US Charge Ex-Thai Tourism Chief

[shawndoc]

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.

But the law they talk about being violated specifically mentions bribing government officials, not private corporations. That might be all the difference.

Although I will say it seems weird to me, as this seems to be a case of the US Justice system trying to force other countries to play by our laws. While I'd love to see the corruption in Thailand cleaned up, I don't like the US pressuring other countries to follow our laws.

Just look at what's going on with Costa Rica right now. Since Costa Rica is refusing to implement our ridiculous copyright laws, the US government has banned the importation of sugar to try to force them to do it. They've also tried (with some success) to get Canada to change their copyright laws as well.

In my mind this is very wrong and very imperialistic.

[ThailandTommy]

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 it is because the people they allegedly took the money from are Americans and the transactions took place in America?

[manarak]

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.

I think this is a stupid law.

[lanlan]

I like that.thans very much!

our-shoes.com

megaugg.com

sellipodtouch.com

ourwholesalesonline.com

[christcourt]

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]

" and were sentenced to be sentenced on Thursday" who writes this stuff???

[Siripon]

The news said this morning Jutamart had gone to Burma on January5 but has since come back. Maybe she'll join Kamnan Poh, Wattana and Thaksin in Cambodia.

[tomross46]

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.

[webfact]

BKK FILM FEST SCANDAL

US court delays sentence on the Greens

US district court has delayed until March the sentence against a Los Angeles film-making couple convicted of bribing ex-Thai tourism chief to run a Bangkok film festival.

The hearing is postponed until March 4. According to TheWrap.com, the judge requested some sort of official statement from the Thai government declaring Thailand had been harmed by Gerald and Patricia Green's activities.

The judge seemed to signal a belief that the Greens' crimes (bribing a foreign official, conspiracy, money laundering and tax fraud) weren't to be considered all that serious because, allegedly, Thailand may have profited from the Greens' work on its film festival - and because the Greens had no apparent competitors for the film festival contracts, anyway.

Wu wants from defense attorney Jerry Mooney an abbreviated medical history of Gerald, 78, who is emphysemic (he appeared in court with a small oxygen tank slung over his shoulder) and suffers from high cholesterol and an enlarged prostate.

Los Angeles court on Tuesday charged Juthamas Siriwan, 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 scheduled 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.

-- The Nation 2010-01-22

[newsfooter][/newsfooter]

[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.

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.

It wouldn't be easy to be a child of a family like that for sure. Having said that, after all the transactions were done, I did see the daughter out and about running Jatukjak like trinket shops in one of BKK's more prestigous complexes known for its extremely high rentals. To say that the shops eventually went bust is an understatement. I'll leave it to peoples imaginations as to why these loss making businesses were set up.

So I'm not too sorry for her. There were plenty of opportunities to say 'no'.

[animatic]

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?

I would assume that her feet were on USA soil during some of this deal that got outed,

and that makes it enough to indict her.

[webfact]

BKK FILM FEST SCANDAL

US court delays sentence on the Greens

<snip>

The hearing is postponed until March 4. According to TheWrap.com, the judge requested some sort of official statement from the Thai government declaring Thailand had been harmed by Gerald and Patricia Green's activities.

The judge seemed to signal a belief that the Greens' crimes (bribing a foreign official, conspiracy, money laundering and tax fraud) weren't to be considered all that serious because, allegedly, Thailand may have profited from the Greens' work on its film festival

<snip>

-- The Nation 2010-01-22

[newsfooter][/newsfooter]

Thai government declaring Thailand had been harmed

Thailand may have profited from the Greens' work on its film festival

That's quite interesting.... catch22 for Thailand?

[Old Man River]

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..

So, the charges aren't accepting bribes as originally reported, but conspiracy to help others pay bribes. Still, it begs the question as to what jurisdiction the US courts have against foreign nationals?, Also, even if the US courts show they have jurisdiction and can prove that Juthamas conspired on US soil, without the Thai government whose funds were involved declaring that Thailand has been harmed, the case is more of a nuisance anyway.

Given the Thai government has been in no rush to prosecute Juthamas for receiving the bribes despite the proof being put in their laps, it is highly doubtful they will declare to the US courts that they have suffered any damage. Without this, the Greens will get a slap on the wrist and Juthamas will walk away all the richer (crime does pay).

[LomSak27]

Animatic posted

would assume that her feet were on USA soil during some of this deal that got outed,

and that makes it enough to indict her

Not necessarily. If they conspired with people in the US to violate US law, the US claims jurisdiction - as do many other countries. That said I'll be interested to see how the extradition goes

[jitenshaman]

BKK FILM FEST SCANDAL

US court delays sentence on the Greens

<snip>

The hearing is postponed until March 4. According to TheWrap.com, the judge requested some sort of official statement from the Thai government declaring Thailand had been harmed by Gerald and Patricia Green's activities.

The judge seemed to signal a belief that the Greens' crimes (bribing a foreign official, conspiracy, money laundering and tax fraud) weren't to be considered all that serious because, allegedly, Thailand may have profited from the Greens' work on its film festival

<snip>

-- The Nation 2010-01-22

[newsfooter][/newsfooter]

Thai government declaring Thailand had been harmed

Thailand may have profited from the Greens' work on its film festival

That's quite interesting.... catch22 for Thailand?

regardless of what any of the charges are...the reality is that was one fantastic film festival with sold out shows and top rate films (And yes, the Thais made lots of money and profited greatly by the Greens work), and since the Thais have taken over managing the festival, the last few years the BIFF has been absolutely dreadful with generally second rate films, low attendance, and other weaknesses.

[slimdog]

Given the Thai government has been in no rush to prosecute Juthamas for receiving the bribes despite the proof being put in their laps, it is highly doubtful they will declare to the US courts that they have suffered any damage. Without this, the Greens will get a slap on the wrist and Juthamas will walk away all the richer (crime does pay).

Dont forget the charges the Greens are facing not totally related with FCPA, but on the same indictment.

26 USC 7206 (1) (False subscription of a tax return)

18 USC 1519 (Obstruction of Justice)

Juthamas daughter is also mentioned by name in the Green Indictment (along with Kitti Chambundabongse) with concealing payments (1.8 million Dollars) on her own income tax return.

Edited January 22, 2010 by slimdog

[dr_Pat_Pong]

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.

I thought that it was mandatory here to be corrupt if one was a super bureacrat.

[steveromagnino]

regardless of what any of the charges are...the reality is that was one fantastic film festival with sold out shows and top rate films (And yes, the Thais made lots of money and profited greatly by the Greens work), and since the Thais have taken over managing the festival, the last few years the BIFF has been absolutely dreadful with generally second rate films, low attendance, and other weaknesses.

If a film festival is to be judged by a few second rate celebrities (think JCvD and Steven Seagal) turning up then yes, it was a moderate success.

My own understanding having been involved somewhat with BOTH film festivals was that no one in the industry considered the BIFF to be a real film festival since Juthamas got heavily involved; it was a pretender that made people who don't understand what a film festival is supposed to be feel like they were at Cannes or Sundance. The real one is the more independent World Film Festival which actually is the team that used to be doing the Bangkok film festival - a guy called Kriengsak Victor someone or other is the key force behind the film industry here and he is now WFF.

For instance, a film festival is supposed to include workshops, interviews, participation and films that are deserving of praise in a pure sense rather than just a commercial sense. Guests should be stars that bring something to the table; personally I think of Kevin Smith, James Cameron, Peter Jackson types showing up and talking and educating. Somehow, and I may just being elitist here because it isn't always easy to compare actors and directors, Stephen Seagal as well as being (if you spend time with him personally) possibly completely deranged is also hardly regarded as the DeNiro of our generation, even despite appearing in such wonderful films as 'insert name here' where Stephen Seagal plays the part of 'insert name', a lone renegade who is called upon to singlehandedly save the [choose one] world/his family/the city/his country from a group of [choose one] terrorists/neocons/oil company management/corrupt police.

My understanding is that the Greens brought in the superstars and were given a MASSIVE budget to do so, which was paid for by the tax payer; got some nice media of senior politicians alongside popular figures for the voters but did not much at all for the local entertainment industry.

I suppose the comparison would be Bangkok Fashion City. To an observer outside the fashion industry, a wonderful way to showcase Thai fashion and get world exposure and sales. To an insider, a complete waste of money which damaged Thailand's existing annual fashion event (Elle Fashion week), failed to provide business matching in any meaningful way and encouraged the local fashion industry to set up their own competing industry body (called Bangkok fashion society) because they considered Bangkok Fashion City to be a total waste of time. BFS did however, allow the industry to hold some massive parties and a street parade paid for by the tax payer and very popular locally among upcountry voters (although hardly mentioned in world fashion circles) with senior politicians of that time to be photographed alongside a model with alledgedly the longest legs in the industry (seriously, someone keeps record of this stuff, other than myself - I also have database of largest breasts, least cellulite, most willing to accidentally get drunk miss the last skytrain home and have to sleep at my place) and alledgedly, a niiiiiiiiice easy 20% skim on an event costing hundred of millions of baht.

The most successful thai fashion brands right now are probably Sretsis (bangkok fashion society, not invovled with BFS) and Naraya (never anything to do with BFS) - hardly great recommendations for the success of BFS. As i recall, their opening event (that 3 day roadshow down Sukhumvit) also had as I recall TRT faction heavyweight Pinit announcing that there would simultaneously be a 50-70% discount at all participating retailers including Central and The Mall Group. Now, I don't like to tell a minister of industry how to do his job, especially one with such experience and skill as the TRT provincial ministers who have such relevant know how in guiding the luxury fashion industry on how to build their brands from their day to day dealings with running trucking companies, construction and financing businesses, but I simply off hand cannot think of a single other country that announces that they have arrived on the world stage with fashion creativity and skill to compete with LVMH et al.....then on the same day drop prices 50-70%.

My view of the film festival, is more of the same. Mind you, that's my view of pretty much everything in the world. So it might not be worth much. Certainly, to paraphrase Muhammed Ali, 'no film festival organiser ever called me to-give-me-1.8-million-dollars payoff-for-my-money-laundering-enterprise-at-a-shopping-mall-in-wireless-road'

The only reason in some people's opinion that the TAT got involved with this film festival in a big way, was to probably shift the control under an insider and that would allow politicians to appear next to celebs and to skim some money from the tax coffers. I believe the insider would be just like that Russell Crowe guy in that film where he is a lone renegade who is called upon to singlehandedly save the his country from a group of the tobacco lobby (a plot that I do not believe that Steven Seagal would have been able to do, as he can save his country from big oil, but big tobacco?? Can you see that? No way, the skills required as an actor for a role like that are far far different, for a start, you would have to probably kick the tobacco executive with the left leg, then spin to the right, and then maybe do the splits. Kicking big oil, you can kick with the right leg, then spin to the right, and no need for splits. Now Jean Claude Van Damme, he could do battle with big tobacco. In his contract, they specify he has to do the splits, or you have to pay him double. True story). Only in this case, the insider controlled the funds. Sanoh has already given testimony that this is how TRT functioned; every ministry and government department had a TRT placed official who would control the budget and allocate as required to party faithful. Mind you, now that he and Thaksin are good mates again (pee nong gun) then he might recount his testimoney. Er. Testimony.

I don't doubt the Greens could have made this a better film festival and they certainly had far bigger budgets back then to do so. Pity they weren't hired to do that, and right now, they are facing the music big time, but really one has to look to the PM of the day and the TAT governor if one wants to see the face of corruption. I personally don't know who either of those people are, maybe you do - they certainly were both good at making the green though.

And that's today's word.

Edited January 22, 2010 by steveromagnino

[Old Man River]

Given the Thai government has been in no rush to prosecute Juthamas for receiving the bribes despite the proof being put in their laps, it is highly doubtful they will declare to the US courts that they have suffered any damage. Without this, the Greens will get a slap on the wrist and Juthamas will walk away all the richer (crime does pay).

Dont forget the charges the Greens are facing not totally related with FCPA, but on the same indictment.

26 USC 7206 (1) (False subscription of a tax return)

18 USC 1519 (Obstruction of Justice)

Juthamas daughter is also mentioned by name in the Green Indictment (along with Kitti Chambundabongse) with concealing payments (1.8 million Dollars) on her own income tax return.

I base my comments on the lack of seriousness of charges against the Greens as per the article attached above by Webfact (reported by The Nation). It seems that without a Thai government declaration that the country was damaged by the Greens, the judge is questioning the seriousness of all the charges brought against the Greens (i.e. bribing foreign officials, conspiracy, money laundering and tax fraud). Hence, it may well end up being a slap on the wrist for the Greens, since it will be difficult for the Thai government to say the country was damaged when many believe the film festival gained from the Greens being involved.

On the Siriwans, as it relates to tax payments, neither Juthamas or her daughter would have paid taxes on the "commissions" to the Thai RD. A deal here can easily be made. No US taxes would be owed by the Siriwans if they are Thai citizens only. The US government's taxing authorities might try to make a case for potential taxes owing by Juthamas for the alleged cash payments, but cash payments are always hard to prove.

As it relates to the Siriwan indictment, information about the indictment can be found on the FCPA Professor website. The indictment alleges that the Greens did on occasion "arrange for cash payments to be made directly to Juthamas Siriwan, including during her trips to Los Angeles, California." The indictment further alleges that Juthamas Siriwan "sent and caused to be sent to co-conspirator Gerald Green a facsimile on TAT letterhead providing wire instructions for transferring funds". Finally, the indictment alleges that "co-conspirator Patricia Green received instructions to divide 'commission' payments owed to defendant Juthamas Siriwan into wire transfer to three separate accounts."

As for the rest of the indictment (charges 2 through 8 of the indictment), it relates to "transporting funds to promote unlawful activity." It relies on 18 USC 1956 (a)(2)(A). You can read it, but remember if the seriousness of the Greens' crimes are being questioned, then the seriousness of the Siriwan's crimes will be similarly questioned. In fact, probably not even worth pursuing.

[Springman]

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

You abviously havent read what happened Good on the yanks i say

[webfact]

EX-TOURISM CHIEF

Juthamas' fate hangs in balance

By The Nation

Published on January 23, 2010

US court delays decision on convicted bribers; no extradition request as yet

Thai prosecutors and the Foreign Ministry will play a major role in deciding whether former tourism chief Juthamas Siriwan will be only the second Thai to be extradited to the United States, now that she has been indicted there for alleged involvement in bribery.

An extradition request has yet to be sent to Thailand, but the two agencies may have to start looking ahead to the unenviable task. A US district court yesterday delayed until March the sentence against a Los Angeles film-making couple convicted of bribing her so that they could run a Bangkok film festival.

Her indictment in the US is expected to spawn a few legal headaches, as she has also been under investigation in Thailand concerning the film festival. Her whereabouts over the past two days are not known.

How the Thai agencies will treat the inevitable extradition request will depend on various factors, namely the progress of the domestic case, the evidence provided by the US, and even bilateral relations, a high-ranking source in the Attorney-General's Office said yesterday.

And after the two agencies reach a decision, the Thai court will have a final say on whether Juthamas will be the second Thai to be extradited to the US - the other being former Chat Thai MP Thanong Siripreechapong. He was sent to the US in 1996 on drug-trafficking charges, but was convicted on minor charges before being sent back to Thailand three years later.

The sentence against the US film-making couple has been postponed until March 4. Reports from the US said yesterday the court had requested some sort of official statement from the Thai government on whether or how Thailand had been harmed by Gerald and Patricia Green's activities.

The court's move was interpreted by some as signalling willingness to consider claims that the Greens' crimes - bribing a foreign official, conspiracy, money laundering and tax fraud - were not all that serious because, allegedly, Thailand may have profited from the their work on its film festival, and because the Greens had no apparent competitors for the festival contracts, anyway.

Also featuring in the hearing against the well-known couple were interests in medical history of Gerald, 78, who is emphysemic - he appeared in court with a small oxygen tank slung over his shoulder - and suffers from high cholesterol and an enlarged prostate.

The Los Angeles court on Tuesday charged Juthamas and her daughter Jittisopa over receiving US$1.8 million (Bt59.5 million) in bribes from the couple 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 scheduled 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 in jail if convicted.

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

The Thai suspects allegedly opened bank accounts in Singapore and the United Kingdom to receive the payments.

-- The Nation 2010-01-23

[newsfooter][/newsfooter]

[SomTumTiger]

Does anyone find it terrible funny that Thakin's TAT chief was just indicted for corruption?

[pedro01]

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

Foreign corrupt businesses act in the states say that if a US citizen or company commit acts of corruption outside of the US, they will be convicted within the US.

[dr_Pat_Pong]

I like that.thans very much!

our-shoes.com

megaugg.com

sellipodtouch.com

ourwholesalesonline.com

Spammer banned.

[steveromagnino]

I like that.thans very much!

our-shoes.com

megaugg.com

sellipodtouch.com

ourwholesalesonline.com

Spammer banned.

seems harsh. I was all ready to purchase some erection assistance and a way to increase the size of my raaam as well.

There's no question in reality the govt and the film industry and the country has been harmed by the greens AND by Jathamas. Whether someone is willing to go on record then get sued for saying so (Shin style) is another question.

[TAWP]

Spammer banned.

But the website addresses retained?

[Old Man River]

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

Foreign corrupt businesses act in the states say that if a US citizen or company commit acts of corruption outside of the US, they will be convicted within the US.

Yes, but in reading up on this, I see where the Foreign Corrupt Business Act (FCBA) in the US does not allow the Dept of Justice (DOJ) to go after those receiving the bribes, only those paying it. Hence, the charges against Juthamas et. al. are not under the FCBA.