Declaration of Haitian Prime Minister in Haiti Teleco Case

8/4/2019 Declaration of Haitian Prime Minister in Haiti Teleco Case

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Case 1:09-cr-2101O-JEM Document 549 Entered on FLSD Docket 08/29/2011 Page 1 of 2

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA

CASE NO. 09-21010-CR-JEM(s)

UNITED STATES OF AMERICAv.JOEL ESQUENAZI,CARLOS RODRIGUEZ,PATRICK JOSEPH,JEAN RENE DUPERVAL,andMARGUERITE GRANDISON,

Defendants.--------------------------~/

GOVERNMENT'S SUPPLEMENTAL RESPONSE TOTHE STANDING DISCOVERY ORDER

The United States hereby files this supplemental response to the Standing Discovery Order.On August 29,2011, the Government emailedtheattacheddocuments.labeledHL000115-119.todefense counseL

Respectfully submitted,WIFREDO A. FERRERUNITED STATES ATTORNEYNicola J. MrazekJames M. KoukiosSenior Trial AttorneysFRAUD SECTION, CRIMINAL DIVISIONU.S. DEPARTMENT OF JUSTICE

By: slAurora FaganAurora FaganAssistant United States AttorneyFlorida Bar Number 18859199 N.E. 4th Street, 4th FloorMiami, FL 33132(305) 961-9185Fax: (305) 530-6168


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Case 1:09-cr-2101O-JEM Document 549 Entered on FLSD Docket 08/29/2011 Page 2 of 2

CERTIFICATE OF SERVICEI HEREBY CERTIFY that I electronically filed the foregoing document with the Clerk of

the Court and defense counsel using CMlECF on August 29, 2011.

sl James M. KoukiosJames M. KoukiosSenior Trial Attorney

2


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Case 1:09-cr-21 01O-JEM Document 549-1 Entered on FLSD Docket 08/29/2011 Page 1 of 5

DECLARAT1 0 N

1. MQn .nOOl e st Je c!l1 ,M cu


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Case 1:09-cr-21 01O-JEM Document 549-1 Entered on FLSD Docket 08/29/2011 Page 2 of 5

( ;L P~H'a i1 !eu rs , la n cm t n et tc n d u Di rec teu r Gene r a l e t des m em b re s d u CcnseH d 'A d m in is tra tkw d e laT ~[e c o a to u jo u rs e te raite parAr re t lOSdu P resid en t d e la Republ lquc J tQ n t r e s l g n e pa r Ie Pr em ie rMInis t re et les t ; lu t : reSr t1 ini s t res conce rnes ,

7. Avant Ie processus de mocie rn isBt icm, l es r~ve,n t l sde laTE!leco p:r;"pr),pub li q tl e s p a r fa BI~H . c le tte s d e lap;;Jsdi impotsclU de tiroftsde (1ouane ,. a t lt o d s e . poutles s e r v I c e s t e l ephon lquesTele~oappar tenal t a 9 ' 7 % a f~tqtlia)llcn rnals6tattconnus de to l;lt 1 8publitetde moimeme~

L e s r e fe r en c e s :datl1'lfiespo:ur ' manqt l edequi devaI t r essor t lr dece tt edec taf< :l tTol .1i a Te le cocommeune Inst i tut ion pUb!1Q\Je. T b u t e ro is , c (f la n e I Jcu t di re que lE!s io is r2ubJ tquesha' l \ t ler rnesne s~ ap pliq u.e n tp as .a la t'e le to , m e n le sl.u ne 1 61pt lbHqt )e ne


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Case 1:09-cr-2101O-JEM Document 549-1 Entered on FLSD Docket 08/29/2011 Page 3 of 5

[Republic of Haiti][The Prime Minister]STATEMENT

1. My name is Jean Max BELLERIVE. I am a citizen of the Republic of Haiti, the current PrimeMinister of the Republic of Haiti, and the acting Minister of Justice and Public Security of Haiti.

2. On July 26,2011 I signed a statement on the legal status of Telecommunications d'Hatti SAM("T6l6co"). When I signed that statement, I did not know that it was going to be used in criminallegal proceedings in the United States or that it was going to be used in support of the argument that,after the takeover by BRH and before its modernization, Teleco was not part of the PublicAdministration of Haiti. This is obviously not the case since, during that time, T616cobelonged toBRH, which is an institution of the Haitian state. That document had been signed strictly for internalpurposes and to be used in support of the on-going modernization process of Teleco.

3. Even though the facts mentioned in the statement are truthful, now that I know the purpose for whichthey were used, I wish to explain how they might lead to confusion. As Prime Minister of theRepublic of Haiti, I wish to make it absolutely clear that the position of my government is thatcorruption has never been and shall never be tolerated. This pertains also to the corruption that wasallegedly rampant within T616coprior to the modernization of that institution. Any bribe paid to aTeleco agent constitutes a violation of Haiti's anti-corruption laws.

4. Itwas only on August 12, 2011 that I learned about the copy of a letter dated August 9, 2011 writtenby an attorney by the name of Paul A. Calli. This letter indicates that I had received a copy, both bye-mail and fax, which is not actually the case.

5. The statement of July 26, 2011 explains that:(1) T616cowas started in 1968 as a private company;(2) The partial modernization of'Teleco was completed in 2011; and(3) Inthe interval, no Haitian law ever established Teleco as a publicly-owned institution.

All the facts in the July 26, 2011 statement are correct. However, that statement can be confusing iftaken in its current context since it omits the fact that, after the initial creation of'Teleco and prior toits modernization, it was fully funded and controlled by BRH, which is a public entity of the Haitianstate.

HL000117


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Case 1:09-cr-21010-JEM Document 549-1 Entered on FLSD Docket 08/29/2011 Page 4 of 5

6. Furthermore, the nomination of the Director General and of the Board members of Teleco has alwaysbeen done by Decision of the President of the Republic and been countersigned by the Prime Ministerand other ministers concerned.

7. Prior to the modernization process, Teleco's income was to be used by BRH for public purposes.Teleco's debts were also borne by BRH. Teleco does not pay taxes or import duties. Teleco alsobenefits from a State monopoly authorized for land-line telephone services in Haiti. Prior to itsmodernization, 97% of Teleco belonged to the Haitian State, which nevertheless controlled it in100%. These facts are all known to the public and to me.

8. References to private law or to public law made in my statement dated July 26, 2011 have to beclarified due to a lack of precision, omissions and improper interpretation. The only legal point thatshould stand out in this statement is that there exists no law specifically designating Teleco as apublic institution. Yet this does not mean that Haiti's public laws do not apply to Teleco even if nopublic law designates it as such. For example, Teleco was subject to the Law on Modernization ofPublic Enterprises (Loi sur la Modernisation des Entreprises Publiques) and the Law on DeclaringHoldings (Loi sur la Declaration du Patrimoine) that, inconnection with the fight against corruption,required high functionaries of Teleco to declare their holdings. Furthermore, Haiti's anti-corruptionlaw, which applies to all agents and functionaries of Haiti's Public Administration, applies to thefunctionaries and employees of Teleco,

9. Finally, the Government of Haiti has always supported and will continue to support the Governmentof the United States in its efforts to fight against corruption, especially in light of the fact that suchactions violate Haitian laws. Haiti has been the victim of such illegal actions that have resulted inloss of revenue for Haiti.

[Signature]Jean Max BELLERIVEPrime Minister

HL000118


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Case 1:09-cr-2101O-JEM Document 549-1 Entered on FLSD Docket 08/29/2011 Page 5 of 5

~ ASET International Services LLC / A MANPOWER Company6400Arlington Boulevard Third Floor, Falls Church, Virginia 22042 Tel. (703) 245 9400 Fax. (703) 516-9269. www.asetquality.com

CERTIFICATE OF TRANSLATION

I , _- ,E=w.. : . .: . ..=a , -"R=u r=a~rz : : : :. . .- ""H= . :u : :, . lyc ; ; :g>=e= n,=-sc e rtify th a t I am com pe te n t to tran s la teth is d o cum en t, an d th at th e tran s la tio n is tru e an d accu ra te , to th e b e s t o f m y ab ilit ie s . Allarch iv al se als , s tam ps, an d c e rtific a tio ns have b e e n tran sla te d h e re .

En g lish Title : S ta tem en t P rim e M in is te r

Fre n ch Title : S ta tem en t P rim e M in is te rI c e rtify u n d e r p e n alty o f p e rju ry , p u rsu an t to 28 U.S .C . 1746, th at th e a ttac he d

tran sla tio n is tru e an d co rre ct .

Ex ecu te d th is 25th d ayo f A ugu st 20 lj_ .

S igna tu r e

HL000119
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Declaration of Haitian Prime Minister in Haiti Teleco Case