United States v. Chi Ping Patrick Ho, a/k/a “Patrick C.P. Ho,” and Cheikh Gadio (S.D.N.Y. 2017)

• Case Name
• United States v. Chi Ping Patrick Ho, a/k/a “Patrick C.P. Ho,” and Cheikh Gadio (S.D.N.Y. 2017)

• Date Filed
• 11/16/2017

• Enforcement Agency
• DOJ

• Countries
• Chad, Uganda

• Foreign Official
• President of Chad; Foreign Minister of Uganda; President of Uganda. 

• Date of Conduct
• 2014 to 2017

• Nature of Business
• Chi Ping Patrick Ho (“Ho”, also known as Patrick C.P. Ho), of Hong Kong, China, was the head of an unnamed non-governmental organization (“Energy NGO”) based in Hong Kong and Virginia which was funded by an unnamed Chinese energy conglomerate (“Energy Company”).  Cheikh Gadio, of Senegal and a lawful permanent resident of the United States, was the former Minister of Foreign Affairs of Senegal and the chief executive of a Senegalese consulting firm.

• Influence to be Obtained
• According to the complaint, Ho participated in two schemes to bribe foreign officials in two African countries for the purpose of obtaining business advantages for the Energy Company.  Gadio, who met Ho at the United Nations in New York, allegedly participated in the first scheme.
  
  Chad
  In the first alleged scheme, Ho allegedly caused the Energy Company to promise a $2 million donation to the President of Chad.  The complaint alleges that this donation was in reality a bribe made to help the Energy Company secure oil rights in Chad.  Gadio allegedly connected Ho with the President of Chad and delivered the pledge to the President.  As compensation, Gadio allegedly received $400,000 in payments sent through a bank in New York. 
  
  Uganda
  In the second alleged scheme, Ho allegedly caused the Energy Company to wire a $500,000 donation through a New York bank to the Foreign Minister of Uganda.  According to the complaint, Ho had met the Foreign Minister at the UN when the Foreign Minister was serving as the President of the UN General Assembly.  The $500,000 donation was, according to the complaint, actually a bribe made to help the Energy Company obtain various projects in Uganda.  Ho also allegedly provided gifts and promises of future benefits to the Foreign Minister and to the President of Uganda to help the Energy Company secure other business advantages in Uganda.

• Enforcement

• Ho was arrested on November 20, 2017, and was found guilty by jury trial on December 5, 2018.  Ho was convicted on seven counts: one count of conspiring to violate the FCPA, four counts of violating the FCPA, one count of conspiring to commit international money laundering, and one count of committing international money laundering.  Ho was acquitted on an additional eighth count of money laundering.  He was sentenced to three years’ imprisonment and ordered to pay a criminal monetary penalty of $400,000.
  
  Gadio was arrested in New York on November 17, 2017 and appeared in court on November 18, 2017.  Gadio was charged with conspiracy to violate the FCPA, two counts of violating the FCPA, conspiracy to commit money laundering, and one count of money laundering.  On September 14, 2018, the Government voluntarily dismissed the complaint against Gadio without explanation.

• Amount of the Value
• $2.5 million.

• Amount of Business Related to Payment
• Not Stated

• Intermediary
• Agent. 

• Citizenship of Parent Entity
• Hong Kong

• Compliance Monitor
• No

• Reporting Requirements
• No

• Case is Pending?
• Yes

• Industries
• Energy

• Regions
• Sub-saharan Africa

Chi Ping Patrick Ho, a/k/a “Patrick C.P. Ho,”

• Citation
• United States v. Ho and Gadio, 17-MAG-8611 (S.D.N.Y. 2017).

• Date Filed
• 11/16/2017

• Filed Under Seal
• Yes

• Date Case Was Unsealed
• 11/20/2017
  

• FCPA Statutory Provision
• • Anti-Bribery
  • Conspiracy: Anti-Bribery

• Other Statutory Provision
• Conspiracy (Money Laundering); Money Laundering.

• Disposition
• Convicted

• Defendant Jurisdictional Basis
• Domestic Concern, Territorial Jurisdiction, Conspiracy

• Individual Sanction

Cheikh Gadio

• Citation
• United States v. Ho and Gadio, 17-MAG-8611 (S.D.N.Y. 2017).

• Date Filed
• 11/26/2017

• Filed Under Seal
• Yes

• Date Case Was Unsealed
• 11/20/2017
  

• FCPA Statutory Provision
• • Anti-Bribery
  • Conspiracy: Anti-Bribery

• Other Statutory Provision
• Conspiracy (Money Laundering);Money Laundering.

• Disposition
• Charges Dismissed

• Defendant Jurisdictional Basis
• Domestic Concern, Territorial Jurisdiction, Conspiracy

• Individual Sanction
• None.