Mas In The Cemetery: Regional

Showing posts with label Regional. Show all posts

Thursday, May 25, 2017

Dominican and Antiguan to provide testimony at Lap Seng trial

Dominican-born and former Antigua Attorney General Justin Simon and prominent Antiguan Attorney Dr. David Dorsett will form part of the federal trial of Chinese billionaire Ng Lap Seng which is about to commence in New York next week. Both attorneys have submitted affidavits for and against Mr. Ng and in support of the respective attorneys.

In a 46-page affidavit filed in Manhattan Federal Court on May 16th on behalf of the US government, Mr. Simon lays out in detail his interpretation of Antiguan anti-bribery statutes. In a letter submitted with the affidavit to presiding Judge Vernon Broderick, Acting US Attorney Joon Kim states that Mr. Simon's affidavit "addresses the elements for violations..under the Prevention of Corruption Act as well as a violation of..the Integrity in Public Life Act".

Mr. Kim went on to state in his letter "First, as explained in Mr. Simon's affidavit, it is not a defense to a violation of the Prevention of Corruption Act or the Integrity in Public Life Act that the public official would have engaged in the same conduct regardless of whether he was offered or given benefit. In other words, there is no requirement under Antiguan law that the individual sought to have the public official do something contrary to what the official would otherwise have done in good faith or for the good of Antigua, absent the benefit or advantage. No such requirement is expressed in the statues, nor has any such requirement been so defined by a court or other authority in Antigua".

Justin Simon Affidavit (with supporting exhibits)

You will recall that a central figure in the Lap Seng case was former Antigua and Barbuda Ambassador John Ashe, who lost his life in an unfortunate accident a year ago. Mr. Ashe had been indicted in the massive bribery scheme for which he was allegedly paid by Mr. Ng to use his status as a former President of the General Assembly to influence the United Nations into approving the construction of a large Conference Center in Macau. Mr. Ng's company, Sun Kian LP, would have been the developer of this multi-billion dollar facility.

Countering Mr. Simon's affidavit for the feds, attorney Dr. David Dorsett has provided an affidavit for the defense team of Mr. Ng. In his affidavit filed yesterday May 24th by Alexandra Shapiro, lead attorney for Ng Lap Seng, Mr. Dorsett presented his interpretation of the same Antigua laws as it pertains to the case. Ms. Shapiro points out in her letter to the court that Mr. Simon, the government's expert foreign attorney, does not dispute two of four points as raised by Mr. Ng in a previous letter to the court on May 12th. "In particular, Mr. Simon does not dispute that the Antiguan laws referenced..only apply when there's alleged bribery of an Antiguan public official, which does not include elected heads of international organizations or their constituent bodies or committees, such as the President of the General Assembly or the President of the High-Level Committee on South-South Cooperation, or members of political parties in Antigua... Nor does Mr. Simon dispute that for there to be a violation of any of the..laws, it is critical that the benefit at issue have been exchanged for an act or omission in the public official's capacity as a public official of Antigua, and not in any other capacity".

Dr. David Dorsett's Affidavit

Ms. Shapiro went on to say in her letter "Mr. Simon disputes two points of Antiguan law without providing any legal reasoning or citation of legal authority. Mr. Dorsett explains why Mr. Simon's affidavit misinterprets and mischaracterizes Antiguan law, and Mr. Dorsett provides reasoning, case law and treatises in support. In particular, Mr. Dorsett explains that there is no violation of the Antiguan bribery laws if the public official would have engaged in the same conduct whether or not he received the supposed benefit. Mr. Dorsett also explains the intent required under Antiguan criminal law: that (a) it was the defendant's purpose to cause the particular result, or (b) the result was 'a virtually certain consequence of his act' and the defendant knew that to be so".

Both attorney's are expected to be called to the witness stand at some point during the trial. It looks like we may have a battle between two highly successful Caribbean lawyers in Manhattan Federal Court. Who will the jury believe? This is, after all, a major case with global ramifications. Two of our sons are about to play a critical role in its determination.

Lap Seng photo courtesy South China Morning Post (scmp.com)

Monday, December 26, 2016

Summer trial for Lap Seng

The long-awaited start of the US government's case against Chinese billionaire Ng Lap Seng will commence in the heat of the summer of 2017. The case, originally scheduled to begin in January has been pushed into May, with jury selection to begin at 10:00am on May 15th.

Mr. Ng and his assistant Jeff Yin were arrested by FBI agents in September 2015 just prior to departing New Jersey. They were slapped with several charges including conspiracy, money laundering, and bribery of United Nations officials. Ensnared in the federal case were former Antiguan diplomat John Ashe, who has since passed, and former Assistant Ambassador from the Dominican Republic Francis Lorenzo. Mr. Lorenzo, who was scheduled to be sentenced on December 9th has had his sentencing date pushed back another 6 months.

The past several months have seen a flurry of activity in the courts relating to this case. In a development that surprised defense lawyers, the government filed a 31-page 8-count superseding indictment against Mr. Ng and Mr. Yin on November 22nd. The indictment handed down by the Grand Jury charges both defendants with conspiracy to pay Bribes, payment of Bribes, violation of the Foreign Corrupt Practices Act, conspiracy to commit Money Laundering, Money Laundering, conspiracy to Defraud the United States, and Obstructing and Impeding and Endeavoring to Obstruct and Impede the Due Administration of the Internal Revenue Service Laws.

New Superseding Indictment

In the new indictment, the government added a new alias for Mr. Ng, which has caused quite a bit of consternation for the Chinese billionaire. His lawyers have protested references to him as "Boss Wu" and have made a submission to the court stating that the "newly added 'Boss Wu' alias unfairly and improperly insinuates that - notwithstanding the nature of the case - Mr. Ng also has a role in organized crime". The submission goes on to state that the "indictment's serial references to Mr. Ng as 'Boss Wu' is unfairly prejudicial". Mr. Ng has motioned to strike this superseding indictment as well as all references to "Boss Wu".

Lap Seng motion to Strike

The presiding judge, Judge Vernon Broderick, also has his hands full with motions to suppress evidence from both defendants. The attorneys for both Mr. Ng and Mr. Yin have filed motions to suppress their post-arrest interviews, alleging that their Miranda Rights were not properly explained to them and that the interview proceeded even after they invoked their right to Counsel. The government has challenged the motions contending that the defendant's rights were not violated and that they knowingly and voluntarily waived their rights and chose to talk to the arresting agents. The government, in its statement to the court, noted that the interviews, including Miranda warnings, were video recorded in their entirety.

But in response to the government's statement to the court, the attorneys for Jeff Yin allege that at the time of his arrest in his hotel lobby, Mr. Yin had been awake for over 24 hours and was exhausted. Reviewing the transcript of the video recording of the interrogation of Jeff Yin, it appears that the attorney's for Mr. Yin in their response to the government's challenge are contending that the interview of Mr. Yin commenced prior to him being apprised of his Miranda Rights. It is left to see where the judge rules; his decision is pending.

Another Antiguan caught?

Over in Brooklyn, a massive bribery case is being unraveled in federal court that may ensnare the Antiguan government. The Brazilian company Odebrecht S.A., the largest construction company in Latin America, has plead guilty to multiple counts of bribery, resulting to fines in excess of US $3.5 billion. The investigation into the company's bribery schemes, which spanned over 20 years, has uncovered what may be an Antiguan link. The New York Times reported last week that as authorities were closing in on Odebrecht, its employees began to destroy documents. Odebrecht apparently operated an offshore company in Antigua that was used to wire bribes all over the world. According to the Times, in 2015, an Odebrecht employee arranged a meeting with an Antiguan consular official. At the meeting, the Odebrecht employee requested that a high-level official in Antigua refrain from sending international authorities banking documents that would show illicit payments made on behalf of Odebrecht. Prosecutors said that the employee offered to pay US$4 million for the favour but in the end, the Odebrecht employee made 3 payments of 1 million Euros each to the Antiguan official, failing to do a forth. We will be following developments in this case.

US v. Odebrecht S.A.

Click on the above link to view the indictment against Odebrecht. References to Antigua are highlighted.

Tuesday, July 12, 2016

Ashe acted in Official Capacity

As the case against Chinese billionaire Ng Lap Seng courses through Manhattan Federal Court, we're learning bits and pieces of information by way of discovery. Judge Vernon Broderick has set January 23rd 2017 as the commencement date of the trial against Mr. Ng. However, with a number of sentencing hearings of Mr. Ng's co-conspirators strewn out between now and then, we're getting more details about the massive bribery scheme that has ensnared a number of prominent individuals, including former Antigua and Barbuda Ambassador John Ashe, now deceased.

On July 11th, a conference meeting was held in Court where indicted co-conspirator Shiwei Yan appeared. Ms. Yan, through her lawyer Christine Chung, submitted Ms. Yan's "Sentencing Memorandum", which is essentially an argument to the judge before he administers his sentence (Ms. Yan pleaded guilty to a single count of bribing John Ashe and is scheduled to be sentenced July 26th).

The Memorandum laid out Ms. Yan's personal history, characteristics and expressions of remorse for having been part of the bribery scheme. Ms. Chung made several references to case law and sentencing guidelines used in the relevant cases she referenced. She also made some statements that we find quite interesting.

In laying out her case that the court should be as lenient as possible, Ms. Chung noted that the bribery which Ms. Yan was engaged in did not injure the public. She noted also that Ms. Yan did not keep any of the bribe money, implying that she was merely a conduit whereby Mr. Ashe was the beneficiary of Mr. Ng's money. "First, the bribery guideline is completely insensitive to the fact that Ms. Yan did not keep any part of the bribes or profit from the scheme. Under the bribery guideline, a defendant who committed the same crime as Ms. Yan but kept or gained up to $1.5 million would be assigned the same Guidelines range as Ms. Yan. Second, the bribery guideline treats as equally culpable bribe givers, middlemen, and bribe takers. Third, the guideline does not allow calibration for the difference between bribes that cause injury or bear fruit and those that do not. And finally, the guideline provides no way to adjust the range depending on who bears more responsibility for initiating or pursuing the bribes, such that Ms. Yan and Mr. Ashe would be treated the same, except for the two-level upward adjustment resulting from the fact that Mr. Ashe was a public official. This assumes, of course, that the government had ever sought to punish Mr. Ashe for bribery at all".

Ms. Chung is raising questions about the sentencing guidelines because her client faces at least 30 months in federal prison for the crime she pleaded guilty to. She is stating to the court that it is unfair because Ms. Yan would serve the same amount of time as Mr. Ashe, had been sentenced for the crime he was charged with. Ms. Chung pleaded for the minimum sentence to be imposed and, recognizing that court may want to "set an example", she suggested to the court that time already served in jail should be sufficient and that "any additional term of incarceration carries the risk of imposing unfairly on her disproportionately the weight of serving as an example". (Ms. Yan spent four weeks in federal prison and has been confined to her apartment for the past 8 months wearing an ankle bracelet). "There is no need to protect the public from any further crimes by Ms. Yan. She has learned extremely painful lessons, harbors paralyzing remorse, and will never commit another crime".

Ms. Chung, in her presentation, noted that Mr. Ashe was never charged with bribery, only with tax evasion, despite being the leader of the bribery scheme. She stated that was because the (US) government conceded to immunity enjoyed by Mr. Ashe. She went on to state that "Mr. Ashe's colleagues in the Antiguan government, who pocketed the bribe money with Mr. Ashe, have denied that there was any wrongdoing. They will likely never be held to account".

Ms. Chung tore into Mr. Ashe and officials of the Antiguan government. She characterized Mr. Ashe as the "leader and instigator who lined his pockets". Pointing to an internal United Nations investigation, she stated that the UN has "admitted that its own 'significant loopholes and blindspots' made it possible for Mr. Ashe to route millions to bank accounts, established by himself personally, that were outside of any UN or UN General Assembly oversight. And the government of Antigua and Barbuda, whose officials were purportedly 'corrupted' by the money Ms. Yan channeled to Mr. Ashe, has stated that it regards the actions of Mr. Ashe to have been 'in the interest and for the good of Antigua and Barbuda'".

Ms. Chung's reference to the government of Antigua and Barbuda's statements refers to the official replies given to the US State Department by Antiguan officials regarding clarification of Mr. Ashe's actions over a set period of time. The US authorities wanted to know whether Mr. Ashe was acting solely or in his official capacity, and as such, cloaked in his diplomatic immunity shield. The US requested that Antigua waive Mr. Ashe's immunity so that he could be tried on the pending charges. "The Antiguan government, members of which pocketed the bribe money, has denied its own misconduct. Specifically, that government responded in March 2016 to the US State Department's request that it waive Mr. Ashe's diplomatic immunity for the conduct alleged in the Complaint. It refused to do so and additionally characterized as 'official acts' of Mr. Ashe his conduct in advocating for the interests of CC-1 and CC-2, accepting an invitation to attend the Guangzhou conference from CC-3, and advocating for the business interests of the Foundations established by Ms. Yan. The government of Antigua and Barbuda has taken the view that the actions of Mr. Ashe were 'in the interest and for the good of Antigua and Barbuda'".

(Note: CC-1, CC-2 and CC-3 references apply to "co-conspirator-1, 2 and 3")

Here is the official Diplomatic Note from the US State Department to the government of Antigua and Barbuda (redacted to conceal sensitive information).

Here is the letter sent to US Attorney Preet Bharara by then Antiguan Attorney General Steadroy Benjamin.

Here is the official reply given to the US State Department.

Here is the letter from former Prime Minister Baldwin Spencer in response to a request from current Prime Minister Gaston Browne (redacted to conceal sensitive information).

Ms. Chung said that "among the methods that Mr. Ashe used to receive the illicit payments was to set up bank accounts bearing the name 'PGA' or 'President of the General Assembly', but controlled by himself and used by himself to fund personal expenses rather than any business of the Office of the PGA'". She described Mr. Ashe as the "hub and linchpin" of the bribery scheme, who constantly has his hand out. She stated that "Mr. Ashe's bribe-fueled efforts on behalf of Mr. Ng are alleged to have included ensuring that UN documents were altered, by UN personnel, to tout the Macau Conference Center". She continued; "First, the government alleged that within weeks of Mr. Ashe's first meeting with Ms. Yan and Ms. Piao in Hong Kong in April 2012, Mr. Ashe sought, and Ms. Yan and Ms. Piao had arranged to make a $300,000 payment from 'CC-1', a Chinese media executive, to one of the PGA accounts that Mr. Ashe had set up". Ms. Chung said that he (Mr. Ashe) "characterized the $300,000 payment that Ms. Yan and Ms. Piao had arranged as 'PGA funding' and 'contributions' but also 'a show of good faith' by CC-1 that would enable Mr. Ashe to 'start the conversation' with Antiguan officials, including the Antiguan Prime Minister, regarding 'the business aspects of [CC-1's] initiatives for Antigua and Barbuda'".

Ms. Chung continued; "Ms. Piao and Ms. Yan acknowledged the emails of Mr. Ashe that described his endeavors in Antigua, thanking him and stating that they had relayed his 'good news' back to CC-1. Without alleging that Ms. Yan and Ms. Piao were aware of the specific amounts, the Complaint (against Mr. Ashe) alleged that Mr. Ashe disbursed $100,000 of the $300,000 to the then-Prime Minister of Antigua and $13,000 to the Prime Minister's political party".

"Second, the Complaint alleged that after Mr. Ashe was elected President of the General Assembly in June 2013, Ms. Yan and Ms. Piao began sending $20,000 monthly to an account Mr. Ashe identified as his personal bank account. In addition...in the fall of 2013, Ms. Yan and Ms. Piao arranged for 'CC-2', purportedly a 'Chinese security technology executive' to send approximately $100,000 to one of the PGA accounts set up by Mr. Ashe to pay for a reception for Mr. Ashe. The Complaint implied that in December 2013, Ms. Yan and Ms. Piao arranged a second payment of $100,000 to one of the PGA accounts set up by Mr. Ashe on behalf of the Chinese security company. After receiving that payment, according to the complaint, Mr. Ashe arranged meetings between executives of the Chinese Security company and officials in Antigua which resulted in a 'signed MOU [Memorandum of Understanding]".

"Third, the Complaint alleged that, in October 2013, Ms. Yan and Ms. Piao arranged a $200,000 payment to one of the PGA accounts opened by Mr. Ashe 'in exchange for Ashe making an official appearance at a conference in China being organized by a Chinese real estate developer', identified as 'CC-3'. The Complaint described that also in the fall of 2013, Mr. Ashe purportedly appointed Ms. Yan and Ms. Piao as 'Advisers' in 'Economic Matters' to the Office of the President of the General Assembly and as 'Advisers' to the Office of the Prime Minister of Antigua and Barbuda in matters pertaining to investments in Antigua'".

Ms. Chung stated that Ms. Yan, by her own admission, engaged in bribing Mr. Ashe for "selfish, prideful and unhealthy reasons". She stated that Ms. Yan was "flattered by Mr. Ashe's attentions and impressed by his title". She "aspired to be admired by Mr. Ashe and others as a 'successful, independent businesswoman' who could move in 'high-flown circles'". She stated that Ms. Yan's gullibility served her badly and that "Mr. Ashe was an affirmatively predatory individual who planned well ahead of assuming his office to trade on it to the fullest possible extent. He held his hand out constantly".

Ms. Chung stated that Ms. Yan admits to being a willing partner, but she was also a mark for Mr. Ashe. She stated that Ms. Yan and Ms. Piao gave Ashe the Chinese nickname of "the Giant" and they treated him as one. "He constant sought funds: saying for example, that Ms. Yan's and Ms. Piao's 'initial contribution' would be used such that 'any additional contribution(s) to the account...would be most welcomed'...or hinting that the 'initial resources' he had in hand 'have now been fully utilized'...or closing a paragraph about an upcoming concert at the United Nations that 'needless to say, this endeavour will require major resources'".

Ms. Chung did not spare the United Nations in her presentation. She noted that following the arrests, the UN conducted internal investigations, "audits" as she puts them, and issued "recommendations". She stated that it was clear to see that the UN failings facilitated Mr. Ashe's bribery scheme. "The UN Task Force of UN Secretary-General Ban Ki-moon concluded in a report issued in March 2016, that Mr. Ashe's crime "occurred in an environment where there were significant loopholes and blind spots in the operational arrangements for the President [of the General Assembly] and the Office [of that President]". She continued; "among these were that the PGA is permitted to receive 'voluntary contributions from Member States, intergovernmental organizations, national institutions, non-governmental organizations, individuals and others".

As we mentioned, the case of United States v. Ng Lap Seng and is due to commence in January 2017. Francis Lorenzo continues to cooperate with prosecutors and Heidi Piao is scheduled to be sentenced later this year. Furthermore, the question arises; will Jeff Yin, Mr. Ng's able assistant, cave in and make a deal with prosecutors?

From left: John Ashe, Francis Lorenzo, Roosevelt Skerrit, Ng Lap Seng
Photographed in Macau at just prior to the arrest of Ashe, Lorenzo and Lap Seng.

And what about Roosevelt Skerrit? From the very beginning, anecdotal references have been made to Dominica, and we know Mr. Skerrit has been intimately attached to Mr. Ng for at least a decade. We find it extremely difficult to believe that Mr. Skerrit's ugly head will not pop up somewhere in this trial. Mr. Skerrit is not known to be one to pass on an opportunity to line his pocket with illicit gains, and feeling comfortable as he does in Mr. Ng's pockets, we cannot imagine Mr. Skerrit not wanting to take advantage of the opportunity afforded to him. After all, Mr. Skerrit is the only one of the four who attended the UN conference in Macau at the end of August 2015, that remains on the loose. And we believe that is primarily because of his status as head of state. Did the US State Department send Mr. Skerrit a letter as well, asking for his cooperation? Time will tell us. In the meantime, we're keeping our eyes open.

Thursday, June 30, 2016

Skerrit, Maduro and the OAS

Nicolas Maduro (center left), Roosevelt Skerrit (center right)

It does not look pretty for Dominica among anti-Maduro forces in Latin America. A firestorm has erupted throughout the hemisphere over what is being regarded as Dominica's defense of the Maduro regime within the Organization of American States (OAS). We are being maligned by Latin Americans as scoundrels and supporters of repression. And we have Roosevelt Skerrit to thank for that.

The 46 Annual General Assembly of the OAS recently concluded in Santo Domingo, Dominican Republic. During that meeting, from June 13 to 15, an attempt was made within the organization to take some form of action against the Venezuelan government for its wanton abuse of the country's constitution as well as a breakdown in law and order in the country that poses a grave threat to the security, stability and social fabric of its people. The OAS has within its charter the ability to act against a member state should it be determined that the country's democracy is under threat due to documented constitutional violations. According to Antigua's Ambassador to the OAS Sir Ronald Sanders, this attempt failed. Dominica was represented by our Ambassador in Washington DC, Hubert Charles (see below).

Undeterred by the inability to get some action on Venezuela at the General Assembly meeting, OAS Secretary General Luis Leonardo Almagro Lemes took his mission to assist in the restoration of the country's constitution one step further by calling together a special meeting of the hemispheric body on June 23rd to present his report on Venezuela. Mr. Lemes invoked Article 20 of the OAS's charter, the Inter-American Democratic Charter (IADC) (see below), which gives him the authority to act. Mr. Lemes urged the member states gathered to join in what amounts to decisive actions against the Maduro regime aimed at the restitution of constitutional democracy, including possible suspension from the OAS.

His presentation (see below) to the member states gathered in Santo Domingo, constitutes one of the most consise analyses of events that have unfolded in Venezuela over the last few years. Secretary General Lemes went into detail, listing the systematic dismantling of Venezuela's constitution by the Maduro regime and the collateral damage that has occured as a result. Mr. Lemes clearly laid out a roadmap for the OAS to follow and called on its members to assist in the restoration of democracy in Venezuela. As expected but unfortunately, Roosevelt Skerrit, beholden to Mr. Maduro and his Petro Caribe dollars, has sided with the oppressive regime in Caracas against the people of Venezuela as well as our friends across the region, including the United States. But Mr. Skerrit was not alone in his treachery.

It is interesting that Mr. Skerrit never misses an opportunity to spite the United States in the global arena but is adamant in his desire to have his children born in that country. Mr. Skerrit also is also rumored to own property, financed by ill-gotten gains, in the US under the names of close friends and associates.

The Dirty Dozen

Following his presentation, Mr. Lemes called for a vote of approval from member states. Joining Mr. Skerrit in opposing the desire to restore constitutional authority and stability in Venezuela were eleven other countries; Antigua & Barbuda, Bolivia, Dominica, Dominican Republic, El Salvador, Equador, Grenada, Haiti, Nicaragua, St. Kitts & Nevis, St. Vincent & the Grenadines, and Venezuela. These twelve states, whom we shall call "The Dirty Dozen", are all beneficiaries of Mr. Maduro's largesse at the expense of the Venezuelan people. We are not surprised at their subservience to Maduro but, upon listening to Sir Ronald Sanders presentation, we were appalled at his attempt to minimalize the events unfolding in Venezuela. Sir Ronald first accused Mr. Lemes of having a contentious relationship with Mr. Maduro, which we would agree with considering the situation in Venezuela. In rebuking Mr. Lemes' invocation of Article 20 of the IADC, specifically this section of the charter "an unconstitutional alteration of the constitutional regime that seriously impairs the democratic order in a member state", Sir Ronald went on to paint a simplistic picture of Venezuela today saying that there was no evidence to suggest that this was the case. "There has been no unconstitutional alteration of the constitutional regime in Venezuela...What is occurring in Venezuela is a struggle for power between several political factions, but as of now there has been no unconstitutional alteration of the constitutional regime, and it is that principle for which my government stands", Sir Ronald stated. We strenuously disagree. Has Sir Ronald and the Antiguan government not been paying attention to Mr. Maduro's illegal packing of the courts in order to have his way? Have they not heard of the assassination of an opposition leader? Under what rock has Sir Ronald been living?

The Freedom Fighters

Twenty states voted in favour of Mr. Lemes' presentation. They were; Argentina, The Bahamas, Barbados, Belize, Brazil, Canada, Chile, Colombia, Costa Rica, Guatemala, Guyana, Honduras, Jamaica, Mexico, Panama, Paraguay, Peru, Suriname, United States, and Uraguay. St. Lucia and Trinidad and Tobago abstained from voting.

Secretary General Lemes, perhaps chastened by the failed attempt to have the OAS act collectively at the just-concluded General Assembly, called for the establishment of a separate grouping to see his recommendations through. The "Group of Friends", as it will be called, will be mandated to work on solutions aimed at fostering the return of constitutional law and democracy in Venezuela. Mr. Lemes has his detractors, but we join with the Human Rights Watch (www.hrw.org) in encouraging Mr. Lemes to pursue an agenda that seeks to liberate the people of Venezuela from the clutches of a despotic regime.

The opposition forces in Venezuela are attempting to have Mr. Maduro recalled, and we fully support that effort. Mr. Maduro is an incompetent despot sitting on the largest oil reserves in the world. He is directly responsible for the plight of his citizens and needs to be evicted from office post haste. We in the Latin America/Caribbean region are on the verge of witnessing a migrant crisis similar to what has been occuring in Europe since the inception of the war in Syria. If action is not taken to mitigate the crisis unfolding in Venezuela, our islands will be inundated with Venezuelans fleeing their country en masse; are we prepared to handle this coming influx? Mr. Skerrit has not lifted a finger to assist the Dominicans trapped in Mr. Maduro's grasp, we doubt very much he will assist in saving Venezuelans from their own repressive government.

References made in this story.

Article 20 of the Inter-American Democratic Charter.

"In the event of an unconstitutional alteration of the constitutional regime that seriously impairs the democratic order in a member state, any member state or the Secretary General may request the immediate convocation of the Permanent Council to undertake a collective assessment of the situation and to take such decisions as it deems appropriate.

The Permanent Council, depending on the situation, may undertake the necessary diplomatic initiatives, including good offices, to foster the restoration of democracy.

If such diplomatic initiatives prove unsuccessful, or if the urgency of the situation so warrants, the Permanent Council shall immediately convene a special session of the General Assembly. The General Assembly will adopt the decisions it deems appropriate, including the undertaking of diplomatic initiatives, in accordance with the Charter of the Organization, international law, and the provisions of this Democratic Charter.

The necessary diplomatic initiatives, including good offices, to foster the restoration of democracy, will continue during the process."

Secretary General Luis Leonardo Almagro Lemes' Report on Venezuela.

Click this link to view report on the OAS website. SecGen Report

OAS Special Meeting of the Permanent Council June 23rd.

Click this link to take you to the YouTube video presentation: Amb. Hubert Charles at OAS

Ambassador Charles' presentation starts at the 1:46:40 mark.

Sir Ronald Sanders' presentation starts at the 1:07:27 mark.

Open Letter by Human Rights Watch to OAS Secretary General Lemes.

Click this link to view letter: HRW Open Letter to OAS

Thursday, June 23, 2016

Former UN President John Ashe has died

Former UN Assembly President John Ashe

Former UN Assembly President and Antiguan Ambassador John William Ashe has reportedly passed. The Antigua Observer is reporting that Mr. Ashe succumbed to a massive heart attack today, June 22nd, in New York.

Ambassador Ashe was a central figure in the ongoing Federal investigation of bribery at the United Nations. The investigation involves payments made to him and several other individuals by Chinese billionaire Ng Lap Seng, who is under house arrest in New York.

Ambassador Ashe was scheduled to be in Manhattan Federal Court this coming Monday, June 27th. In addition to Ashe, Ng Lap Seng and Jeffery Yin were also scheduled to appear at Monday's hearing. We informed you last month that Mr. Ashe's primary lawyers, Sills, Cummis & Gross, had filed a request with presiding Judge Vernon Broderick to be removed from the case. The request stated that the law firm was having problems getting paid by Mr. Ashe and that it could no longer continue to represent him. The request was approved by the judge and the court appointed new lawyers to represent him.

The hearing scheduled on Monday would have been the first time Mr. Ashe would have been in full conference before the court with his new lawyers. Exactly how this affects the case moving forward it is yet to be seen but we are certain it will not hinder the work of Manhattan US Attorney Preet Bharara. Unconfirmed reports indicated to us last week that Mr. Ashe was considering a plea deal with prosecutors. We were told that Mr. Ashe was a broken man, and with the Federal government about to add more charges, he was apparently about to sing to prosecutors. His death coming just 5 days before his next court appearance is certainly mysterious.

The UN bribery scandal continues to intrigue us. There have been many twists and turns and questions abound. We wonder; was Mr. Ashe ill? This is a curious development. We will continue to follow this case as it develops.

Tuesday, June 7, 2016

Veni Vidi Vici

I came, I saw, I conquered.

Allen Chastenet, political leader of the St. Lucia United Workers Party has slayed the dragon that is the bankrupt St. Lucia Labour Party government of Kenny Anthony. MiTC would like to say congratulations to PM Chastenet and a hearty Thank You for showing us Dominicans how to get rid of Kenny Anthony's twin, Roosevelt Skerrit.

We would like to also congratulate the youth of St Lucia; you have stepped up to the plate and driven this ball high over the boundary for six; our youth in Dominica can certainly take a page from your book. You have shown us what it means to be citizens; you have shown us what it means to put country first, not rum and sewo. You have shown us what it means to take action, not just babbling on the radio.

St Lucians and Dominicans are two sides of the same coin. We speak the same languages, our food is identical, our countries are works of natural beauty. Sadly, we Dominicans seem to be ones who have not matured. We at MiTC hope that all of us Dominicans will learn this important lesson in civic responsibility that you have just taught us.

Tomorrow, we have a by-election in one of our constituencies. Kenny's twin, Skerrit, has been plying the poor residents of that constituency with alcohol, building materials, and envelopes of cash, all in an attempt to steal yet another election. This by-election is a result of the resignation of one of Skerrit's ministers on accusations of child molestation. Mr. Skerrit, his cabinet and his party have chosen to celebrate an accused child molester while ridiculing the child. In any other country this would be unacceptable; but this is Dominica, anything goes for Mr. Skerrit and his gang.

We wish you the best St Lucia and we will support you as you write a new chapter in your history books.

Monday, March 28, 2016

Spencer Fingered in UN probe

Heidi Piao (r.) with her lawyer leaving Manhattan Federal Court
Photo South China Morning Post

Two weeks ago we broke the story of the arrest of Julia "Vivi" Wang (New York Prosecutors moving aggressively). Ms. Wang is accused of funneling money to Antiguan officials from China through Trinidad in order to pay for diplomatic positions for her now-diseased husband as well as another Chinese business man. This arrest followed plea deals secured by the Manhattan US Attorney Preet Bharara from Francis Lorenzo and Heidi Hong Piao.

With little fanfare, Mr. Bharara and his team of expert prosecutors secured a plea deal from Heidi Hong Piao, aka "Heidi Park" on January 14th. Ms. Piao pleaded guilty to 5 counts relating to the case; Conspiracy to Commit Bribery (1), Bribery (2), Conspiracy to Commit Money Laundering (3), Money Laundering (4), and Willful Failure to File Reports of Foreign Band and Financial Records (5). She is scheduled to be sentenced on April 25th.

We decided to take a closer look at the charges Ms. Piao pleaded guilty to and we've noticed that in the allegations, she has fingered the then Prime Minister of Antigua and Barbuda, Baldwin Spencer, as a recipient of bribe money. From the details laid out on counts three and four against Ms. Piao, specific references to the then PM is made.

The more serious count four, Money Laundering, reads as follows:

The United States Attorney further charges:

From at least in or about Summer 2012, up to and including in or about September 2015, in the Southern District of New York and elsewhere, HEIDI HONG PIAO, a/k/a "Heidi Park," the defendant, knowingly transported, transmitted, and transferred, and attempted to transport, transmit, and transfer, a monetary instrument and funds from a place in the United States to and through a place outside of the United States and to a place in the United States from and through a place outside of the United States, with the intent to promote the carrying on of specified unlawful activity, to wit, the bribery of a UN official and/or the bribery of a foreign official, to wit, PIAO transported and transmitted and facilitated the transportation and transmission of payments from China to the United States to effect the bribery of, among others, (i) an individual serving as the Permanent Representative to the UN for Antigua and as President of the UN General Assembly, and (ii) the then-Prime Minister and other officials of the Government of Antigua.

Count 4 from the plea deal

Mr. Spencer has repeatedly denied having received any bribes from his former UN Ambassador John Ashe, who is at the core of this conspiracy ring uncovered by the FBI and the Manhattan US Attorney. He has stated in the past that Ashe was asked to solicit donations from friendly persons for the benefit of the United Progressive Party. The indictment and plea deal however, does not make reference to the UPP, but rather Antiguan government officials. As to whether, insofar as this case is concerned, the two are mutually exclusive is something for the Antiguan people to decide.

Thursday, March 24, 2016

Professional Discourtesy

We're not in the habit of commenting on the media in general but something happened today that forced our hands. While out to supper, one of the writers on this blog alerted me to a breaking story on Talk in the Block on Q95 radio. She had received a text from a mutual friend who informed her that the show's host, Matt Peltier, was discussing the arrest of an individual in the case against Chinese billionaire Ng Lap Seng. Mr. Peltier was reporting that the Antigua Observer newspaper was breaking a story today on that subject.

I tuned in to hear Mr. Peltier detailing the arrest of Julia Vivi Wang and giving information on her alleged connection to officials in the Antigua government. Mr. Peltier and another journalist who he had on the line, were giving the impression that the news item was broken by the Observer. This prompted me to log on to the Observer website to view what the entire debate was about, although I must admit, I was intimately aware of it. I was astonished at what I saw.

An Observer reporter, Kieron Murdoch, had posted a story today giving extensive information on the arrest of Ms. Wang and all the details associated with her arrest by the FBI in a previously sealed criminal complaint. What was amazing about this Observer story was that it was wholly lifted from this blog without any courtesy afforded.

Readers of MiTC know that on Saturday March 19th we broke the story of the arrest of Ms. Wang in New York and we provided voluminous details of the charges against her. The piece entitled "New York Prosecutors moving aggressively" was widely read over the weekend and continues to be read to this day. One of the readers was Observer reporter, Kieron Murdoch. Mr. Murdoch, evidently unaware of the story before having first read about it in MiTC, emailed me late Monday explaining that he had read our report. He went on further to say that he had searched the internet and could not find the documents which MiTC clearly had in its possession, evidence to which was a partial screen-shot of the first page of the sealed complaint. Mr. Murdoch asked me in his email whether I could help him out with a copy of the document. Out of professional courtesy and a desire to assist a fellow colleague, and further recognizing that this document may have far-reaching implications in Antigua, I emailed Mr. Murdoch a pdf of the complaint on Tuesday morning. (I did not read Mr. Murdoch's email until that morning). Mr. Murdoch replied that this is what he needed and he thanked me for sending him a copy of my document.

After listening to Mr. Peltier and reading the story on the Observer online paper, I sent an email to Mr. Murdoch and another reporter at the Observer highlighting the fact that they have just stolen our report, repackaged it and sold it to the Antiguan public as their own. Twelve hours later, I have not received a reply to my email from either reporter. I also submitted two comments on the Observer website, but they are yet to be published, even while several other comments have been. I believe they have been deleted.

We would like Mr. Murdoch and the staff of the Antigua Observer to know that we at MiTC are very skilled in our investigative work. That we were in possession of this document within hours after the case had developed should have alerted you to the fact that we are well-connected and that we may be able to assist you in the future. The UN bribery scandal continues to unfold and seeing that Antiguan diplomatic and governmental officials are intricately involved, we can expect further revelations relating to the Antiguan government.

However, asking us for copies of our documents, lifting our report, shuffling around the words and presenting it to your readers as breaking news when in fact the news was broken by MiTC several days earlier is bad journalism, and then, further complicating this by failing to acknowledge that MiTC is where you got your story from makes for an incompetent organization whose reporters evidently rely on fraud to generate their stories. At the very least you could have informed your readers that you were assisted by this blog; shame on you.

As this case progresses, MiTC will undoubtedly become privy to information and documents that you may be interested in but, lacking access, are unable to get. This display of professional discourtesy is certainly going to give us pause in the future. We hope that you will find the time to sharpen your investigative skills so that you do not have to resort to this behavior in order to inform your public.

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