Monday, February 5, 2018

On UN Bribery, US Opposes Ho Bail, Searched CEFC's Office While CEFC Still in ECOSOC, AU


By Matthew Russell Lee, VideoQ&A, HK here

UNITED NATIONS, February 5 – On November 20, the US Attorney for the Southern District of New York issued an indictment against the head of the UN ECOSOC accredited China Energy Fund Committee (CEFC) Patrick Ho and former Senegal foreign minister Cheikh Gadio,accused together of bribing Chad's President Idriss Deby -- as well as, for Ho, of bribing former UN President of the General Assembly Sam Kutesa, now as then the foreign minister of Uganda, since 2005, allegedly for the benefit of President Yoweri Museveni. 

In advance of Ho's next attempt at bail on February 5, the prosecution has in writing asserted that "since the Complaint was signed and Ho was arrested, the evidence of his guilt has only become stronger, as the Government has interviewed witnesses, executed search warrants (including for the Virginia office of the Energy NGO), and obtained documents from third parties." Tellingly, this Energy NGO, China Energy Fund Committee, is *still* in special consultative status with the UN's Economic and Social Council - and Guterres met with Uganda's Museveni, who is in the complaint, at the same AU summit where Guterres met Sudan's Omar al Bashir, without issuing any read-out. 

The prosecution's letter cites the "President of the UN General Assembly (the “Ugandan Foreign Minister”). Ho also provided the Ugandan Foreign Minister, as well as the President of Uganda (who is the Ugandan Foreign Minister’s relative), with gifts and promises of future benefits, including offering to let both officials share in the profits of a potential joint venture in Uganda involving the Energy Company and the officials’ family businesses." On January 27, after belatedly dropping CEFC from the UN Global Compact, Guterres in Addis Ababa met Museveni, with Kutesa himself in Addis as well. Museveni tweeted a photo and read out -- "Met UN Secretary General @antonioguterres on the sidelines of the 30th AU Ordinary Summit in Addis Ababa. We discussed regional peace, UN reforms and support for refugees." Meanwhile, consistent his declining transparency, Guterres did not issue any read out. Did the UN bribery scandal come up? Or get further covered up? As Inner City Press pursues this story and others, Guterres and his "Global Communicator" Alison Smale, seen January 26 in South Carolina praising a Chinese airline while mis-allocating funds meant for Kiswahili radio, keep Inner City Press more restricted in the UN than no-show state media. This is censorship for corruption. 
Inner City Press has covered the Ho / Gadio, Kutesa / Museveni case and repeatedly askedthe UN Spokesman why Secretary General Antonio Guterres has not even started an audit based on the indictment, including of how CEFC got its UN status and even remains in the UN Global Compact espousing anti-corruption goals. On January 16, Inner City Press put the question directly to Antonio Guterres, video here, UN transcript here, and below. Guterres said "I will look into it... We don't want the Compact to have companies that do not abide by the set of principles." But a week passed, and nothing. On January 24, Inner City Press asked again. And on January 25, Guterres' spokesman Stephane Dujarric announced, Matthew you've asked once or twice, the Global Compact has suspended China Energy Fund Committee (CEFC China Energy). But, Inner City Press notes, China Energy Fund Committee is *still* in special consultative status with UN ECOSOC. And there has been no audit of the other connections. We'll have more on this. From the UN's January 16 transcript: Q: Matthew Lee, Inner City Press, on behalf of the Free UN Coalition for Access, hoping for more question and answer in 2018, as you said. In November, there there was an indictment announced in Federal Court downtown of the head of an ECOSOC (Economic and Social Council)-accredited NGO for bribing, allegedly bribing, the President of the General Assembly, Sam Kutesa, to benefit the China Energy Fund Committee. And I wanted to ask you, that remains still in the Global Compact, and there hasn't been even an audit or anything created. Why haven't you started an audit in that case? Why is the beneficiary of what's described as bribery in the UN still in the Global Compact? And how do your reforms preclude or make impossible this type of bribery that's now happened twice under John Ashe, may he rest in peace, and under Sam Kutesa?  SG Guterres: "In relation to other cases, I would like to say that I'm not aware of presence in the Compact or whatever. I will have to look into it. I will look into it. What is clear for me is that we don't want the Compact to have companies that do not abide by the set of principles that were defined in the constitution of the Compact. There is a code of conduct that is there, and that should be respected. So, I don't know exactly what happened in the compact in that regard. I will look into that." We'll see. Ho's lawyers said in court filing he would be asking to be released on bail in connection with his arraignment on January 8, and his argument included that he is the head of "UN recognized" NGO similar, Ho's brief argued, to the American Bar Association, the Salvation Army and the World Jewish Congress.
But when Ho pleaded not guilty to the eight counts against him on January 8, his lawyers did not in fact pursue bail, and declined to comment after. (Sidewalk stakeout photo here, h/t) So, Ho remains in jail. His lawyers' filing, dated January 5, says Ho is "the leader of a non-governmental organization recognized by the United Nations....After leaving government service, Dr. Ho became the Deputy Chairman and Secretary General of the China Energy Fund Committee (“CEFC”), a Hong Kong based non governmental organization that has Special Consultative Status with the United Nations Economic and Social Council. Other organizations with Special Consultative Status include the American Bar Association, the Salvation Army, and the World Jewish Congress." The proposal was for Ho to be released on $10 million bond secured by $2 million in cash, into home detention in Manhattan with electronic monitoring. 
We'll have more on this - and this: continuing a trend of under-reporting the UN elements of the Ho / Gadio case, as they did the prior Ng Lap Seng case, Reuters "reports" that Sam Kutesa, who previously served as president of the U.N. General Assembly, has been Uganda’s foreign minister since 2015." Well, no. Kutesa remained foreign minister of Uganda WHILE he was President of the UN General Assembly; cursory research could have shown he began as foreign minister in 2005, not 2015. 

The initial complaint has been turned in a full-fledged indictment, signed by the foreperson, that Ho offered bribed to the presidents of Chad and Uganda, and the foreign minister of the latter, Sam Kutesa, who was President of the General Assembly, to benefit the Energy Company. And yet that benefited Energy Company - CEFC China Energy - remains in Antonio Guterres' UN Global Compact, and Guterres has yet to order even an audit. On December 20, before Guterres went on vacation until at least January 2, Inner City Press asked his spokesman Stephane Dujarric, UN transcript here: Inner City Press:  there's now been, by a grand jury in the Southern District of New York, a formal indictment brought back against Patrick Ho, and I wanted to read you… they say in it the… the… the… now a grand jury has given its imprimatur on the claim that the bribes paid… allegedly paid were to obtain business for the energy company, the energy company being CEFC, China Energy [Fund Committee], which remains a U… a member of the UN Global Compact.  I'm just wondering if there's any update… seems like the… it's not… maybe the distinction was between the NGO and the group, but if the bribes were paid specifically for the groups to get energy contracts… Spokesman:  I'm sure colleagues at Global Compact are following up. Inner City Press:  And is the Secretary-General any closer to… to ordering what would seem to be a pretty easy call to have an audit of how… of… of the UN's involvement in this and what it can learn from this? Spokesman:  As I said, when I have something to announce, I will share it with you." After January 2? Today's UN is corrupt. On December 1, Patrick Ho appeared in the Arraignment Part, Courtroom 5A at 500 Pearl Street in Lower Manhattan and applied for bail, which Gadio had gotten on November 27. But this time, following a Pre-Trial Services recommendation that bail be denied and Ho continue in detention, Ho was denied bail. At the UN, there are photos of Ho with the Secretary General, the Under Secretary General of DESA, and many others. There's more. On December 4, Inner City Press asked UN Spokesman Stephane Dujarric, Periscope video here (2d half), UN transcript here: Inner City Press: So on Friday in federal court, he was held over.  Bail was denied based on the seriousness of the charges.  Since then, you've… there's been some back and forth on why there's no audit.  But it appears that he was put onto something called the UN High Level Advisory Group on Sustainable Transport (see here), was a member of that.  I've seen an interview he did in the building with UN Radio about presenting a report, that report, I believe, in October 2016 to Ban Ki-moon.  So it seems like he had much greater UN penetration even than Ng Lap Seng did, which triggered an audit.  So I'm wondering, has the UN, whether audit or not, can it say how many times, for example, one issue that came up in the bail hearing was how many times he was in the US in 2017.  So have you… has the UN determined the extent of this now-indicted briber's contact inside the UN, and was he, in fact, on an UN High Level Advisory Group on Sustainable Transport? Spokesman:  "I will check on that.  If I have more to share, I will." This is called a cover up. Where does the US decided to cut off the prosecution? Inner City Press has submitted a Freedom of Information Act request, on which the government has at least for now denied expedited processing, stating only "Your request for Expedited Processing for the FOIA request EOUSA-2018-000784 has been denied. Expedited Disposition Reason: Does not meet standard." This is substantially less detailed that the reasoning, even on the disposition sheet, for Ho's denial of bail. We'll have more on this. During the December 1 hearing Prosecutor Daniel Richenthal said, Google the press coverage of this case and from Hong Kong you'll find articles saying it's political. Inner City Press has covered the case daily since November 20, and asked the UN Spokesman on each business day (it did a TV interview after the court decision, and Periscope video here) - but it is the UN connection which the UN tries to hide. Ho's lawyer said he's been to the US seven times this years. The prosecution said, five times. But how many times has Ho come into the UN? The UN keeps track of this. But will they disclose? Ho's defense lawyer, after a long oral decision against him, said he will appeal. Watch this site. Hhours before Patrick Ho's bail hearing, Inner City Press asked UN Spokesman Stephane Dujarric about Gadio's bail being paid, in part, by his spouse the UN's Resident Coordinator in Equatorial Guinea. Dujarric bristled that he hoped his spouse would pay his bail, but then when Inner City Press asked how Gadio got into the UN building for the bribe moves described in the indictment, whether it involved his wife's position as a senior UN official, Dujarric said it would be looked into. Really? Then why has Antonio Guterres not even commissioned an audit, as Ban Ki-moon did after the indictment of Ng Lap Seng? We'll have more on this. Inner City Press has zeroed in on a November 21 event, after the indictment, in which UN DESA used $1 million from CEFC. On November 30, after many rounds of questions from Inner City Press, UN Spokesman Stephane Dujarric answered that DESA has suspended work with CEFC pending the outcome of the U.S. case(s). Periscope here, video forthcoming. He could not, however, explain why the $1 million went out the door on November 21 nor why there is yet to be a UN audit. On November 21, Inner City Press had already asked about the indictment, and Antonio Guterres in a typical half-way measure canceled his photo op about the event, but the money was still used. Deputy SG Amina Mohammed never changed her schedule, but the UN now insists she did not speak. The UN also on November 29 declined to confirm to Inner City Press Patrick Ho's role on the steering board picking the winner of the UN DESA Energy Grant. But now even as of November 30 Ho is still listed and pictured on the UN DESA Energy Prize Steering Board, along with former UN official Warren Sach and current UNDP Administrator Achim Steiner, who refused to answer Inner City Press' questions about any post-John Ashe indictment reforms at UNDP ostensibly out of respect for the dead. Reform at the UN is a dead letter. We'll have more on this. After Inner City Press on November 29 asked the spokesman for the President of the General Assembly, this: "The Spokesperson was asked if the President had attended an award ceremony entitled “Powering the Future We Want/UN DESA Energy Grant” on 21 November.
The Spokesperson replied that the President had not attended or participated in any way." But it was still on his schedule as of noon on November 28. What happened? Who decided that backing away, but still taking the money, was OK? If the UN had a Freedom of Information Act, as it should, the answer would be easy. But we will get it nonetheless. Watch this site. UN Spokesman Stephane Dujarric on November 27 insisted to Inner City Press that the indictment does not involve enough UN links for oft-traveling Antonio Guterres to order any UN audit, as even Ban Ki-moon did after Ng Lap Seng was indicted; Guterres' DESA even went forward with $1 million from CEFC after the indictment. But beyond other obvious UN links, "CEFC China Energy Company Limited" is a member of the UN Global Compact, click here to view, on which Guterres cannot pass the buck to ECOSOC or to member states generally. CEFC China Energy is the 100% funder of its namesake CEFC of Patrick Ho; signing its UN Global Compact letter was Ye Jianming, who Sam Kutesa made a Special Honorary Adviser to the UN President of the General Assembly, press release and photo here.  When will Guterres' evasions end? Watch this site. Dujarric on November 27 also insisted to Inner City Press that the case does not involve any UN staff member, that no audit (even of the kind done under Ban Ki-moon of Ng Lap Seng's Sun Kian Ip Foundation) is needed. But beyond CEFC's money used by Guterres' UN on November 21, after the indictment, consider this: Gadio is being bailed out by the UN Resident Coordinator in Equatorial Guinea. What did this UN staff member know about what is alleged in the indictment, and when did she know it? Gadio, after having not gotten bailed out on November 22, appeared on November 27 before Federal Judge William Pauley, represented by Debevoise and Plimpton, and obtained conditions for bail. It was Debevoise and Plimpton's counsel who in seeking to get Gadio released made a point of saying that the other Doctor Gadio is a senior UN official, in Equatorial Guinea. Inner City Press now reports: the Resident Coordinator in Equatorial Guinea, and listed owner of 4210 Sugar Pine Court in Burtonsville, Maryland, 20866: Coumba Mar Gadio. So why did Dujarric say so insistently and rudely, this involves no UN staff member? There is more, but we'll start with this -- watch for the UN to try to hide behind family values, as it uses and pollutes the sustainable development goals to cover up the illegal export of natural resources. This is today's UN. Pre-hearing Periscope video here. In the courtroom on November 27 was Senegal's Consul General, who shook his head when the prosecution said that a "Chinese energy conglomate" -- CEFC -- or paradoxically Uganda might help Gadio flee. It emerged that Mrs. Gadio, also a co-signer on the bond and on a $700,000 bank account with Cheikh Gadio, works for the UN in a high position in Equatorial Guinea. Still the UN claims this case has nothing to do with it, and that there is nothing for it to audit. This, from the UN, is a cover up. Post-hearing Periscope here. Earlier on November 27, Inner City Press asked the spokesman of both UN Secretary General Antonio Guterres - whose DESA used $1 million from CEFC after the indictment - and of President of the General Assembly Miroslav Lajcak what has been done at the UN in the week after the indictment. Nothing, it seems. Guterres' spokesman Stephane Dujarric told Inner City Press that he did not read in the indictment anything for the UN to follow up on, contrary to the UN audit conducted under Dujarric's former boss Ban Ki-moon after the indictment of Ng Lap Seng. Lajcak spokesman Brenden Varma told Inner City Press to contact ECOSOC and so it has, with these questions: "Today the PGA spokesman Brenden Varma told me I can only asked ECOSOC. So here are Inner City Press' questions, on deadline: What vetting of CEFC was done before it gained the status is has with ECOSOC? What have been CEFC's activities and appearances with ECOSOC?  Following the indictment of Patrick Ho and the material in the indictment, what steps is the ECOSOC President or other listed on ESOSOC's contact page taking? On deadline." While Inner City Press was afterward told to also email one Paul Simon, this bounced back, slip-sliding away. The first went through, and ECOSOC is on notice, like Guterres and Deputy Amina J. Mohammed. Watch this site.