In April 2022, Roger Ng (a former Goldman Sachs managing director) was found guilty at trial in the E.D. of New York 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).
Ng was sentenced to ten years in prison and also ordered to forfeit $35.1 million.
Ng appealed his conviction to the Second Circuit.
His appeal was based on non-substantive FCPA issues.
As stated in the Second Circuit’s opinion: “On appeal, [Ng] contends principally that the district court erred in excluding from evidence a recording that was material to his defense; that the government breached an agreement pursuant to which he had waived extradition from Malaysia; that venue in the Eastern District of New York was improper; and that the forfeiture order constituted an excessive fine, violating the Eighth Amendment to the Constitution.”
The Second Circuit found all of Ng’s assertions to be without merit and affirmed the convictions including the order of forfeiture.
