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Entries in Juan Diaz (8)

Friday
Aug052011

Esquenazi and Rodriguez Convicted In Miami

Joel Esquenazi and Carlos Rodriguez, former executives of Terra Telecommunications Corp., were convicted on all counts yesterday for bribing officials at state-owned Telecommunications D’Haiti S.A.M. (Haiti Telco).

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Wednesday
Jul132011

New Indictment In Old Haiti Bribe Case

The DOJ said today that a superseding indictment has charged six defendants, including four newly named defendants and two former Haitian government officials, in a bribery and money-laundering scheme that started ten years ago.

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Friday
Jan212011

Two-Year Prison Sentence In Haiti Telco Case

A fourth third man was jailed Friday for bribing Haitian officials on behalf of U.S.-based telecommunications companies.

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Friday
Nov192010

Mysteries Among Us

Creation has given up many of its deepest secrets. But how sentencing decisions are made in FCPA-related cases isn't one of them.

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Tuesday
Oct122010

Greens Can't Afford Fines; U.S. Appeals Their Sentences

The DOJ is appealing the six-month prison sentences imposed in August on Gerald Green and his wife Patricia.

The government wanted them to serve at least ten years in prison. Their six-month sentences are among the most lenient in recent FCPA cases.

Gerald Green is 78 and suffers from emphysema. His wife is 53. Judge Wu delayed their sentencing five times. In addition to six months in prison, the judge ordered supervised release for three years and restitution from the Greens jointly and severally of $250,000.

The Hollywood movie producers were convicted in September 2009 of conspiring to violate the Foreign Corrupt Practices Act, nine counts of violating the FCPA, and seven counts of money laundering. Patricia Green was also found guilty of two counts of signing a false U.S. income tax return.

Despite their short prison terms, the Greens didn't get off easy. At the government's request, the judge ordered forfeiture of their property. Their bank accounts, West Hollywood home and most of what's in it, BMW 740, their company, and their pension assets were all seized.

Judge Wu then addressed the Greens as indigents. "All fines are waived," he ruled as to each of them, "as it is found that the defendant does not have the ability to pay."

He asked them to settle the $250,000 restitution they jointly owe by paying $50 a month. That means they'll be square in 5,000 months -- about 416 years.

In April this year, Charles Jumet was sentenced to 87 months in prison after pleading guilty to conspiring to violate the FCPA by making corrupt payments to government officials in Panama and giving a false statement to the FBI about how he paid some of the bribe money. 

Jumet's co-conspirator, John Warwick, was sentenced in June to 37 months in prison. He also received two years of supervised release following his prison term and forfeited $331,000 in proceeds of the crime.

In April last year, the Virginia-based physicist who sold controlled space-launch technology to China by bribing government officials there was sentenced to 51 months in prison. Shu Quan-Sheng pleaded guilty in 2008 to one count of violating the Foreign Corrupt Practices Act and two counts of violating the Arms Export Control Act.

Frederic Bourke was sentenced to a year and a day in prison and fined $1 million for investing in a bribe-tainted deal in Azerbaijan and then lying to FBI agents about it. He was convicted in 2009 by a Manhattan jury of conspiracy to violate the FCPA. He's appealing his conviction.

And Juan Diaz, a Miami businessman at the center of the Haiti telco bribery case, was sentenced to 57 months in prison followed by three years of supervised release. He pleaded guilty in 2009 to a one-count criminal information charging him with conspiracy to violate the Foreign Corrupt Practices Act and money laundering.

The Greens' surrender date to the U.S. Marshals in LA, for transport to federal prison, is November 29, 2010.

_________________

Download a copy of the August 13, 2010 forfeiture order against Gerald and Patricia Green here.

Download a copy of the government's October 8, 2010 notice of appeal in US v. Green here.

Monday
Sep132010

The Enforcement Rap Sheet

If the DOJ and SEC are prosecuting corporations instead of individuals for FCPA violations -- an idea raised in another post -- the numbers should show it. So let's take a look.

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Friday
Aug132010

Greens Get Six Months In Jail

Patricia Green, with her husband Gerald The husband-and-wife Hollywood movie producers convicted of bribing a Thai government official were each sentenced to six months in jail and six months home confinement yesterday by a federal judge in Los Angeles.

Gerald Green, 78, and Patricia Green, 53, were also ordered to each pay $250,000 in restitution.

Judge George H. Wu had delayed the Greens' sentencing five times. Prosecutors first argued that the federal guidelines called for sentences of around 20 years in prison. In a brief filed this week, they asked for ten-year jail terms. The Greens' lawyers had argued for no jail time.

The Greens were convicted last year after a jury trial of paying $1.8 million in bribes from 2003 to 2007 to Juthamas Siriwan, governor of the Tourism Authority of Thailand and the president of the Bangkok film festival. In exchange, prosecutors said, the Greens obtained contracts worth about $13.5 million to produce the film festival.

The couple's six-month prison terms are the most lenient in recent FCPA cases.

In April this year, a Virginia man was sentenced to 87 months in prison after pleading guilty to conspiring to violate the FCPA by making corrupt payments to government officials in Panama and giving a false statement to the FBI about how he paid some of the bribe money. Charles Jumet's sentence is the longest FCPA-related prison term ever imposed.

Jumet's co-conspirator, John Warwick, was sentenced in June to 37 months in prison. He also received two years of supervised release following his prison term and forfeited $331,000 in proceeds of the crime.

In April last year, the Virginia-based physicist who sold controlled space-launch technology to China by bribing government officials there was sentenced to 51 months in prison. Shu Quan-Sheng pleaded guilty in 2008 to one count of violating the Foreign Corrupt Practices Act and two counts of violating the Arms Export Control Act.

Frederic Bourke was sentenced to a year and a day in prison and fined $1 million for investing in a bribe-tainted deal in Azerbaijan and then lying to FBI agents about it. He was convicted in 2009 by a Manhattan jury of conspiracy to violate the FCPA.

And last month, Juan Diaz, a Miami businessman at the center of the Haiti telco bribery case, was sentenced to 57 months in prison followed by three years of supervised release. He pleaded guilty in 2009 to a one-count criminal information charging him with conspiracy to violate the Foreign Corrupt Practices Act and money laundering.

The Greens were found guilty of conspiring to violate the Foreign Corrupt Practices Act, nine counts of violating the FCPA, and seven counts of money laundering. Patricia Green was also found guilty of two counts of signing a false U.S. income tax return. The conspiracy and FCPA charges were each punishable by up to five years in prison, the money laundering counts by 20 years in prison, and the tax charges against Patricia Green each carried a maximum penalty of three years in prison.

The Thai official involved in the case, Juthamas Siriwan, and her daughter were indicted by a federal grand jury in LA in January this year. They were charged with one count of conspiracy, seven counts of transporting funds to promote unlawful activity (bribery), and one count of aiding and abetting. If convicted, they each face up to 20 years in prison.

Gerald Green has emphysema and has appeared in court with an oxygen bottle to help him breathe. The judge had ordered production of his medical records. At a series of post-trial hearings, Judge Wu had also asked prosecutors and defense lawyers to talk about penalties handed out in similar cases. 

Saturday
Jul312010

Long Jail Term In Haiti Bribes Case

Juan Diaz, a Miami businessman at the center of the Haiti telco bribery case, was sentenced Friday to 57 months in prison. He pleaded guilty in May 2009 to a one-count criminal information charging him with conspiracy to violate the Foreign Corrupt Practices Act and money laundering.

Diaz, 52, was also ordered to serve three years of supervised release following his prison term and to forfeit $1,028,851 and pay $73,824 in restitution.

He's the third man to be sentenced in the case. In June, Robert Antoine, 62, an employee of Haiti’s state-owned national telecommunications company, Telecommunications D’Haiti, was sentenced to 48 months in prison.  The resident of Miami and Haiti had pleaded guilty in March this year to conspiracy to commit money laundering. He admitted accepting bribes from Diaz and others.

Diaz said in his plea that he bribed Haiti telco officials with about a million dollars on behalf of three different Miami-Dade County telecommunications companies. He concealed the payments by laundering money through his company, J.D. Locator Services.

Some of the bribe money was also laundered by Jean Fourcand, 62, who pleaded guilty in February this year to money laundering, and was sentenced to six months in prison.

Antonio Perez, 52, the controller of one of the Miami telcos, pleaded guilty in April 2009 to a one count criminal information charging him with conspiring to violate the FCPA and money laundering. He's still waiting to be sentenced. 

Four other individuals are scheduled to go on trial in the case in December 2010. Joel Esquenazi and Carlos Rodriguez were the owners of one of the Florida-based telcos; Jean Rene Duperval was director of international relations of Telecommunications D’Haiti; and Duperval’s sister, Marguerite Grandison, was also allegedly part of the scheme. They were indicted with Antoine in December 2009.

As the Justice Department says, an indictment is merely an accusation, and defendants are presumed innocent until proven guilty beyond a reasonable doubt.

Diaz is scheduled to begin serving his prison term on January 4, 2011. A copy of the minutes of his judgement and sentence can be downloaded here. (We'll post his plea agreement when it's released.)

A copy of the Justice Department's July 30, 2010 news release is here.

Download a copy of Robert Antoine's February 19, 2010 plea agreement (entered March 12, 2010) here.

Download a copy of Antoine's factual statement in connection with his guilty plea here.

Download a copy of the criminal information in U.S. v. Fourcand here.

Download a copy of the plea agreement in U.S. v. Fourcand here.

Download a copy of the indictment in U.S. v. Equenazi et al here.