Defendants Allegedly Conspired to Bribe the President of
Chad and the Foreign Minister of Uganda
A criminal complaint was unsealed today charging the head of
a non-governmental organization based in Hong Kong and Virginia and the former
Foreign Minister of Senegal with participating in a multi-year,
multimillion-dollar scheme to bribe high-level officials in Chad and Uganda in
exchange for business advantages for a Chinese oil and gas company (the “Energy
Company”) in violation of the Foreign Corrupt Practices Act (FCPA).
Chi Ping Patrick Ho aka Patrick C.P. Ho, 68, of Hong Kong,
China, and Cheikh Gadio, 61, of Senegal, are each charged with conspiring to
violate the FCPA, violating the FCPA, conspiring to commit international money
laundering, and committing international money laundering. Gadio was arrested in New York on Friday
afternoon and presented on Saturday before U.S. Magistrate Judge Kevin
Nathaniel Fox. Ho was arrested on
Saturday afternoon and was presented today before U.S. Magistrate Judge Andrew
J. Peck and ordered detained.
Acting Assistant Attorney General Kenneth A. Blanco of the
Justice Department’s Criminal Division, Acting U.S. Attorney Joon H. Kim for
the Southern District of New York, Assistant Director-in-Charge William F.
Sweeney Jr. of the FBI New York Field Office, Special Agent in Charge James D.
Robnett of the Internal Revenue Service Criminal Investigation (IRS-CI) and
Special Agent in Charge Angel M. Melendez of U.S. Immigration and Customs
Enforcement’s Homeland Security Investigations (HSI) New York Field Office,
made the announcement.
“This alleged scheme involved bribes at the highest levels
of the governments of two nations,” said Acting Assistant Attorney General
Blanco. “The Criminal Division is
committed to investigating and prosecuting corrupt individuals who put at risk
a level playing field for corporate competitiveness, regardless of where they
live or work. Their bribes and corrupt
acts hurt our economy and undermine confidence in the free marketplace.”
“In an international corruption scheme that spanned the
globe, Chi Ping Patrick Ho and Cheikh Gadio allegedly conspired to bribe
African government officials on behalf of a Chinese energy conglomerate,” said
Acting U.S. Attorney Kim. “Wiring almost
a million dollars through New York’s banking system in furtherance of their
corrupt schemes, the defendants allegedly sought to generate business through
bribes paid to the President of Chad and the Ugandan Foreign Minister. As alleged, Ho’s Ugandan scheme was hatched
in the halls of the United Nations in New York, when the country’s current
Foreign Minister served as the President of the U.N. General Assembly, and then
continued unabated upon his return to Uganda.
International bribery not only harms legitimate businesses and fair
competition, but it also destroys public faith in the integrity of government. And when this type of international
corruption and bribery touches our shores and our financial system, as the
alleged schemes did, federal criminal charges in an American court may very
well be the end result.”
“The scheme described in this case boils down to these
subjects allegedly trying to get their hands on the rights to lucrative
opportunities in Africa,” said FBI Assistant Director-in-Charge Sweeney. “They were allegedly willing to throw money
at the leaders of two countries to bypass the normal course of business, but
didn’t realize that using the U.S. banking system would be their undoing. The FBI, our partners in the IRS and the law
enforcement community work diligently day after day to protect the integrity of
our financial institutions, and stop foreign entities corrupting international
commerce.”
“IRS Criminal Investigation operates worldwide and has the
expertise to identify bribery schemes such as alleged in the criminal
complaint,” said IRS-CI Special Agent in Charge Robnett. “Our special agents
are especially skilled at piecing together these financial puzzles, even those
that involve such high level participants.”
“These individuals allegedly offered millions of dollars in
bribes to foreign officials, disguised as charitable donations, in order to
seek business advantages,” said HSI Special Agent in Charge Melendez. “One used his position with a United Nations
Council to further this scheme. We will
continue to aggressively investigate financial crimes committed by corrupt
foreign officials while working collaboratively with our counterparts at the
FBI and IRS.”
According to the allegations in the complaint, the
defendants engaged in two bribery schemes to pay high-level officials of Chad
and Uganda in exchange for business advantages for the Energy Company, a
Shanghai-headquartered multibillion-dollar conglomerate that operates
internationally in the energy and financial sectors. Defendant Ho was the head of a
non-governmental organization based in Hong Kong and Virginia (the “Energy
NGO”) that holds “Special Consultative Status” with the United Nations (UN)
Economic and Social Council. The Energy
NGO is funded by the Energy Company.
The complaint alleges that Ho, with Gadio’s assistance,
caused the Energy Company to offer a $2 million bribe to the President of Chad
in exchange for securing business advantages for the Energy Company in its
efforts to obtain valuable oil rights from the Chadian government. In particular, in exchange for the bribe, the
President of Chad provided the Energy Company with, among other things, an
exclusive opportunity to obtain particular oil rights in Chad without facing
international competition. Gadio, who is
the former Foreign Minister of Senegal and who operated an international
consulting firm, is alleged to have played an instrumental role in the scheme
by, among other things, connecting Ho with the President of Chad and conveying
the $2 million bribe offer to the President of Chad. Ho allegedly compensated Gadio by paying him
$400,000 via wires transmitted through New York, New York.
It is further alleged that Ho caused a $500,000 bribe to be
paid, via wires transmitted through New York, New York, to an account
designated by the Minister of Foreign Affairs of Uganda, who had recently
completed his term as the President of the UN General Assembly (the “Ugandan
Foreign Minister”). Ho also allegedly
provided the Ugandan Foreign Minister, as well as the President of Uganda, with
gifts and promises of future benefits, including offering to share the profits
of a potential joint venture in Uganda involving the Energy Company and
businesses owned by the families of the Ugandan Foreign Minister and the
President of Uganda. These payments and
promises were allegedly made in exchange for assistance from the Ugandan
Foreign Minister in obtaining business advantages for the Energy Company,
including the potential acquisition of a Ugandan bank.
The charges and allegations in the complaint are merely
accusations. All defendants are presumed
innocent unless proven guilty in a court of law.
The investigation was jointly conducted by the FBI and
IRS-CI, and U.S. Immigration and Customs Enforcement’s Homeland Security
Investigations (HSI) provided critical assistance.
This case is being prosecuted by Trial Attorneys David A.
Last and Paul A. Hayden of the Criminal Division’s Fraud Section and Assistant
U.S. Attorneys Douglas S. Zolkind, Thomas McKay, Daniel C. Richenthal and Shane
T. Stansbury U.S. Attorney’s Office for the Southern District of New York’s
Public Corruption Unit.
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