Case Detail

United States v. Juan Diaz (S.D. Fla. 2009)

Case Details

  • Case Name
  • United States v. Juan Diaz (S.D. Fla. 2009)
  • Date Filed
  • 04/22/2009
  • Enforcement Agency
  • DOJ
  • Countries
  • Haiti
  • Foreign Official
  • Then-Director of International Relations and then-Director General of Telecommunications D’Haiti, the state-owned telecommunications company.
  • Date of Conduct
  • 2001 to 2003
  • Nature of Business
  • Three Miami-Dade County telecommunications companies executed a series of contracts with Telecommunications D’Haiti that allowed the companies’ customers to place telephone calls to Haiti.  Juan Diaz, a U.S. citizen, owned a shell company used by the Miami-Dade County telecommunications companies to make payments to government officials in Haiti.  
  • Influence to be Obtained
  • Diaz and a co-conspirator, Antonio Perez, a former controller for one of the Miami-Dade County telecommunications companies, admitted they conspired with the Miami-Dade County companies to make “side payments” through a shell company, owned by Diaz, to the then-Director of International Relations and the then-Director General of Telecommunications D’Haiti from 2001 to 2003.  In exchange, the foreign officials are alleged to have conferred business advantages on the Miami-Dade County companies, including issuing preferred telecommunications rates, reducing the number of minutes for which payment was owed, and giving a variety of credits to owed sums.  Diaz helped conceal the payments by writing in nonexistent invoice numbers in the memo section of checks.
  • Enforcement
  • On April 22, 2009, the DOJ filed a one-count indictment against Diaz.  On May 15, 2009, Diaz pleaded guilty to conspiring to violate the FCPA’s anti-bribery provision and to commit money laundering.  On July 30, 2010, Diaz was sentenced to 57 months in prison and ordered to pay $73,824 in restitution.  Diaz also forfeited his right, title, and interest in assets totaling $1,028,852.
     
    On January 24, 2011, Diaz’s co-conspirator, Antonio Perez, was sentenced to 24 months in prison and 2 years of supervised release.  He was ordered to pay $36,375, representing the amount of the proceeds of the conspiracy traceable to Perez’s personal account. 
     
    On December 4, 2009, three executives of the Miami-Dade County companies allegedly involved in the scheme and two Haitian officials were indicted on related charges.  On July 13, 2011, a superseding indictment was filed against one of the companies allegedly involved, two of the company’s executives, and an additional Haitian official.  On January 19, 2012, a second superseding indictment was filed, naming one additional defendant (another executive of the company, who was the wife of the company’s CEO).  Two executives have been convicted so far, with one sentenced to 15 years in prison, the longest sentence ever imposed in a case involving violations of the FCPA.  Both are appealing their convictions.  One of the officials has pleaded guilty, and was sentenced to 12 months in prison.  Another official was convicted on all counts, and he was sentenced to 108 months imprisonment and three years’ supervised release.  He is appealing his sentence.  
    The DOJ acknowledged the substantial assistance of Haitian authorities in the investigation.  
     
  • Amount of the Value
  • Diaz kept $73,824 as commissions and paid $955,028 in bribes to two Haitian officials.
  • Amount of Business Related to Payment
  • Not Stated
  • Intermediary
  • Shell Company
  • Total Sanction
  • $ 73,824
  • Compliance Monitor
  • No
  • Reporting Requirements
  • No
  • Case is Pending?
  • No

Defendants

Juan Diaz 

  • Citation
  • United States v. Diaz, No. 1:09-cr-20346 (S.D. Fla. 2009).
  • Date Filed
  • 04/22/2009
  • Filed Under Seal
  • No
  • FCPA Statutory Provision
    • Conspiracy: Anti-Bribery
  • Other Statutory Provision
  • Conspiracy (Money Laundering).
  • Disposition
  • Plea Agreement
  • Defendant Jurisdictional Basis
  • Domestic Concern
  • Defendant's Citizenship
  • United States
  • Individual Sanction
  • 20-Months Imprisonment; $73,824 in Restitution.
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