of
Defendant’s
bilingual
counsel, Ms.
Xue Huang, is
APPROVED,
insofar as Mr.
Yang Zerui and
Mr. Ma Chao
are
appropriately
accredited
consular
officers from
the Consulate
General of the
People’s
Republic of
China. To the
extent there
is a question
concerning
whether or not
Mr. Yang Zerui
and/or Mr. Ma
Chao are
appropriately
accredited
consular
officers from
the Consulate
General of the
People’s
Republic of
China, prior
to such
meeting,
Defendant’s
counsel must
obtain and
provide to the
Government
written
confirmation
from the
United States
Department of
State or other
appropriate
authority of
the consular
credentials of
Mr. Yang and
Mr. Ma.
IT IS FURTHER
ORDERED that
Defendant’s
counsel must
report any
untoward
discussions to
the Court and
report
anything
related to a
possible
violation of
bail to the
Court, the
government and
the Guidepost
security team.
" Right. A
stated reason
for the
consular visit
is to
discussion the
conditions of
his detention,
as well as
"possible
legal and
diplomatic
issues
raised in the
case related
to China."
Meanwhile
Inner City
Press, which
covered the
trial (and was
evicted from
and remains
restricted in
the UN for
pursuing still
unacted on UN
aspects of the
bribery) has
replied to the
Freedom of
Information
Act response
seeking to
hinder its and
the public's
access to
additional
UN-related
documents. Yet
there is
obstruction
and delay at
every turn in
getting
UN-related
documents
about this
bribery case.
Why? We'll
have more on
this. How
corrupt and
UNresponsive
is the UN?
Days after the
indictment of
UN President
of the General
Assembly John
Ashe and Ng
Lap Seng,
Bangladesh's
then-Ambassador
Abdul Monem
fled the US.
As Inner City
Press
reported,
Monem was
involved in
the scandal.
He not only
attended Ng's
Macau event in
August 2015 -
after that, on
September 6,
2015, Monem
"urgently" emailed
Francis
Lorenzo who
has pleaded
guilty to ask
how to insert
the Macau
"outcome" into
a GA
resolution. So
he fled the
US. And yet on
September 28,
2017, as photographed
by still-restricted
Inner City
Press, Abdul
Monem was back
in the UN, in
the Security
Council no
less, for the
open meeting
on the
Rohingya of
Myanmar. On
the morning of
October 2,
Inner City
Press asked
the UN's top
three
spokespeople,
in writing:
"In the recent
UNSC open
meeting on
Myanmar,
former
Bangladesh
Ambassador
Abdul Monem,
who left the
US within days
of the
indictment of
Ashe, Ng and
Francis
Lorenzo,
reappeared.
Given what
came out
during the Ng
Lap Seng
prosecution,
please state
whether this
former
Permanent
Representative
kept his UN ID
badge to
access UNHQ or
was newly
credentialed,
and separately
what follow up
the UN (OLA or
OIOS) is
making on what
was exposed
during the Ng
Lap Seng
prosecution.
Requesting all
answers by
email, on
deadline.
Please confirm
receipt." No
answer. In the
new / next UN
bribery case, indictee Patrick
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.
We'll have
more on this.
***
Feedback:
Editorial [at] innercitypress.com
UN Office: S-303,
UN, NY 10017 USA
Reporter's mobile (and weekends):
718-716-3540
Other,
earlier Inner City Press are listed here, and some are available in
the ProQuest service, and now on Lexis-Nexis.
Copyright
2006-2015 Inner City Press, Inc. To request reprint or other
permission, e-contact Editorial [at] innercitypress.com
for