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Enforcement Action Dataset

 

Initiation Date:    01/28/2009  Information

Prosecuting Agency:    US Department of Justice

Name of Prosecuting Attorneys:   

  • Thomas P. O'Brien, United States Attorney
  • Christine C. Ewell, Assistant United States Attorney, Chief, Criminal Division
  • Douglas A. Axel, Assistant United States Attorney, Chief, Major Frauds Section, Criminal Division
  • Jill T. Feeney, Assistant United States Attorney, Deputy Chief, Major Frauds Section, Criminal Division
  • Bruce H. Searby, Assistant United States Attorney, Major Frauds Section
  • Steven A. Tyrrell, Acting Chief, Fraud Section, Criminal Division
  • Mark F. Mendelsohn, Deputy Chief, Fraud Section, Criminal Division
  • Jonathan E. Lopez, Senior Trial Attorney, Fraud Section, Criminal Division

Assisting Agencies:    Thai Attorney General's Office , Thai National Anti-Corruption Commission (NACC)

Type of Action:    DOJ Criminal Proceeding

Docket or Case Number:    09-cr-00081

Court:    C.D. California

Origin of the Proceeding:    Unknown

Whistleblower:    Unknown

Case Status:    Resolved


Summary  Information

Juthamas Siriwan, aka "the Governor," was the senior government officer of the Tourism Authority of Thailand ("TAT") from about 2002 until about 2006.

Jittisopa Siriwan, aka "Jib," was a Thai citizen and the daughter of Juthumas. In about 2004, Jittisopa was also an employee of the Thailand Privilege Card Co., Ltd. ("TPC"), which was controlled by TAT.

According to the allegations in the indictment, from about 2002 to about 2007, Gerald Green and Patricia Green, through several of their "Green Businesses," which comprised several incorporated and unincorporated companies owned and controlled by them, received at least $14,000,000 of in contracts with TAT and TPC. During that same time period, G. Green and P. Green made payments of at least $1,800,000 from the bank accounts of the Green Businesses to bank accounts held in the name of either Jib or a friend of Juthamas at banks in Singapore, the United Kingdom, and the Isle of Jersey, all for the benefit of Juthamas.

On January 28, 2009, the DOJ filed a nine count Indictment in the Central District of California against Juthamas and Jittisopa alleging (1) conspiracy to commit money laundering and (2-9) money laundering and aiding and abetting money laundering. The federal judge overseeing the case stayed proceedings several times pending an expected indictment in Thailand against Juthamas Siriwan for the same underlying conduct.

In November 2014, the Office of the Attorney General of Thailand and the head of Thailand's National Anti-Corruption Commission (NACC) announced that they had indicted Juthamas Siriwan over allegations that she accepted bribes in connection with the Bangkok Film Festival.

On January 3, 2019, the DOJ moved to dismiss the case because the Thai government had convicted both Siriwans of criminal charges based substantially on the same allegations made in the indictment in this case. Juthumas was sentenced to 50 years in Thailand, and Jittisopa was sentenced to 46 years. Both sentences exceeded the anticipated sentencing guidelines ranges for either defendant if they had been convicted in the U.S. On january 4, 2019, the court granted the motion, and the case was dismissed without prejudice.

Country(ies) involved:    Thailand

Region(s) involved:    Asia-Pacific

Sanction to Bribe Ratio:    Not Applicable

Sanction to Revenue Ratio:    Not Applicable

Sanction to Profit Ratio:    Not Applicable

FCPA Matter Name:   The Greens' Involvement in Thailand from 2002 to 2007 Information

Number of Related Enforcement Actions (Including This Enforcement Action):    2

Country(ies) involved:    Thailand

Region(s) involved:    Asia-Pacific

Total $ Bribery Payments:    $1,800,000

Total $ Revenue Generated from Bribery:    $14,000,000

Total $ Profit Earned or Expenses Avoided from Bribery:    Unknown

Total $ Monetary Sanctions (U.S. Sanctions Only):    $1,303,065

Sanction to Bribe Ratio:    $1,303,065 / $1,800,000 = (72.39 %)

Sanction to Revenue Ratio:    $1,303,065 / $14,000,000 = (9.31 %)

Sanction to Profit Ratio:    Not Applicable

Name:    Juthamas Siriwan

Employers & Positions:    - Foreign Official

Country:    Thailand

FCPA Claims:    None

Related Claims:    Conspiracy to Launder Money (18 U.S.C. §§ 1956, 1957) ; Money Laundering (18 U.S.C. § 1956) ; Aiding and Abetting/Causing Money Laundering (18 U.S.C. § 2; 18 U.S.C. §§ 1956, 1957) ; Criminal Forfeiture (18 U.S.C. § 982) ; Criminal Forfeiture (28 U.S.C. § 2461; 18 U.S.C. § 981) ; Criminal Forfeiture (21 U.S.C. § 853)

Statutory Basis for FCPA Jurisdiction:    Not Applicable


Name:    Jittisopa Siriwan

Employers & Positions:    - Daughter of foreign official

Country:    Thailand

FCPA Claims:    None

Related Claims:    Conspiracy to Launder Money (18 U.S.C. §§ 1956, 1957) ; Money Laundering (18 U.S.C. § 1956) ; Aiding and Abetting/Causing Money Laundering (18 U.S.C. § 2; 18 U.S.C. §§ 1956, 1957) ; Criminal Forfeiture (18 U.S.C. § 982) ; Criminal Forfeiture (28 U.S.C. § 2461; 18 U.S.C. § 981) ; Criminal Forfeiture (21 U.S.C. § 853)

Statutory Basis for FCPA Jurisdiction:    Not Applicable

Period of Bribery:   2002 - 2007

Total Bribery Payments:    $1,800,000

Total Revenue Generated from Bribery:    $14,000,000

Total Profit Earned or Expenses Avoided from Bribery:    Unknown

Country(ies) involved:    Thailand

Region(s) involved:    Asia-Pacific

Officials Potentially Influenced (Name; Title; Organization): 

  • Juthamas Siriwan; Senior government officer; Tourism Authority of Thailand

Affiliates, Subsidiaries and Joint Ventures Involved in the Misconduct:    None/Unknown

Third-Party Intermediary:   

  • Festival of Festivals , Shell Company
  • Film Festival Management, Inc. , Shell Company
  • Flying Pen, Inc. , Shell Company
  • International Fashion Consultant, Inc. , Shell Company
  • SASO Entertainment , Shell Company

Type of Bribe:   Money

Cash, Wire or Check:    Wire Transfer

Purpose of Bribe:    Obtain/retain business

TRANSACTION OVERVIEW
Payments in Thailand

Period of Bribery:   2002 – 2007

Total Bribery Payments:    $1,800,000

Total Revenue Generated from Bribery:    $14,000,000

Total Profit Earned or Expenses Avoided from Bribery:    Unknown

Country(ies) involved:    Thailand

Region(s) involved:    Asia-Pacific

Officials Potentially Influenced (Name; Title; Organization):  

  • Juthamas Siriwan; Senior government officer; Tourism Authority of Thailand;

Affiliates, Subsidiaries and Joint Ventures Involved in the Misconduct:    None/Unknown

Third Party Intermediary:    Festival of Festivals - Shell Company
Film Festival Management, Inc. - Shell Company
Flying Pen, Inc. - Shell Company
International Fashion Consultant, Inc. - Shell Company
SASO Entertainment - Shell Company

Type of Bribe:   Money

Cash, Wire or Check:    Wire Transfer

Purpose of Bribe:    Obtain/retain business

Not Applicable

Mitigating Factors Referenced by the Government (Individual Defendants):

Defendant Cooperation
Jittisopa Siriwan  
Juthamas Siriwan  

Aggravating Factors Referenced by the Government (Individual Defendants):

Defendant Insufficient Cooperation
Jittisopa Siriwan  
Juthamas Siriwan  

Total Monetary Sanctions for the Action:    $0

Case Status:    Resolved


Disposition:    Dismissal without Prejudice (Pre-Trial)

Date of Disposition:    01/06/2019

Juthamas Siriwan

—  Total Monetary Sanctions for Defendant:    $0

—  Imprisonment/Incarceration:    None

—  Probation/Supervised Release:    None

—  House Arrest:    None

—  Community Service:    None


Jittisopa Siriwan

—  Total Monetary Sanctions for Defendant:    $0

—  Imprisonment/Incarceration:    None

—  Probation/Supervised Release:    None

—  House Arrest:    None

—  Community Service:    None

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