United States v. Ho, No. 19-761 (2d Cir. 2020)Annotate this Case
The Second Circuit affirmed defendant's conviction for conspiracy to violate the Foreign Corrupt Practices Act (FCPA), conspiracy to commit money laundering, substantive money laundering, and violations of the FCPA. Defendant, as an officer or director of a U.S.- based organization, paid bribes on behalf of a Chinese company to the leaders of Chad and Uganda in exchange for commercial advantages.
The court held that the evidence was insufficient to support defendant's FCPA conviction under 15 U.S.C. 78dd-2; defendant offers no basis to disturb his money laundering convictions where a violation of section 78dd-3 is sufficient to establish specified unlawful activity under the money laundering statute, and a wire that passes through the United States can be covered by 18 U.S.C. 1956(a)(2)(A); defendant's evidentiary challenges are without merit; and the indictment properly charged defendant under different sections of the FCPA.