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.
According to this article, “in a statement to the court, Ng told Judge Brodie he deeply regrets how this matter has affected others. He said his family in Malaysia has been ostracized by some members of their own community. “I’m embarrassed, I’m ashamed that I failed them and burdened them,” Ng said.”
In the article, Ng’s counsel stated: “It’s been an incredibly difficult five years for him. I think the judge acknowledged our arguments, and she came out where she came out. We do plan to appeal.”
In the DOJ release, Assistant Attorney General Kenneth A. Polite (DOJ Criminal Division) stated:
“Roger Ng was sentenced for his role in a massive and egregious bribery and money laundering scheme involving the bribery of high-level foreign officials in Malaysia and the United Arab Emirates and theft of billions of dollars meant to benefit the Malaysian people. The Justice Department remains firmly committed to holding accountable individuals who engage in corruption, undermine the rule of law, and abuse our financial system to launder their illicit funds. This sentence sends a strong message to criminals around the world: if you violate our laws, we will bring you to justice.”
U.S. Attorney Breon Peace for the Eastern District of New York stated:
“Roger Ng was a central player in a brazen and audacious scheme that not only victimized the people of Malaysia, but also undermined the public’s confidence in governments, markets, businesses and other institutions on a global scale. [This] sentence serves as a just punishment for the defendant’s crimes and a stern warning that there is a significant price to pay for corporate corruption.”
Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division stated:
“This sentencing sends a strong message that those who abuse the U.S. financial system for their own gain will be held accountable. The FBI and our domestic and international partners remain committed to combating international corruption and will continue to investigate and pursue those who perpetrate complex criminal schemes for profit.”
Special Agent in Charge Tyler Hatcher for the IRS Criminal Investigation stated:
“The 1MDB case and the sentencing of Mr. Ng highlight IRS Criminal Investigation’s enforcement efforts to abolish international bribery schemes. U.S. financial institutions have safeguards in place to combat these frauds and Mr. Ng intentionally circumvented these safeguards. This sentence is a testament to what happens when you break U.S. laws to bribe international government officials. This case represents a model for domestic and international cooperation in significant cross-border money laundering investigations and we are proud of our domestic and international law enforcement partners in this complex financial investigation.”