CEFC China Energy Company Limited was a private Chinese conglomerate with international interests in the oil and gas and finance industries.
China Energy Fund Committee was a non-profit non-governmental organization (NGO) with offices in Hong Kong and Virginia. The NGO held “Special Consultative Status” with the United Nations (UN) Economic and Social Council and was funded by CEFC.
Chi Ping Patrick Ho was the Deputy Chairman and Secretary-General of China Energy Fund Committee.
Cheikh Gadio was the former Foreign Minister of Senegal and operated an international consulting firm.
According to the allegations in the complaint, Ho, with Gadio’s assistance, caused the CEFC to offer a $2 million bribe to the President of Chad in exchange for an exclusive opportunity to obtain oil rights in Chad without facing international competition. Gadio allegedly connected Ho with the President of Chad and conveyed the $2 million bribe offer to the President, in exchange for which Ho paid Gadio $400,000. Additionally, Ho caused a $500,000 bribe to be paid to an account designated by the Minister of Foreign Affairs of Uganda and provided him and the President of Uganda with gifts and promises of future benefits including the profits of a potential joint venture in Uganda involving CEFC and businesses owned by the Ugandan officials. These payments and promises were allegedly made in exchange for assistance from the Ugandan Foreign Minister in obtaining business advantages for CEFC, including the potential acquisition of a Ugandan bank.
On November 16, an eight count complaint was filed in the Southern District of New York against Ho and Gadio alleging conspiracy to violate the anti-bribery provisions of the FCPA, direct violations of the anti-bribery provisions of the FCPA, conspiracy to commit money laundering, and direct money laundering violations.
On December 18, 2017, the DOJ filed an indictment against Ho alleging the same eight counts.
On January 8, 2018, Ho pled not guilty to the charges.
On September 14, 2018, the court dismissed the complaint against Gadio.
On December 5, 2018, a jury convicted Ho on all but one count.
On March 25, 2019, the court sentenced Ho to 3 years in prison and ordered him to pay a fine of $400,000 plus a mandatory assessment of $700.
On March 27, 2019, Ho notified the court that he was appealing his conviction to the Second Circuit Court of Appeals. The appeal was argued on March 11, 2020, and on December 29, 2020, the Second Circuit affirmed the district court's judgment.
