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By Matthew Russell Lee, HK

FEDERAL COURTHOUSE, December 5 – In the UN bribery prosecution by the US against Patrick Ho of China Energy Fund Committee, both prosecution and defense did their summations on December 4. On December 5 at 2 pm the jurors quickly found Ho guilty on seven of the eight changes against him: all five under the Foreign Corrupt Practices Act and money laundering and conspiracy for the Uganda scheme with Sam Kutesa and Museveni but NOT for money laundering in Chad. There the payment was $2 million in cash - it was never laundered. 

It was announced that Ho is scheduled to be sentenced before Judge Preska on March 14, 2019, at 10:00 am. Later this statement: "Manhattan U.S. Attorney Geoffrey S. Berman said:  “Patrick Ho now stands convicted of scheming to pay millions in bribes to foreign leaders in Chad and Uganda, all as part of his efforts to corruptly secure unfair business advantages for a multibillion-dollar Chinese energy company.  As the jury’s verdict makes clear, Ho’s repeated attempts to corrupt foreign leaders were not business as usual, but criminal efforts to undermine the fairness of international markets and erode the public’s faith in its leaders.”

Assistant Attorney General Brian A. Benczkowski:  “Patrick Ho paid millions of dollars in bribes to the leaders of two African countries to secure contracts for a Chinese conglomerate.  Today’s trial conviction demonstrates the Criminal Division’s commitment to prosecuting those who seek to utilize our financial system to secure unfair competition advantages through corruption and bribery.”
According to the Indictment, evidence presented at trial, and other public proceedings in the case.
HO was involved in two bribery schemes to pay top officials of Chad and Uganda in exchange for business advantages for CEFC China, a Shanghai-based multibillion-dollar conglomerate that operates internationally in multiple sectors, including oil, gas, and banking.  At the center of both schemes was HO, the head of a non-governmental organization based in Hong Kong and Arlington, Virginia, the China Energy Fund Committee (the “CEFC NGO”), which held “Special Consultative Status” with the United Nations (“UN”) Economic and Social Council." The UN has yet to act: it has left CEFC accredited while banning the Press that reported on it, and on this (CEFC moving to violate Iran sanctions). On December 4 prosecutor Daniel Richenthal did a rebuttal on both the Chad and Uganda schemes. Richenthal tried to rehabilitate Cheikh Gadio, saying the money he took from an unnamed courier from a businessman was only $20,000 and that Gadio hadn't lied about it. He emphasized the emails as evidence and ended with a photo of Ho with Uganda's oil minister, looking at a map of sites. Ho paid to be there, Richenthal said. This is what bribery looks like. Judge Loretta Preska deliverd a nearly two hour jury charge, including the Uganda anti-corruption law that must mean little, if Kutesa hasn't been charged under it. Th jury will returned at 10 am on December 5, now a Federal holiday in honor of George H.W. Bush (who nominated Preska). Defense attorney Edward Kim urged them to request and review many exhibits, and it's to some of those that Inner City Press will not turn. Watch this site. It still seems that the US does not know if the gift boxes CEFC brought to Kampala on its jet included $500,000 in cash. Prosecutor Douglas Zolkind said it doesn't matter. But it surely did matter to Museveni - and to the Ugandan people, if they and their votes matter (see, e.g., Bobi Wine). And it mattered to the defense, whose Edward Kim made much of the $500,000 discrepancy, as well as calling Gadio a liar. Next up: Richenthal for the prosecution, and the charge. On the afternoon of December 3 the jury charge was agreed to, after the defense temporarily argued that "New York, New York" might not be in Manhattan and thus in the Southern District's jurisdiction.

Prosecutor Daniel Richenthal said he was ready to re-open his case to prove the 60 Wall Street, where Deutsche Bank is, is in fact in Manhattan. Defense attorney Benjamin Rosenberg said, after a time, "We won't make that objection. Judge Preska said, "That's a wise move." She also asked if the exhibits had been made available. Inner City Press replied Not yet, which remains the case as least as to it as of 6:35 pm the night before summations. (Before 9 am Inner City Press had written requesting particular exhibits, on which we will have more.)

  Despite Wednesday's national holiday in honor of George H.W. Bush (of whom Judge Preska spoke a number of times during Tuesday's down-times), Ho will on that day be produced (legalese requiring translation from the largely Hong Kong media left) the jury will deliberate. We'll be there. There was hardly any defense, other than the explosive cross examination of Senegal's former foreign minister Cheikh Gadio (who admitted taking cash from an undisclosed businessman for his previous presidential campaign). The government finally put into evidence CEFC's purchase of Apartment 78B in Trump World Tower, which PGA Vuk Jeremic, Gadio and others visited. There were weapons for oil offers prepared inside the UN. The jury will be charged on December 4. on the morning of November 30 the prosecution  detailed how CEFC bought UN PGA Sam Kutesa - and played an audio wiretap of Ho discussing bribing UN PGA John Ash with Sheri Yan, who did jail time in the first UN bribery case of Ng Lap Seng. As to Uganda, CEFC instead of $500,00 case did a wire transfer - it was cheaper, through pliant HSBC bank which also money launders for Mexican drug cartels - and there was Ho, in purple like today, as Museveni's inauguration. He brought gift with him - a vase, painting, what locked to be a clock - to a dinner at Kutesa's residence. Then the prosecution flashed a list of the times Ho entered the UN - the UN has that information, you see, though they refused to provide it when Inner City Press asked, as to Francis Lorenzo, Ho and Carlos Garcia, preferring to ban Inner City Press. The prosecution left for Monday showing the agreement under which CEFC and its missing Chairman Ye bought unit 78B in Trump World Tower. After a wan cross examination by Ho's lawyer Benjamin Rosenberg (Judge Preska essentially shut him down), the jury was told they may get the case as early as Wednesday, when Antonio Guterres like his predecessor will be put up for sale at Cipriani on 42nd Street. This week, along with the depths of UN corruption, revealed how in China the formal government has a murky relationship with quasi state firms like CEFC, which on the one hand paved Xi's way into the Czech Republic and on the other, tried to get Chad's Deby to "make" Chinese state oil company CNPC to get it a piece of the action, perhaps for the Defense Committee of the Chinese Communisty Party, presumably the sources of the weapons and drones CEFC was offering to Deby and others in Libya and South Sudan. This is the NGO that Antonio Guterres has refused to audit and keeps in the UN while roughing up and banning Inner City Press. Kutesa's sale of the UN began through previous PGA Vuk Jeremic, who told Kutesa it would be "win - win" with CEFC. Then Ho emailed Kutesa's chief of staff Arthur Kafeero, whom Inner City Press wrote about before being banned from even entering the UN by UNSG Antonio Guterres. Later Ho did his emailing with Sam's wife Edith Gasana Kutesa, who asked for money to supposedly make good on an electoral campaign to  pledge help Kutesa's young constituents (although she also bragging that Kutesa had no opposing candidate). She wrote, Youth are impatient - so send me the money! Ho arranged for $500,000 while pitching Edith on all the things (and people) CEFC had bought in Czech Republic...

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