Case 24 Filed 12/18/17 Page 1 of 18


UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK 

- 
UNITED STATES OF AMERICA INDICTMENT
17 Cr. 

CHI PING PATRICK HO,

a/k/a ?Patrick C.P. Ho,? 9 
a/k/a ?He Zhiping,? a ?22 03m

 

Defendant. 
11 
- - - - FILED
11:35:: 
l. 
COUNT ONE DEFI- I 

(Conspiracy to Violate the Foreign Corrupt Practices Act)
The Grand Jury charges:
1. From at least in or about the fall of 2014, up to and

d?EIuding in or about January 2017, in the Southern District of

V.


New York and elsewhere, CHI PING PATRICK HO, a/k/a ?Patrick C.P.
Ho,? a/k/a ?He Zhiping,? the defendant, and others known and
unknown, willfully and knowingly did combine, conspire,
confederate, and agree together and with each other to commit
offenses against the United States, to wit, to violate Title 15,
United States Code, Sections 78dd?2 and 78dd?3.

2. It was a part and an object of the conspiracy that CHI
PING PATRICK HO, a/k/a ?Patrick C.P. a/k/a ?He Zhiping,?
the defendant, and others known and unknown, being a domestic

concern and an officer, director, employee, and agent of a

JUDGE FORREST

 

 

 



Case Doc'hment 24 Filed 12/18/17 Page 2 of 18

domestic concern and a stockholder thereof acting on behalf of
such domestic concern, would and did willfully and corruptly
make use of the mails and a means and instrumentality of
interstate commerce in furtherance of an offer, payment, promise
to pay, and authorization of the payment of money, and offered,
gifted, promised to give, and authorized the giving of a thing
of value to a foreign official, and to a person, while knowing
that all and a portion of such money and thing of value would be
offered, given, and promised, directly and indirectly, to a
foreign official, for purposes of: influencing an act and
decision of such foreign official in his official capacity,

(ii) inducing such foreign official to do and omit to do an act?
in violation of the lawful duty of such official, and

securing an improper advantage, and (B) inducing such*
foreign official to use his influence with a foreign government
and instrumentality thereof to affect and influence an act and
decision of such government and instrumentality, in order to?
assist such domestic concern in obtaining and retaining business
for and with, and directing business to, a person, in violation
of Title 15, United States Code, Section 
to wit, HO agreed to pay and offer money and other things of?

value to foreign officials in Africa, including the President of

a
4}
1!

 

Case Doc??ment 24 Filed 12/18/17 Page 3 of 18

Chad and the Minister of Foreign Affairs of Uganda (the ?Ugandan
Foreign Minister") and the President of Uganda, to obtain
business for a Shanghai?based energy conglomerate (the ?Energy
Company?).

3. It was a further part and an object of the conspiracy
that CHI PING PATRICK HO, a/k/a ?Patrick C.P. a/k/a ?He
Zhiping,? the defendant, and others known and unknown, would and
did, while in the territory of the United States, willfully and
corruptly make use of the mails and a means and instrumentality
of interstate commerce and do an act in furtherance of an offer,
payment, promise to pay, and authorization of the payment of
money, and offer, gift, promise to give, and authorize the
giving of a thing of value to a foreign official, and to a
person, while knowing that all and a portion of such money and
thing of value would be offered, given, and promised, directly
and indirectly, to a foreign official, for purposes of:

influencing an act and decision of such foreign official
in his official capacity, (ii) inducing such foreign official to
do and omit to do an act in violation of the lawful duty of such
official, and securing an improper advantage, and

(B) inducing such foreign official to use his influence with a

foreign government and instrumentality thereof to affect and

 

Case Docu?ment 24 Filed 12/18/17 Page 4 of 18

influence an act and decision of such government and
instrumentality, in order to assist in obtaining and retaining
business for and with, and directing business to, a person; in
violation of Title 15, United States Code, Section 
to wit, HO agreed to pay and offer money and other
things of value to foreign officials in Africa, including the
President of Chad and the Ugandan Foreign Minister and the
President of Uganda, to obtain business for the Energy Company.
Overt Acts
4. In furtherance of the conspiracy and to effect the

illegal objects thereof, the following overt acts, among others,
were committed and caused to be committed by CHI PING PATRICK
HO, a/k/a ?Patrick C.P. Ho," a/k/a ?He Zhiping,? the defendant,
and others in the Southern District of New York and elsewhere:

a. In or about October 2014, H0 met at the United
Nations in New York, New York with a former Foreign
Minister of Senegal (the ?Former Senegalese Foreign Minister?).

b. On or about October 19, 2014New York, New York with the Ugandan Foreign Minister.

c. On or about November 19, 2014, the Former
Senegalese Foreign Minister advised HO by email to ?reward" the

President of Chad with a ?nice financial package.?

Case DOCUment 24 Filed 12/18/17 Page 5 of 18

d. In or about January 2015, H0 caused a pledge of
$2 million to be extended by the Energy Company to the President
of Chad.

e. On or about March 12, 2015New York, New York with the Ugandan Foreign Minister.

f. On or about March 25, 2015, H0 caused a payment
of $200,000 to be wired from Hong Kong, through New York, New
York, to an account in Dubai designated by the Former Senegalese
Foreign Minister.

g. On or about July 3, 2015, H0 caused a payment of
$200,000 to be wired from Hong Kong, through New York, New York,
to an account in Dubai designated by the Former Senegalese 1
Foreign Minister.

h. On or about August 2, 2015, the Ugandan Foreign
Minister appointed the Chairman of the Energy Company as a
?Special Honorary Advisor" to the President of the UN General
Assembly.

i. On or about May 6, 2016, H0 caused a payment of
$500,000 to be wired from Hong Kong, through New York, New York,
to an account in Uganda designated by the Ugandan Foreign
Minister.

(Title 18, United States Code, Section 371.)

Case Document 24 Filed 12/18/17 Page 6 of 18

COUNT TWO

(Violation of the Foreign Corrupt Practices Act:
Domestic Concern Chad Scheme)

The Grand Jury further charges:

5. From at least in or about the fall of 2014, up to and
including in or about January 2017, in the Southern District of
New York and elsewhere, CHI PING PATRICK HO, a/k/a ?Patrick C.P.
Ho,? a/k/a ?He Zhiping,? the defendant, being a domestic concern
and an officer, director, employee, and agent of a domestiC*
concern and a stockholder thereof acting on behalf of such
domestic concern, willfully and corruptly made use of the mails
and a means and instrumentality of interstate commerce in
furtherance of an offer, payment, promise to pay, and
authorization of the payment of money, and offered, gifted,:
promised to give, and authorized the giving of a thing of value
to a foreign official, and to a person, while knowing that all
and a portion of such money and thing of value would be offered,
given, and promised, directly and indirectly, to a foreign
official, for purposes of: influencing an act and
decision of such foreign official in his official capacity,

(ii) inducing such foreign official to do and omit to do an act

in violation of the lawful duty of such official, and

 

Case DOCUment 24 Filed 12/18/17 Page 7 of 18

securing an improper advantage, and (B) inducing such
foreign official to use his influence with a foreign government
and instrumentality thereof to affect and influence an act,and
decision of such government and instrumentality, in order to
assist such domestic concern in obtaining and retaining business
for and with, and directing business to, a person, to wit, HO
paid and offered money and other things of value to foreign?
officials in Chad, including the President of Chad, to obtain
business for the Energy Company.

(Title 15, United States Code, Sections 78dd?



Title 18, United States Code, Section 2.)

COUNT THREE

(Violation of the Foreign Corrupt Practices Act:
Domestic Concern Uganda Scheme)

The Grand Jury further charges:

6. From at least in or about the fall of 2014, up to and
including in or about January 2017, in the Southern District of
New York and elsewhere, CHI PING PATRICK HO, a/k/a ?Patrick C.P.
Ho,? a/k/a ?He Zhiping,? the defendant, being a domestic concern
and an officer, director, employee, and agent of a domestic 1
concern and a stockholder thereof acting on behalf of such

domestic concern, willfully and corruptly made use of the mails

 

Case Docu'ment 24 Filed 12/18/17 Page 8 of 18

and a means and instrumentality of interstate commerce in
furtherance of an offer, payment, promise to pay, and
authorization of the payment of money, and offered, gifted,
promised to give, and authorized the giving of a thing of value
to a foreign official, and to a person, while knowing that all
and a portion of such money and thing of value would be off?red,
given, and promised, directly and indirectly, to a foreign 
official, for purposes of: influencing an act and
decision of such foreign official in his official capacity, (ii)
inducing such foreign official to do and omit to do an act in

1

violation of the lawful duty of such official, and 
securing an improper advantage, and (B) inducing such foreign
official to use his influence with a foreign government and!
instrumentality thereof to affect and influence an act and
decision of such government and instrumentality, in order to
assist such domestic concern in obtaining and retaining business
for and with, and directing business to, a person, to wit, HO

paid and offered money and other things of value to foreign

officials in Uganda, including the Ugandan Foreign Minister and

 

Case Docu?ment 24 Filed 12/18/17 Page 9 of 18

the President of Uganda, to obtain business for the Energy

Company.

(Title 15, United States Code, Sections 78dd-

Title 18, United States Code, Section 2.)

COUNT FOUR

(Violation of the Foreign Corrupt Practices Act:
Within the United States Chad Scheme)

The Grand Jury further charges:

7. From at least in or about the fall of 2014, up to and
including in or about January 2017, in the Southern District of
New York and elsewhere, CHI PING PATRICK HO, a/k/a ?Patrick C.P.
Ho,? a/k/a ?He Zhiping,? the defendant, while in the territory
of the United States, willfully and corruptly made use of the
mails and a means and instrumentality of interstate commerce and
did an act in furtherance of an offer, payment, promise to pay,
and authorization of the payment of money, and offered, gifted,
promised to give, and authorized the giving of a thing of value
to a foreign official, and to a person, while knowing that all
and a portion of such money and thing of value would be offered,
given, and promised, directly and indirectly, to a foreign
official, for purposes of: influencing an act and

decision of such foreign official in his official capacity,

 

Case Document 24 Filed 12/18/17 Page 10 of 18

(ii) inducing such foreign official to do and omit to do an act
in violation of the lawful duty of such official, and

securing an improper advantage, and (B) inducing such
foreign official to use his influence with a foreign government
and instrumentality thereof to affect and influence an act and
decision of such government and instrumentality, in order to
assist in obtaining and retaining business for and with, and
directing business to, a person, to wit, HO paid and offered
money and other things of value to foreign officials in Chad,
including the President of Chad, to obtain business for the

Energy Company.

(Title 15, United States Code, Sections 78dd-

Title 18, United States Code, Section 2.)

COUNT FIVE

(Violation of the Foreign Corrupt Practices Act:
Within the United States Uganda Scheme)

The Grand Jury further charges:

8. From at least in or about the fall of 2014, up to and
including in or about January 2017, in the Southern District of
New York and elsewhere, CHI PING PATRICK HO, a/k/a ?Patrick C.P.
Ho,? a/k/a ?He Zhiping,? the defendant, while in the territory

of the United States, willfully and corruptly made use of the

10

Case ?Document 24 Filed 12/18/17 Page 11 of 18

mails and a means and instrumentality of interstate commerce and
did an act in furtherance of an offer, payment, promise to pay,
and authorization of the payment of money, and offered, gifted,
promised to give, and authorized the giving of a thing of value
to a foreign official, and to a person, while knowing that all
and a portion of such money and thing of value would be offered,
given, and promised, directly and indirectly, to a foreign 
official, for purposes of: influencing an act and
decision of such foreign official in his official capacity,?
(ii) inducing such foreign official to do and omit to do an act
in violation of the lawful duty of such official, and
securing an improper advantage, and (B) inducing such
foreign official to use his influence with a foreign government
and instrumentality thereof to affect and influence an act and
decision of such government and instrumentality, in order to
assist in obtaining and retaining business for and with, and
directing business to, a person, to wit, HO paid and offered
money and other things of value to foreign officials in Uganda,
including the Ugandan Foreign Minister and the President of
Uganda, to obtain business for the Energy Company.

(Title 15, United States Code, Sections 78dd?


Title 18, United States Code, Section 2.)

ll

Case "Docur'nent 24 Filed 12/18/17 Page 12 of 18

COUNT SIX
(Conspiracy to Commit Money Laundering)

The Grand Jury further charges:

9. From at least in or about the fall of 2014, up to and
including in or about January 2017, in the Southern District of
New York and elsewhere, CHI PING PATRICK HO, a/k/a ?Patrick'C.P.
Ho,? a/k/a ?He Zhiping,? the defendant, and others known and 1
unknown, willfully and knowingly did combine, conspire,
confederate, and agree together and with each other to violate
Title 18, United States Code, Section l956(a)(2)(A).

10. It was a part and an object of the conspiracy that CHI
PING PATRICK HO, a/k/a ?Patrick C.P. Ho,? a/k/a ?He Zhiping,"
the defendant, and others known and unknown, would and did
knowingly transport, transmit, and transfer, and attempt to
transport, transmit, and transfer, a monetary instrument and
funds from a place in the United States to and through a place
outside of the United States and to a place in the United States
from and through a place outside of the United States, with the
intent to promote the carrying on of specified unlawful
activity, to wit, the violations of the Foreign Corrupt

Practices Act charged in Counts Two through Five of this

12

 

Case ?Docufnent 24 Filed 12/18/17 Page 13 of 18

Indictment and offenses against a foreign nation (Chad and
Uganda) involving bribery of a public official, in violation of
Title 18, United States Code, Section 1956(a)(2)(A), to wit, HO
agreed to transmit and cause to be transmitted funds from China
to and through the United States, and from the United States to
foreign countries, in furtherance of a scheme to pay and offer
money and other things of value to foreign officials in Africa,
including the President of Chad and the Ugandan Foreign Minister
and the President of Uganda, to obtain business for the Energy
Company.
(Title 18, United States Code, Section 
COUNT SEVEN
(Money Laundering: Chad Scheme)

The Grand Jury further charges:

11. From at least in or about the fall of 2014, up to and
including in or about January 2017, in the Southern District of
New York and elsewhere, CHI PING PATRICK HO, a/k/a ?Patrick?C.P.
Ho,? a/k/a ?He Zhiping,? the defendant, knowingly transported,
transmitted, and transferred, and attempted to transport,
transmit, and transfer, a monetary instrument and funds from a
place in the United States to and through a place outside of the

United States and to a place in the United States from and

13

 

Case 'Docur'nent 24 Filed 12/18/17 Page 14 of 18

through a place outside of the United States, with the intent to
promote the carrying on of specified unlawful activity, to wit,
the violations of the Foreign Corrupt Practices Act charged
in Counts Two and Four of this Indictment, and offenses
against a foreign nation (Chad) involving bribery of a public
official, to wit, HO transmitted and caused to be transmitted
funds from China to and through the United States, and fromjth?
United States to foreign countries, in furtherance of a scheme
to pay and offer money and other things of value to foreign
officials in Chad, including the President of Chad, to obtain
business for the Energy Company.

(Title 18, United States Code, Sections 1956(a)(2)(A) and 2.)

COUNT IGHT
(Money Laundering: Uganda Scheme)

The Grand Jury further charges:

12. From at least in or about the fall of 2014, up to and
including in or about January 2017, in the Southern District of
New York and elsewhere, CHI PING PATRICK HO, a/k/a ?Patrick C.P.
Ho,? a/k/a ?He Zhiping,? the defendant, knowingly transported,
transmitted, and transferred, and attempted to transport,
transmit, and transfer, a monetary instrument and funds from a

place in the United States to and through a place outside of the

14

 

Case Document 24 Filed 12/18/17 Page 15 of 18

United States and to a place in the United States from and
through a place outside of the United States, with the intent to
promote the carrying on of specified unlawful activity, to wit,
the violations of the Foreign Corrupt Practices Act charged
in Counts Three and Five of this Indictment, and offenses
against a foreign nation (Uganda) involving bribery of a public
official, to wit, HO transmitted and caused to be transmitted
funds from China to and through the United States, and from?the
United States to foreign countries, in furtherance of a scheme
to pay and offer money and other things of value to foreign?
officials in Uganda, including the Ugandan Foreign Minister and
the President of Uganda, to obtain business for the Energy
Company.

(Title 18, United States Code, Sections l956(a)(2)(A) and 2.)

FORFEITURE ALLEGATIONS

 

13. As a result of committing the offenses alleged in
Counts One through Five of this Indictment, CHI PING PATRICK HO,
a/k/a ?Patrick C.P. Ho,? a/k/a ?He Zhiping,? the defendant,
shall forfeit to the United States, pursuant to Title 18, United
States Code, Section and Title 28, United States
Code, Section 2461(c), any and all property, real or personal,

which constitutes or is derived from proceeds traceable to the

15

 

Case Document 24 Filed 12/18/17 Page 16 of 18

commission of said offenses, including but not limited to a sum
of money in United States currency representing the amount of
proceeds traceable to the commission of said offenses that'the
defendant personally obtained.

14. As a result of committing the offenses alleged in
Counts Six through Eight of this Indictment, CHI PING PATRICK
HO, a/k/a ?Patrick C.P. Ho,? a/k/a ?He Zhiping," the defendant,
shall forfeit to the United States, pursuant to Title 18, United
States Code, Section 982(a)(l), any and all property, real or
personal, involved in said offenses, or any property traceable
to such property, including but not limited to a sum of money in
United States currency representing the amount of property
involved in said offenses that the defendant personally
obtained.

Substitute Assets Provision

15. If any of the above?described forfeitable property, as
a result of any act or omission of CHI PING PATRICK HO, a/k/a
?Patrick C.P. Ho,? a/k/a ?He Zhiping," the defendant:

a. cannot be located upon the exercise of due
diligence;
b. has been transferred or sold to, or 

deposited with, a third person;

16

 

?9

1b mm: i ii

Case JDocu?ment 24 Filed 12/18/17 Page 17 of 18

c. has been placed beyond the jurisdiction of

the Court;

d. has been substantially diminished in vaIue;
or

e. has been commingled with other property?

which cannot be subdivided without difficulty; it is the intent
of the United States, pursuant to Title 21, United States Code,
Section 853(p), and Title 28, United States Code, Section 2461,
to seek forfeiture of any other property of said defendant up to
the value of the above forfeitable property.

(Title 18, United States Code, Sections 981 and 982;

Title 21, United States Code, Section 853;
Title 28, United States Code, Section 2461.)


?JCk?fii?,hiJuh

JOON H. KIM

ACTING UNITED STATES ATTORNEY

WM
SANDRA MOSER

ACTING CHIEF, FRAUD SECTION
CRIMINAL DIVISION

 

17

 

 

Zba

Case Document 54? 'Fir?ed 12/18/17 Page 18 of 18

 

 

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA
v. 
CHI PING PATRICK HO,
a/k/a ?Patrick C.P. Ho,"
a/k/a ?He Zhiping,"

Defendant.

 

 

INDICTMENT
17 Cr. 
(18 U.S.C. 2, 371,
1956(a)(2)(A), and 1956(h);
15 U.S.C. 78dd?2 and 78dd-3.)

JOON H. KIM
United States Attorney.

 

SANDRA MOSER
Acting Chief, Fraud Section,
Criminal Division.

 

A TRUE BILL

:Cm??w?a

Foreperson.

 

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