The Foreign Corrupt Practices Act of 1977, as amended, 15 U.S.C. §§ 78dd-1, et seq. (FCPA), prohibited certain classes of persons and entities from corruptly making payments to foreign government officials to assist in obtaining or retaining business. Specifically, the FCPA prohibited certain corporations and individuals from willfully making use of any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay, or authorization of the payment of money or anything of value to any person, while knowing that all or a portion of such money or thing of value would be offered, given, or promised, directly or indirectly, to a foreign official to influence the foreign official in his or her official capacity, induce the foreign official to do or omit to do an act in violation of his or her lawful duty, or to secure any improper advantage in order to assist in obtaining or retaining business for or with, or directing business to, any person. The Republic of Haitis Penal Code Article 140 prohibited persons from corrupting or attempting to corrupt by promises, offers, gifts, or presents, an official, agent, or officer holding a position in any administrative, judicial, or military public authority, in order to obtain a favorable opinion; records, statements, certificates or assessments contrary to the truth; or positions, employment, adjudications, undertakings or other benefits of any type; or any other action by the department of the official, agent or officer. The Republic of Haitis Penal Code Article 137 prohibited any administrative, judicial, or military public official or any agent or officer of a public authority from accepting offers or promises or receiving gifts of promises to perform an action as a function of his position or his job, even one that is innocent but no subject to the payment of salary. A purpose of the conspiracy was for Laurent Lamothe and Michel Martelly to unjustly enrich themselves by having the National Telecommunications Council (CONATEL), telephone operators and representatives of justice under their businesses. It was a further purpose of the conspiracy to defraud Haiti government of revenue, and that while conducting and attempting to conduct such financial transactions, knew that the money involved in the National Fund for Education (FNE) financial transactions represented the proceed of some form of unlawful conspiracy activity to defraud United States, that is Wire Fraud and Money Laundering, in violation of Title 18, United States Code, Section 1343, in violation of Title 18, United States Code, Section 1957. youtu.be/EMQaOFtAq9Y
Posted on: Tue, 16 Sep 2014 13:52:06 +0000
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