The Director of South Korea’s Earthquake Research Center at
the Korea Institute of Geoscience and Mineral Resources (KIGAM) was convicted
yesterday following a four-day jury trial of laundering bribes that he received
from two seismological companies based in California and England through the
U.S. banking system. Sentencing is scheduled to occur before the Honorable John
F. Walter of the U.S. District Court for the Central District of California, on
October 2.
Acting Assistant Attorney General Kenneth A. Blanco of the
Justice Department’s Criminal Division, Acting U.S. Attorney Sandra R. Brown
for the Central District of California and Assistant Director in Charge Deirdre
Fike of the FBI’s Los Angeles Field Office, announced the conviction.
Heon-Cheol Chi (Chi), 59, of South Korea, was convicted of
one count of transacting in criminally derived property, in violation of 18
U.S.C. § 1957. According to the charges, the funds that he laundered were
proceeds derived through violations of South Korea’s bribery law, Article 129
of South Korea’s Criminal Code.
“International corruption undermines the rule of law,
threatens our national security, and harms honest companies who are playing by
the rules,” said Acting Assistant Attorney General Blanco. “As this case
demonstrates, the Criminal Division will hold responsible the companies and
individuals who are paying bribes to foreign government officials, and the
foreign government officials themselves.
For the second time in recent months, the Criminal Division has
convicted a foreign official who solicited bribes and then laundered the
illicit proceeds in the United States. We will continue to hold such
individuals responsible and accountable.”
“The American financial system is not to be used as a
storehouse for the proceeds of corrupt activity,” said Acting U.S. Attorney
Brown. “This defendant used a bank account here in Southern California to
conceal over one million dollars in bribe money obtained through the abuse of
his public position. This conviction sends a message that should be heard
around the world.”
“Defendant Chi exploited the U.S. banking system to enrich
himself and to conceal his corrupt practices,” said Assistant Director in
Charge Fike. “The FBI and our partners will continue to hold accountable
international offenders who gain the advantage on the global playing field by
breaking U.S. law.”
According to the evidence presented at trial, between at
least 2009 and 2015, Chi abused his official position at KIGAM to demand and
receive over $1 million in bribes from two seismological companies in exchange
for providing them with unfair business advantages in the South Korean seismological
market. In particular, the trial evidence showed that Chi advocated the
purchase and use of equipment from these two companies by KIGAM and other South
Korean customers, and he provided these companies with market intelligence and
inside information, including confidential information about their competitors
and the KIGAM bidding process. The evidence also showed that Chi directed that
his bribe payments be paid in cash or wired to his personal bank account in
Glendora, California. From that account, Chi transferred approximately half of
those bribe payments to an investment account he held in New York City and
spent approximately 70 percent of the remaining funds back in South Korea,
where he resided and worked, according to the evidence.
In addition to his use of cash payments and the U.S. banking
system, the trial evidence showed that Chi took a number of steps to conceal
his bribery scheme, including instructing representatives of the companies to
delete or not respond to his emails, requesting that these company
representatives not inform his colleagues at KIGAM of his illegal arrangements
with these companies, and by sending fictitious invoices listing a false
address in New Jersey. As Chi acknowledged in an email to one of the companies
in 2005, “Usually I deleted almost all e-mail or papers related to [payments
from these companies] because I am the director of earthquake research center
and I am not allowed to be involved in it.”
The evidence at trial included numerous additional emails in
which Chi admitted that he was acting illegally. For example, Chi wrote to a
company representative in 2014, “I am a governmental officer and I should not
have any contact with [a] private company. Moreover, it is illegal to assist
any company related to the test.”
According to the trial evidence, the total of the bribe
payments to Chi exceeded his legitimate income from KIGAM by a substantial
margin and, during the relevant time period, Chi was paid more in bribes than
in KIGAM salary.
The case is being investigated by the FBI’s International
Corruption Squad in Los Angeles. Trial Attorneys David Fuhr and Anna Kaminska
of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Poonam
Kumar of the Central District of California are prosecuting the case. The
Criminal Division’s Office of International Affairs also provided substantial
assistance in this matter.
The Department is grateful to the government of South Korea
for providing substantial assistance in gathering evidence during this investigation.
The Department also thanks its law enforcement colleagues in the United Kingdom
for their assistance in the Department’s investigation.
The Fraud Section is responsible for investigating and
prosecuting all FCPA matters. Additional
information about the Justice Department’s FCPA enforcement efforts can be
found at www.justice.gov/criminal-fraud/foreign-corrupt-practices-act.
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