US Charge Ex-Thai Tourism Chief

[webfact]

FILM FESTIVAL SCANDAL

US charge ex-Thai tourism chief

A former Thai tourism official and her daughter have been indicted on charges that they accepted bribes from a Los Angeles filmmaking couple in exchange for running the Bangkok International Film Festival.

An indictment unsealed Tuesday in Los Angeles charges Juthamas Siriwan, the ex-governor of the Tourism Authority of Thailand, and her daughter, Jittisopa Siriwan, with conspiracy and eight other counts. If convicted, they each face up to 20 years in prison.

It was not immediately clear whether Siriwan and her daughter were in custody or had retained an attorney, the Canadian Press online reported Thursday.

Federal prosecutors said Siriwan accepted about US$1.8 million in bribes from film producers Gerald and Patricia Green between 2002 and 2007 so the couple could run the Bangkok film festival and land other tourism-related deals.

The scheme netted the couple, who inflated their budgets so Juthamas could be paid off, about US$13.5 million, authorities said.

The payments, some of which were made in cash to Juthamas directly, were often disguised as sales commissions between 10 per cent to 20 per cent. Prosecutors added that Juthamas and Jittisopa opened bank accounts in Singapore and the United Kingdom to receive the corrupt payments.

The couple were convicted in September of conspiracy and money laundering. They are scheduled to be sentenced Thursday. Prosecutors said in court documents that Gerald Green, 78, could face more than 30 years in prison, while his 55-year-old wife could receive a sentence of between 19 and 24 years.

The Greens helped transform the festival into a rising star on the international circuit for screening new films, attracting the likes of Michael Douglas, Jeremy Irons and director Oliver Stone to Thailand.

Juthamas, who is no longer Thailand's tourism governor, ran for a parliamentary seat in 2007 but pulled out of the race after the allegations surfaced.

The Greens are the first entertainment industry figures who have been convicted under the Foreign Corrupt Practices Act, a federal statute prohibiting corrupt payments to foreign officials for business purposes.

Gerald Green paired with Stone on "Salvador," which was nominated for two Academy Awards, and served as executive producer on the Christian Bale-led "Rescue Dawn" in 2006. Patricia Green produced "Diamonds," a comedy starring Kirk Douglas and Lauren Bacall, with her husband.

Douglas wrote a letter supporting the Greens, saying the couple "were extremely honest and fair in all of their dealings with me." Film producers Dino De Laurentiis and Mario Kassar also sent letters to the judge, pledging their support for Gerald Green.

-- The Nation 2010-01-21

[newsfooter][/newsfooter]

[farangene]

I thought she said she wasn't the Thai Tourism Chief.

[steffi]

Normally what happens now is a threat of a counter suit for defamation charges. You generally know they are guilty as sin when you see that.

[samran]

Normally what happens now is a threat of a counter suit for defamation charges. You generally know they are guilty as sin when you see that.

This article sounds like they are actually in the US and have been arrested, though I may have read that incorrectly.

If so, it will be very surreal to see that. I worked with the daughter in the past.

[geriatrickid]

Heavy duty stuff. If she's in Thailand, will she be extradited?

[steffi]

She'll be allowed to leave long before that happens

Heavy duty stuff. If she's in Thailand, will she be extradited?

[Scott]

It's an indictment. No indication that either are in the states.

[Old Man River]

Meanwhile, with all the proof at their disposal, the Thai legal system does nothing.

[moetownblues]

If the offences occured in Thailand and they are thais what has it got to do with the bloody americans.

[Hardback]

If the offences occured in Thailand and they are thais what has it got to do with the bloody americans.

Regardless of what side you take in this argument you do have a very good point.

[Old Man River]

If the offences occured in Thailand and they are thais what has it got to do with the bloody americans.

Regardless of what side you take in this argument you do have a very good point.

There has to be more here than meets the eye. For example, on the CTX Scanner contract, it was proven in US courts that GE Invision had paid bribes to the Thai sub-contractor (Patriot). The US courts did not indict Patriot. Here they have indicted the Thai party receiving the bribes. Hence, there is more to this than has been publicly disclosed.

[webfact]

BANGKOK FILM FEST SCANDAL

NACC to consider next move involving Juthamas : DSI

By The Nation

The national anti-graft comission will decide on how to proceed with case of Juthamas Siriwan, a former tourism chief whom has been charged with conspiracy and eight other accounts relating to Bangkok Film Festival in the US court.

Los Angeles court on Tuesday charged Juthamas, former governor of Tourism Authority of Thailand and her daughter Jittisopa for receiving US$1.8 million of bribes from film producers Gerald and Patricia Green between 2002 and 2007 in exchange for running the Bangkok International Film Festival and other tourism-related deals.

The Greens were arrested and convicted of involvement in an overseas corruption scam and were sentenced to be sentenced on Thursday.

The US federal prosecutors said Juthamas and her daughter were charged with conspiracy and eight other counts. Both can face up to 20 years jail term if convicted.

The US prosecutors also said the bribes Juthamas accepted were given both in form of cash and disguised as sales commissions of between 10 and 20 per cent.

Prosecutors added that the suspects opened bank accounts in Singapore and the United Kingdom to receive the corrupt payments.

Department of Special Investigation (DSI) chief Tharit Pengdit Thursday said the DSI has investigated the case and submitted the investigation results to the National Anti-Corruption Commission as the accusations were made when Juthamas still served as a Thai state official.

Col Piyawat Kingkate, who headed the investigation team probing Juthamas case in 2007, said the DSI coordinated with the US Federal Bureau of Investigation (FBI) in collecting the evidence.

In its investigation, Col Piyawat said, the DSI concluded that two offences were committed: bid rigging and the malfeasance of state official.

-- The Nation 2010-01-21

[newsfooter][/newsfooter]

[Old Man River]

The statements by Thai officials above are not much different from the ones they made several months ago when the Greens were indicted. It doesn't appear that they actually want to go forward with any of this, but find themselves in need of making statements every time something substantive comes out of the US courts.

[jonclark]

If the offences occured in Thailand and they are thais what has it got to do with the bloody americans.

I would speculate, quite alot, as the funds were transfered from America, by americans, using american banks.

"...Prosecutors added that the suspects opened bank accounts in Singapore and the United Kingdom to receive the corrupt payments..."

So, part of "the American system" was involved, making the business of the Americans. Or do you think the Greens entered Thailand with a suitcase with $1.8 million dollars in it?

[IMA_FARANG]

If the offences occured in Thailand and they are thais what has it got to do with the bloody americans.

Read the article carefully. The American couple is accused of bribing the Thai officials to gain the right to stage the film festival in Bangkok. The Thais are indicted as being the recipient of the bribe money. The American couple was indicted for making the bribes. What the indictemnt by the Los Angeles, California court of the Thai officials really means is that they intend to try and recover some of the bribe money from the Thai officials indicted. That's how the bloody Amercans got involved.

There is a lot of money involved in staging a major film festival. I'm quite sure the American couple intended to get their money back for the bribes (and more) by "helping" the film producers show their films in the Bangkok film festival, they weren't doing it for charity.

[ScubaBuddha]

If the offences occured in Thailand and they are thais what has it got to do with the bloody americans.

Obviously if any of the transactions, or even agreements took place on American soil, they could be charged with a crime. However, over the last decade there has been more and more of scary precedents being set for US DOJ to be able to charge people for committing crimes abroad, but until now I have only seen that applicable to US citizens. I have not read or heard of the Foreign Corrupt Practices Act, but I wouldn't be surprised if it has language which allows a foreigner caught accepting bribes from Americans to be charged. I think I will go look it up.

Meanwhile, with all the proof at their disposal, the Thai legal system does nothing.

As we all know, this kind of corruption is the standard in Thailand, and this is what happens when Thai's think they can behave the same in or with a western country. Yes of course there is corruption in the west, but at least in the west it's not quite so blatent or common. At least they try to hide it.

It's also possible there was no evidence that the crimes were committed in Thailand. The article doesn't say, which is a shame because if the indictment was unsealed there would be all the specifics in it.

Normally what happens now is a threat of a counter suit for defamation charges. You generally know they are guilty as sin when you see that.

I guess she is guilty as sin:

December 20th, 2007

Less than a day after saying that she would sue the US Justice Department if she were linked to the Bangkok Film Festival bribe scandal and that the whole debacle would have no effect on her or her partys political campaign (Puea Pandin Party), former Tourism Authority of Thailand Governor Juthamas Siriwan has announced that she will today resign from the Puea Pandin Party.

Source The Nation:

It's an indictment. No indication that either are in the states.

True. And for those UI with American law, a grand jury indictment is not used in most cases. It's often used in absentia (the defendant(s) is/are not present) and without the defendants knowledge, or if they are considered a flight risk, like mafia figures or foreigners. Interestingly a grand jury only needs a majority to indict, unlike criminal juries which must be unanimous. Having charges levied against you via indictment is not a conviction. It's sort of in between having an arrest warrant issued for you and being convicted. Going the indictment route also gives prosecutors charges and arrest warrants that are a bit more iron clad.

[Thai at Heart]

If the offences occured in Thailand and they are thais what has it got to do with the bloody americans.

Regardless of what side you take in this argument you do have a very good point.

Anti corruption laws have been on the books for American corporations for a long time. That is how they got involved.

Will be interesting to see if she gets extradited.

Edited January 21, 2010 by Thai at Heart

[Loaded]

Massive loss of face for Jutamus when the Thai media publish this story.

In Thailand it's OK to be corrupt but not to get caught.

[lomatopo]

The trial memo states that some payments were made in cash and in person but that the bulk of the payments were made by wire transfer from the U.S. to accounts controlled by Juthamas (or her daughter Jittisopa Siriwan aka Jib Juthamas or her friend Kitti Chambundabongsee in the U.S., U.K., Isle of Jersey, Singapore, Switzerland.

The evidence seems overwhelming, and the Juthamas clan will need to address this presumably by making a deal locally which will satisfy the U.S. authorities. I assume any U.S. assets have been frozen/seized and that travel to the U.S. is out of the question.

[steveromagnino]

The trial memo states that some payments were made in cash and in person but that the bulk of the payments were made by wire transfer from the U.S. to accounts controlled by Juthamas (or her daughter Jittisopa Siriwan aka Jib Juthamas or her friend Kitti Chambundabongsee in the U.S., U.K., Isle of Jersey, Singapore, Switzerland.

The evidence seems overwhelming, and the Juthamas clan will need to address this presumably by making a deal locally which will satisfy the U.S. authorities. I assume any U.S. assets have been frozen/seized and that travel to the U.S. is out of the question.

no, it's ok, when they change back to the 1997 constitution, then everything will be forgiven.

Juthamas, for those that don't know, was part of the inner circle for TRT, and the money lost in Elite card, TAT advertising, etc etc - none of that has ever really been accounted for.

She was alledgedly known first as Ms 20%, and later as Ms 40%.

For reasons unknown to most.

She also gave us that fine campaign Unseen in Thailand - which is also affectionately known as 'that cr*p ad we used instead of Amazing Thailand for a couple of years at huge cost'

Daughter was a looker though, aye Samran.

[Old Man River]

Obviously if any of the transactions, or even agreements took place on American soil, they could be charged with a crime. However, over the last decade there has been more and more of scary precedents being set for US DOJ to be able to charge people for committing crimes abroad, but until now I have only seen that applicable to US citizens.

SB, I think there is more involved in this than just Americans bribing foreigners. For sure, as I have already mentioned, GE Invisions (actually the company they acquired) was found guilty in an American court of bribing a Thai sub-contractor, but the American courts had no interest in involving the Thai sub-contractor. Here, they indict. No doubt, there is more to it. Look at your above statement and then think about it. OK, it is only a guess, but you never know.

[lomatopo]

Daughter was a looker though, aye Samran.

The daughter has since married into the Dabbaransi family. Her husband Kritapone Dabbaransi is the son of former Deputy PM Korn Dabbaransi.

[scorecard]

If the offences occured in Thailand and they are thais what has it got to do with the bloody americans.

Regardless of what side you take in this argument you do have a very good point.

Perhaps the Thai lady and / or her daughter were on American Soil when certain deals were struck or when some funds changed hands.

If that's true then I guess there is a case for the American system to be proceeding?

[sunray69]

BANGKOK FILM FEST SCANDAL

NACC to consider next move involving Juthamas : DSI

By The Nation

The national anti-graft comission will decide on how to proceed with case of Juthamas Siriwan, a former tourism chief whom has been charged with conspiracy and eight other accounts relating to Bangkok Film Festival in the US court.

Los Angeles court on Tuesday charged Juthamas, former governor of Tourism Authority of Thailand and her daughter Jittisopa for receiving US$1.8 million of bribes from film producers Gerald and Patricia Green between 2002 and 2007 in exchange for running the Bangkok International Film Festival and other tourism-related deals.

The Greens were arrested and convicted of involvement in an overseas corruption scam and were sentenced to be sentenced on Thursday.

The US federal prosecutors said Juthamas and her daughter were charged with conspiracy and eight other counts. Both can face up to 20 years jail term if convicted.

The US prosecutors also said the bribes Juthamas accepted were given both in form of cash and disguised as sales commissions of between 10 and 20 per cent.

Prosecutors added that the suspects opened bank accounts in Singapore and the United Kingdom to receive the corrupt payments.

Department of Special Investigation (DSI) chief Tharit Pengdit Thursday said the DSI has investigated the case and submitted the investigation results to the National Anti-Corruption Commission as the accusations were made when Juthamas still served as a Thai state official.

Col Piyawat Kingkate, who headed the investigation team probing Juthamas case in 2007, said the DSI coordinated with the US Federal Bureau of Investigation (FBI) in collecting the evidence.

In its investigation, Col Piyawat said, the DSI concluded that two offences were committed: bid rigging and the malfeasance of state official.

-- The Nation 2010-01-21

[newsfooter][/newsfooter]

Finally some //deleted by Admin// will pay for their acts... Super !!!

[slimdog]

Obviously if any of the transactions, or even agreements took place on American soil, they could be charged with a crime. However, over the last decade there has been more and more of scary precedents being set for US DOJ to be able to charge people for committing crimes abroad, but until now I have only seen that applicable to US citizens.

SB, I think there is more involved in this than just Americans bribing foreigners. For sure, as I have already mentioned, GE Invisions (actually the company they acquired) was found guilty in an American court of bribing a Thai sub-contractor, but the American courts had no interest in involving the Thai sub-contractor. Here, they indict. No doubt, there is more to it. Look at your above statement and then think about it. OK, it is only a guess, but you never know.

For Reference:

InVision were taken to court in Northern California, by the SEC (Civil Action No. C-05-0660 MEJ) for violation of the FCPA, however no verdict was reached, as GE Invision (The new owners) settled the case for approx 1.1 million without accepting or denying guilt. Two factors which makes this case different to the TAT case are:

• The violation was exposed by the owners themselves (GE Invision)
  
• In the case of the Thailand charge, there was no evidence that corruption had actually taken place, only that, had the sale continued through the agent, then there was a high probability that money or gifts would be paid through the commissions. (The contract was later changed so that the purchase had to be direct with GE InVision)
  

Civil Action: http://www.sec.gov/litigation/complaints/comp19078.pdf

SEC Statement: http://www.sec.gov/litigation/litreleases/lr19078.htm

[Old Man River]

Obviously if any of the transactions, or even agreements took place on American soil, they could be charged with a crime. However, over the last decade there has been more and more of scary precedents being set for US DOJ to be able to charge people for committing crimes abroad, but until now I have only seen that applicable to US citizens.

SB, I think there is more involved in this than just Americans bribing foreigners. For sure, as I have already mentioned, GE Invisions (actually the company they acquired) was found guilty in an American court of bribing a Thai sub-contractor, but the American courts had no interest in involving the Thai sub-contractor. Here, they indict. No doubt, there is more to it. Look at your above statement and then think about it. OK, it is only a guess, but you never know.

For Reference:

InVision were taken to court in Northern California, by the SEC (Civil Action No. C-05-0660 MEJ) for violation of the FCPA, however no verdict was reached, as GE Invision (The new owners) settled the case for approx 1.1 million without accepting or denying guilt. Two factors which makes this case different to the TAT case are:

• The violation was exposed by the owners themselves (GE Invision)
  
• In the case of the Thailand charge, there was no evidence that corruption had actually taken place, only that, had the sale continued through the agent, then there was a high probability that money or gifts would be paid through the commissions. (The contract was later changed so that the purchase had to be direct with GE InVision)
  

Civil Action: http://www.sec.gov/litigation/complaints/comp19078.pdf

SEC Statement: http://www.sec.gov/litigation/litreleases/lr19078.htm

Slimdog, this isn't about GE. The fact that they blew the whistle (on themselves, post acquisition) is not relevant, although well done on GE's part.

For the record, from the article you attach above: "The Commission's administrative order finds that InVision violated the anti-bribery, books and records and internal controls provisions of the FCPA (respectively, Sections 30A, 13((2)(A) and 13((2)( of the Securities Exchange Act of 1934)."

The bottom line here is that the US courts had no interest whatsoever in the Thai sub-contractor in the CTX Scanner case, but have issued an indictment here. Clearly, there is something different about this case and in my view it has nothing to do with whether guilt is admitted or not. Time will tell.

[samran]

Daughter was a looker though, aye Samran.

The daughter has since married into the Dabbaransi family. Her husband Kritapone Dabbaransi is the son of former Deputy PM Korn Dabbaransi.

Aye, Steve.

Rode in the back of young Jib's Merc with her a couple of times, though never got the opportunity to get upto a but of hanky panky with her.

Feel a bit sorry for her though, as she was totally under her mothers control, moreso than most Thai rich kids. She was forbidden to go anywhere, in any form of transport other than her mothers car, which while always on call for her, was not always convinent for her to get from A to B, especially if the destination was only one stop away on the BTS. She wasn't even allowed to go to lunch outside the offices via Taxi (which most people do...even the rich ones). All Verboten.

I'm pretty sure that her mum put alot of pressure on her to be the conduit for the monies.

[Old Man River]

Daughter was a looker though, aye Samran.

The daughter has since married into the Dabbaransi family. Her husband Kritapone Dabbaransi is the son of former Deputy PM Korn Dabbaransi.

Aye, Steve.

Rode in the back of young Jib's Merc with her a couple of times, though never got the opportunity to get upto a but of hanky panky with her.

Feel a bit sorry for her though, as she was totally under her mothers control, moreso than most Thai rich kids. She was forbidden to go anywhere, in any form of transport other than her mothers car, which while always on call for her, was not always convinent for her to get from A to B, especially if the destination was only one stop away on the BTS. She wasn't even allowed to go to lunch outside the offices via Taxi (which most people do...even the rich ones). All Verboten.

I'm pretty sure that her mum put alot of pressure on her to be the conduit for the monies.

Samran, before I read your post above I suspected that Juthamas' daughter had no choice in this and now after reading your post it is obvious that she was used. I often wonder how much pressure Thaksin put on his family (children and sisters). Sometimes it is impossible to say no to family.

[Old Man River]

The American couple is accused of bribing the Thai officials to gain the right to stage the film festival in Bangkok. The Thais are indicted as being the recipient of the bribe money. The American couple was indicted for making the bribes. What the indictemnt by the Los Angeles, California court of the Thai officials really means is that they intend to try and recover some of the bribe money from the Thai officials indicted.

Actually, at this point, it is not known what the indictment covers. The original report in the US said that the Thai's have been indicted for taking bribes, but the fact is that, according to the FCPA blog, bribe-takers are not subject to the Foreign Corrupt Practices Act (FCPA).

In addition, the US government would have no interest in getting some of the money back since the funds originated from payments by TAT to the Greens and then the bribes paid back into the offshore accounts.

The Greens were also convicted of money laundering, but I would think that would be hard to prove against foreign nationals who were not involved in money laundering to begin with. At this point, it is hard to see what they possibly could be indicting the Thai's for based on US laws.

[slimdog]

Actually, at this point, it is not known what the indictment covers. The original report in the US said that the Thai's have been indicted for taking bribes, but the fact is that, according to the FCPA blog, bribe-takers are not subject to the Foreign Corrupt Practices Act (FCPA).

In addition, the US government would have no interest in getting some of the money back since the funds originated from payments by TAT to the Greens and then the bribes paid back into the offshore accounts.

The Greens were also convicted of money laundering, but I would think that would be hard to prove against foreign nationals who were not involved in money laundering to begin with. At this point, it is hard to see what they possibly could be indicting the Thai's for based on US laws.

From what I understand, the main charge is Conspiracy (18 U.S.C. 371). The Greens were also charged with this.

18 U.S.C. 371 makes it a separate Federal crime or offense for anyone to conspire or agree with someone else to do something which, if actually carried out, would amount to another Federal crime or offense.

So the Thai couple are probably charged with conspiring with others to commit some of the Federal Crimes Patricia and Gerald Green were found guilty of:

15 USC 78dd (FCPA)

18 USC 1956 (Transportation Money Laundering)

18 USC 1957 (Transaction Money Laundering)

18 USC 2 (Aiding and Abetting causing acts to be done)

For the Greens there was also the charges of:

21 USC 853, 28 USC 2461 & 18 USC 981 (Criminal forfeitures)

The Money laundering Transportation charge for the Greens is defined as:

Transporting money from within the United States to outside the United States with the intent to carry out illegal activities.

Hope of some help..