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Has the Film Festival Graft Case Miraculously Disappeared?

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Guest fountainhall
Posted

We all know that the wheels of Thai Justice can move swiftly (look at the speed at which alleged murderers are executed within months of being arrested) or, more often, at a mind-numbing snail’s pace. An example of the latter is the case that came to light more than five years ago against the former Governor of the Tourism Authority of Thailand.

 

Whilst in that position, Khun Jutamas Siriwan decided that Thailand needed a major Film Festival. After some wheeling and dealing, she handed the contract to organize the event to a couple of Hollywood film producers, Gerald Green and his wife Patricia – a contract worth approx. US$10 million.

 

The Greens ran the Festival from 2003 to 2006 with varying degrees of success. They then became amongst the first people in the entertainment industry found guilty of conspiracy to violate the Foreign Corrupt Practices Act – specifically eight (some accounts state nine) violations of the FCPA and seven acts of money laundering. In addition, Patricia Green was found guilty of two counts of submitting a false U.S. tax return. Their crime – they had paid US$1.8 million in brides to Jutamas partly in cash and partly into bank accounts she controlled.

 

According to a press release from the US Department of Justice –

 

The complaint alleges that from 2003 and continuing into 2007, the Greens conspired with others to bribe a senior Thai government official who was, at the time, the president of the BKKIFF and the governor of the TAT. As a result of her position at the TAT, the Governor was able to influence the awarding of the BKKIFF contracts as well as other TAT contracts. More than $1.7 million in payments were allegedly made for the benefit of the Governor.

 

Charged in 2007, two years later the Greens were sent to jail for 6 months, ordered to serve 6 months’ home detention and pay back $250,000. And Khun Jutamas reaction? She announced she would sue the US government and the FBI for falsely accusing her and damaging her reputation! I’ll bet that had Washington worried!

 

Still Thailand did not take action. Only about nine months later did the National Anti-Corruption Commission rule that the allegations again the former Governor were grounds to warrant legal action for breaking two criminal laws. It summoned Jutamas to meet them. She refused, and has never done so. Apparently this means the NACC has no authority to launch its own investigation. Only if the NACC can find her guilty can it sumbit the case to the Office of the Attorney General which could then file charges. The idiocy of the system was pointed out in an article in The Nation on 15 August 2010 –

 

Agencies involved - the National Counter Corruption Commission, the Attorney General's Office as well as the Foreign Ministry - all seem to have no clue on how to proceed properly. When asked if she had to be extradited, they cited the unfinished domestic case, but when asked why the domestic case was going on forever, they said they were waiting for developments in the United States.

 

http://www.nationmul...l-30135873.html

 

According to the US Court records, payments were made to the Governor via three of her accounts in Singapore, the UK and the island of Jersey, some in the name of her daughter. And what more did Thailand do? As far as I can find out – precisely nothing! Whilst the Greens have long since served their jail terms, Jutamas has been entirely free to do as she pleases. So much so that the US is getting more than somewhat peeved. In early August this year, US prosecutors said that Thailand had not responded to the US request to bring Jutamas and her daughter to the US to face corruption charges. If found guily, both ladies could face up to 20 years in a US prison.

 

And there the trail seems to end. At least I can find no more detail on the internet. No doubt Jutamas has friends in high places. Indeed, more than one blogger has brought up her connections to Thaksin Shinawatra (she was appointed during his first tenure as Prime Minister). And the National Anti-Corruption Commission is as toothless as it has always been.

 

However, the end of this saga was predicted by an earlier article in The Nation in August 2009 –

 

If Jutamas is found guilty and punished, it will be among Thailand's rare successful prosecutions of senior officials or former senior officials. In fact, cases have scarcely reached the prosecution stage if they involve high-ranking personnel in this country. If they do, it takes so long to wrap up that future or potential offenders are more likely to be encouraged than dispirited.

 

http://www.nationmul...on_30109738.php

 

So, it's clearly business as usual in Thailand! Corruption pays!

 

Background

http://blog.nationmu...int.php?id=2288

http://latimesblogs....ibery-case.html

http://www.bangkokpo...amas-extradited

Posted

Yes, rather frustrating. Even when Thailand is handed an air-tight prosecution case on a silver platter, they seem to not do anything about it. One wonders whether they care at all; however, I happen to believe that nothing happens in cases like this because of "connections."

 

But there have been many other, much more serious cases (one, for example, involving the sexual exploitation of over 70 Thai children as young as 8, that they do nothing about even when another country furnishes them their entire case file. Rather disgusting, really.

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