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Yan Sentenced To 3.5 Years For Marshall Islands Bribery Scheme

Yan

As highlighted in this prior post, in September 2022 the DOJ announced that two Marshall Island nationals (Cary Yan and Gina Zhou) arrived in the U.S. after being extradited from Thailand based on 2020 criminal charges that the individuals violated the Foreign Corrupt Practices Act (and other laws) in connection with an alleged scheme to bribe elected officials in the Republic of the Marshall Islands (RMI) in exchange for passing certain legislation.

According to the indictment, Yan and Zhou acted as officers, directors, employees, and agents of a New York City based non-governmental organization (World Organization of Governance & Competitiveness (WOGC)) and, while in New York City and other locations in U.S. territory, to offer and pay bribes to government officials in the RMI to pass certain legislation  that would benefit the business interests of Yan, Zhou and their associates. Specifically, to establish a semi-autonomous region within a region of the RMI known as the Rongelap Atoll.

In December 2022, Yan and Zhou pleaded guilty to one count of conspiracy to violate the FCPA’s anti-bribery provisions. (See here).

Yesterday, the DOJ announced that Yan was sentenced to 3.5 years in prison.

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Ng Ordered To Forfeit $35.1 Million

RogerNg

In April 2022, Roger Ng (a former Goldman Sachs managing director) was found guilty at trial of Foreign Corrupt Practices Act and related charges for paying bribes to various Malaysian and Abu Dhabi officials in connection with Malaysia’s state-owned and state-controlled investment development company. See here.

Earlier this month, Judge Margo Brodie (E.D.N.Y.) sentenced Ng to 10 years in prison. (See here for the DOJ release). The ten year sentence for FCPA (and related crimes) is among the longest in FCPA history.

Last week, Judge Brodie also ordered Ng to forfeit $35.1 million (see here for the order).

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Ng Sentenced To 10 Years In Prison

RogerNg

In April 2022, Roger Ng (a former Goldman Sachs managing director) was found guilty at trial of Foreign Corrupt Practices Act and related charges for paying bribes to various Malaysian and Abu Dhabi officials in connection with Malaysia’s state-owned and state-controlled investment development company. See here.

As highlighted in this recent post, Ng sought a “time served” sentence while detailing his “tremendous suffering, all of it imposed by the U.S. government” over the last 4.5 years.

As highlighted in this recent post, the DOJ sought a 15 year sentence for Ng.

Yesterday, Judge Margo Brodie (E.D.N.Y.) sentenced Ng to 10 years in prison. (See here for the DOJ release). The ten year sentence for FCPA (and related crimes) is among the longest in FCPA history.

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DOJ Seeks A 15 Year Sentence For Ng

Prison

As highlighted in this recent post, former Goldman Sachs managing director Roger Ng (found guilty at trial in 2022 of FCPA and related charges for paying bribes to various Malaysian and Abu Dhabi officials in connection with Malaysia’s state-owned and state-controlled investment development company) is seeking a “time served” sentence.

Sentencing is set for later this week and Judge Margo Brodie (E.D.N.Y.) will have quite the range to ponder as the DOJ is seeking a 15 year sentence for Ng.

A recent sentencing submission states in summary fashion:

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In Requesting Time Served, Ng Details His “Tremendous Suffering, All Of It Imposed By The U.S. Government” Over the Last 4.5 Years

RogerNg

As highlighted here, in November 2018 the DOJ announced criminal Foreign Corrupt Practices Act (and related charges) against individuals associated with Goldman Sachs – including Roger Ng (a former managing director at Goldman Sachs) – for paying bribes to various Malaysian and Abu Dhabi officials in connection with 1Malaysia Development Berhad (1MDB), Malaysia’s state-owned and state-controlled investment development company. The individuals were also charged with conspiring to launder billions of dollars embezzled from 1MDB.

In April 2022, Ng was found guilty at trial of FCPA and related charges.

With sentencing looming, Ng’s counsel stated, in summary fashion, as follows in a recent sentencing memorandum.

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