Friday, March 31, 2017

In 1st UN Bribery Case, Ng's Co-Defendant Yin Gets Plea Offer, Requests Delay, Gallach on Run

By Matthew Russell Lee

UNITED NATIONS, March 28 – The UN bribery case against Macau-based businessman Ng Lap Seng is moving toward trial - with discovery documents and lists of exhibits and witnesses now due April 17 and May 1 - but now Ng's co-defendant Jeff C. Yin has requested a delay in order to consider a plea offer. His lawyers have written to the court: "In the evening of Wednesday, March 22, 2017, the government conveyed a written plea offer to Mr. Yin with a deadline set for Tuesday, March 28, at 5:00 p.m. The plea is complex and involves civil tax assessments and liabilities, which are
outside of the Federal Defenders criminal defense expertise. Yesterday we asked the government for additional time to consider and discuss the plea with Mr. Yin. The government gave us only 24 more hours, until Wednesday March 29, 2017, at 5:00 p.m., stating that it could not provide more time because it had two trial deadlines the week of April 3 to focus on.
In order for us to fulfill our constitutional obligations to provide the effective assistance of counsel during plea negotiations and to effectively advise Mr. Yin about this plea offer, we need additional time. We, therefore, request that the Court extend the April 3 deadlines by one week." This as UN official Cristina Gallach, who did no due diligence on Ng's purchase of UN events and access, is set for a ghoulish "farewell toast" from UN scribes on March 30.
 In an order issued March 9 in the US District Court for the Southern District of New York, Ng Lap Seng's attempts to further delay were rejected and the schedule set: list of exhibits by April 17, lists of witnesses by May 1. Which of these, in both categories, will come from the UN?
 At the UN, Gallach who did no due diligence on Ng Lap Seng (audit here at Paragraphs 37-40 and 20b) still has what's described as Ng's bribery conduit South South News in its UN office, while she evicted and still restrict Inner City Press which for reported on Ng at the UN.
 On February 20, lawyers for Ng Lap Seng objected to the UN giving fewer documents than requested, and now, only to the government. Not only has the UN become even less cooperative on this case involving bribery in the UN - its holdover spokespeople won't answer basic questions about it. From the February 21 UN Transcript: 
Inner City Press: this question has to do with this Ng Lap Seng case, which is moving towards trial.  There was a letter filed yesterday by the defense, by the lawyer for Ng Lap Seng, saying that they are disputing both that the UN has fully complied with the discovery request, and they're questioning why the discovery wasn't given to them as the defendant, but was instead given to the Government, whereas prior documents had been given directly to the defense.  And they say it hasn't been explained to them.  So, what I'm wondering is, given that the UN talks about due process, et cetera, ask OLA [Office for Legal Affairs], given this public disputing of the UN complying and cooperating with the bribery case and giving the documents to the defendant that has requested them, what explains this change?

Deputy Spokesman:  Well, I wouldn't have any comment about what other lawyers are saying on this, beyond saying that the United Nations has been complying with the requests made in this case.

Inner City Press: OK, can you confirm that the UN was providing in the past, it's the documents requested to the defense and has now changed policies and is only providing them to the Government, and what explains that?

Deputy Spokesman:  What I can say is, on this matter, as we've been stating in the past and I'll reiterate it, that the requests that come from the judicial authorities in this case are ones that we are complying with. 
  On January 30 in the US District Court for the Southern District of New York, US Attorney Preet Bhahara filed more detailed information including concerning South South News, described as Ng's bribery conduit, which Gallach has nevertheless left in its UN office while evicting and restricting Inner City Press which asked her about it, and her own connection to Ng Lap Seng's South South Awards.
  Bhahara's filing, calling South South News "NGO-1," states as to co-defendant Jeff C. Yin:
"the defendant agreed to and did cause bribe payments from NGO-1, meant for the Dominican Ambassador [Francis Lorenzo, who has pleaded guilty], to be made to (i) third-parties to cover the Dominican Ambassador’s personal expenses (e.g., his mortgage, see Bates 0000569362-0000569363, 0000132016-0000132017), and (ii) family members of the Dominican Ambassador, specifically, his siblings (who are identified in discovery, e.g., Bates 0001003479-0001003770, 0001031249-0001031288)....
the defendant both caused NGO-1 to pay him in cash (or checks made out to cash or petty cash) and made false and/or misleading statements to his accountant concerning the amount and source of his income. More specifically, we expect that the evidence will show that (a) with respect to his tax returns for calendar years 2013 and 2014, the defendant informed his accountant of income he received from the Macau Real Estate Development Company while entirely omitting income he received from NGO-1, thereby causing his accountant to file tax returns that omitted the defendant’s income from
NGO-1 for these years."
   Gallach's DPI leaves NGO-1 in its UN office, while continuing to restrict Inner City Press more than a year after it sought to cover a meeting in the UN Press Briefing Room to see the relationship between Ng's bribery vehicle and Gallach's and DPI's and apparently the 38th floor's correspondents "interlocutor." This is disgusting.
(As is Gallach promoting herself attending - for the UN! - a "Global Festival of Ideas" event in March 2017, here. Is the "idea" corruption? Or censorship?)
 But Inner City Press can't even ASK the UN about this on February 1, because the UN's noon briefing is canceled due to an 11 am "press encounter" with Antonio Guterres, who is unlikely to address, or take Press questions on, this UN corruption case. The old guard, implicated, is polluting the new administration.
  On January 27 in the US District Court for the Southern District of New York an order issued sealing but setting a date to unseal "UN Documents" 1 and 2.  Here is the UN's own Office of Internal Oversight Services audit of aspects of Ng Lap Seng's purchase of the UN, see esp Paragraphs 37-40 and 20b regarding Gallach.
  Gallach's Department of Public of Information on January 27 prevented Inner City Press from covering a Holocaust event by new UN Secretary General Antonio Guterres, here.
Gallach's no due process eviction and ongoing restriction of Inner City Press was done with a blatant conflict of interest: she is named in the audit (as USG of DPI), and Inner City Press had asked her about her links with Ng Lap Seng.
(In other Ng Lap Seng diplomatic fall-out related investigations, Dominica's Roosevelt Skerrit, who attended Ng's scam Macau "UN" event, is under fire for other passports now more timely than ever, here.)
  There is of course a second UN-related bribery case getting started, against Ban Ki-moon's brother Ban Ki Sang and nephew Dennis Bahn, who used the UN General Assembly and UNSG Ban Ki-moon's name for real estate fraud. And here, from South Korea.
 Here in the first of the two UN bribery cases, against Ng Lap Seng, is from the January 27 SDNY United States District Judge's order:
"The Government requested and I granted protective orders delaying the production by the Government of two documents produced to the Government by the United Nations. The first protective order related to a document discussed during the status conference held on December
8, 2016, (“UN Document #1”) and the second related to a document referenced in the Government’s email to the defense dated January 18, 2017, (“UN Document #2”). 
During the December 8 conference, I stated that I would review UN Document #1 again to “make a determination whether six weeks is enough time” for the production of that document in advance of trial. (Doc. 350 at 10:15-17.) I have taken another look at UN Document #1 and have reviewed UN Document #2 to determine how much time in advance of trial the Government should produce these documents to the defense."
  We'll have more on this. 

As the UN bribery scandal gathered force Secretary General Ban Ki-moon called for an audit by the UN Office of Internal Oversight Services of Sheri Yan's Global Sustainability Foundation (GSF), David Ng Lap Seng's Sun Kian Ip Group and its affiliates including the "World Harmony Foundation" and South South News, among others.

  The audit, completed early this year but first put online by Inner City Press, directly criticizes Cristina Gallach, the Under Secretary General for Communications and Public Information, Paragraphs 37-40 -- and 20b.

This last concerns the lack of any due diligence by the UN Department of Public Information under Under Secretary General Cristina Gallach of Ng Lap Seng's GWF's sponsorship of the “Ark of Return” ceremony.

  Now in December Ng has tried to get the superseding indictment dismissed, and the US government has opposed it.

The government writes, “The key players remain the same (the defendant as the bribepayer and Yin as his primary co-conspirator and deputy, the Antiguan Ambassador as the recipient of bribes, and the Dominican Ambassador as a party who was paid by the defendant and served his interests); the defendant’s alleged goals remain the same (namely, the obtaining of formal UN support for the Macau Conference Center); and the means and methods allegedly used by the defendant remain the same (including the defendant’s use of NGO-1 to funnel bribe payments).”

   NGO-1, South South News, remains in its UN office, while Inner City Press which has been covering this case, and UN links to it, was evicted and remains restricted 10 months later. When Inner group which put Ban together with Ng Lap Seng and Vivian Wang at Cipriani on 42 Street, tuxedo-ed UN/CA thugs came out and smashed Inner City Press' Periscope-broadcasting camera, video here.

  Ban was already selling the UN as far back as 2009:

From October 23, 2009, this Inner City Press report concerning Ng Lap Seng's partner Frank Liu, buying the UN under “unblemished” Ban Ki-moon:

“UNITED NATIONS, October 23 -- After announcing Secretary General Ban Ki-moon's participation in a UN Day concert later in the day, Ban's Associate Spokesperson Farhan Haq declined to answer Inner City Press' questions about whether the concert's sponsors, including the World Harmony Foundation, Frank Liu and/or the World Eminence Chinese Business Forum, had receive payments from businessmen, and if any of these were scheduled for photo-op with Mr. Ban.

  Haq, in a nearly empty noon press briefing with no time constraints, nevertheless said that the questions would be answered at another press conference on Friday afternoon, "if you are there." ... An October 23 press release by the World Harmony Foundation states that "Secretary General Ban Ki-moon... tolled the bell signifying world harmony."

The press release was handed to Inner City Press at a surreal breakfast forum held by the WECBA and Frank Liu in Room 6 of the UN's Delegates' Dining Room. A businessman receiving an award stood at the front at a podium with the UN flag and intoned, "please remember that Chinese businessmen are the kindest people in the world."

Another speaker said that more people dying every year from obesity than hunger, and urged those in the audience not to eat too much. The Ambassador of the Dominican Republic urged the assembled businessmen to join the UN Global Compact.”

 That would be Francis Lorenzo, of South South News, who has pleaded guilty. (Under Gallach, South South News still has its UN office, while Inner City Press reporting on it remains evicted).

In late November a superceding indictment was filed which makes Gallach's malfeasance even clearer. The indictment now includes the US Foreign Corrupt Practices Act and specifies that South South News (NGO-1), which Gallach has left in its office while evicting Inner City Press which asked her about her connection to them, paid Ng Lap Seng's assistant in cash in order to evade taxes.

  The “honorary president” of South South News, who has pleaded guilty, was also involved in tax evasion. How corrupt can the UN be, to take no action on this bribery and tax evasion which corrupted the UN, while eviciting and restricting the investigative Press which asked about it? Gallach Must Go.