Case Detail

United States v. Antonio Perez (S.D. Fla. 2009)

Case Details

  • Case Name
  • United States v. Antonio Perez (S.D. Fla. 2009)
  • Date Filed
  • 04/22/2009
  • Enforcement Agency
  • DOJ
  • Countries
  • Haiti
  • Foreign Official
  • Then-Director of International Relations 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.  Antonio Perez, a U.S. citizen, was a controller for Telecom Consulting Services Corp., one of the Miami-Dade County telecommunications companies.
  • Influence to be Obtained
  • Perez and a co-conspirator, Juan Diaz, admitted they conspired with the three Miami-Dade County companies to make “side payments” through a shell company owned by Diaz to the then-Director of International Relations at 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.  Perez admitted that from November 2001 through January 2002, he offered to pay and assisted with the processing of the “side payments” to the then-Director of International Relations for Telecommunications D’Haiti and that he helped conceal the payments through the use of a shell company and by recording the payments as “consulting services.”
  • Enforcement
  • On April 22, 2009, the DOJ filed a one-count indictment against Perez.  On April 27, 2009, Perez pleaded guilty to conspiring to violate the FCPA’s anti-bribery provision and to commit money laundering.  On January 24, 2011, Perez was sentenced to 24 months in prison and 2 years of supervised release.  He also agreed to forfeit $36,375, which is the amount of the proceeds traceable to his personal conduct.  Later, on December 28, 2011, Perez’s sentence was reduced to 10 months imprisonment.
     
    On May 15, 2009, Perez’s co-conspirator 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 (later amended to 20 months in prison). 
     
    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 of supervised release.  He is appealing his sentence.  The DOJ acknowledged the substantial assistance of Haitian authorities in the investigation.
     
  • Amount of the Value
  • During the course of the conspiracy, Perez’s employer paid approximately $674,193 in bribes to former Haitian government officials; Perez personally assisted in making $36,375 in side payments.
  • Amount of Business Related to Payment
  • Not Stated
  • Intermediary
  • Shell Company
  • Total Sanction
  • $ 36,375
  • Compliance Monitor
  • No
  • Reporting Requirements
  • No
  • Case is Pending?
  • No

Defendants

Antonio Perez 

  • Citation
  • United States v. Perez, No. 1:09-cr-20347 (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
  • 10-Months Imprisonment; Forfeiture of $36,375.
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