The Grass is Greener

While Americans Patricia Green (55) and her husband Gerald Green (78) will start serving their six month jail sentence in November, having been found guilty last Thursday of paying US$1.8 million in bribes, the alleged recipient of the bribe goes unpunished. The case is the first of its kind to hit the US entertainment industry and also highlights the trend of prosecuting individuals under the Foreign Corrupt Practices Act (FCPA) .

The FCPA case was prosecuted in the US where the couple will serve six months in prison in addition to a further six months home detention, convicted on charges of conspiracy, violating anti-corruption laws and money laundering. The Greens will also need to pay US$250,000 restitution. The bribe was allegedly paid to the former chief of Thailand's Tourism Authority, Juthamas Siriwan, to secure the right to manage Bangkok's International Film Festival. Although the US Department of Justice was seeking a more lengthy prison term, the judge was lenient given the poor health of Gerald Green. Assistant Attorney General Breuer said "The FCPA is a powerful tool that the Department will continue to use in an effort to stop individuals like the Greens who seek to further their own business interests through bribes paid to foreign officials."

The US case outlined the way in which the illicit payments were structured using shell companies and bank accounts in Singapore, Jersey and the UK. The accounts were set up in the names of Juthamas Siriwan’s daughter, Jittisopa Siriwan and in the name of one of Juthamas’ friends. The payments were disguised as ‘sales commissions’.

Meanwhile, the alleged recipient of the bribes, Juthamas Siriwan, has now disappeared and the case in Thailand seems to have stalled with the National Anti-Corruption Commission (NACC), the Attorney General and the Foreign Ministry all stating that they are waiting for developments in the US before proceeding with the domestic case. Although the NACC has completed its investigation, it is now examining a statement submitted by Mrs Juthamas defending herself against the charges. Despite both Juthamas and her daughter being indicted in the US case, it is uncertain if an extradition order will take place.

In a country where bribes and illicit payments grease the wheels of the economy, many are disturbed to see the contrast between the US action and the slow moving behemoth of Thai bureaucracy. It remains to be seen how the Thai courts will deal with Juthamas and her daughter.

• Show All Hot Topics

Member Comments

Sign in or join the community and be the first to leave a comment!