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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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