US legal process can be a steel trap

Locally, all of you may have heard of Patrick Ho Chi-ping's case.

He was an ophthalmologist turned politician and former secretary of home affairs who was charged with eight counts of bribery and money laundering in a United Nations-linked case involving acting for a CEFC think tank that lined the pockets of the president of Chad, the Ugandan foreign minister as well as a Senegal diplomat.

Ho was arrested in the United States in 2017, where he was found guilty on seven out of eight charges, then sentenced to 36 months and fined US$400,000 (HK$3.12 million). He was released in June for good behavior.

He remains adamant that he is not guilty and filed an appeal last year.

I believe the outcome is still unknown, although I suspect the appeal will fail as the money was wrapped in gift boxes. He reasons that it is China who is the big tiger they want to punish and he just happened to be the sacrificial lamb.

Another interesting case is that of Frederic Pierucci of Alstom.

He decided to write a book to warn others, called The American Trap. It is such a fascinating book that I could not put it down. I really feel sorry for him as he was simply a middle-level employee at the French strategic company famous for integrated transport systems worldwide.

What was interesting about Pierucci's case, though, was that there is a hint in the book that chief executive Patrick Kron - a French elite - agreed to the American takeover of Alstom in exchange for immunity.

Over the past decade, the department of justice in America has subjected scores of large foreign companies to extraterritorial action resulting in huge fines - with some exceeding US$1 billion - to settle cases of corruption outside America under the Foreign Corrupt Practices Act.

Such cases rarely go to trial because of the lengthy process involved should you decide to defend yourself, as foreigners in America are usually denied bail and its detention centers, run by private contractors, can be a living hell.

Often, the process breaks your spirit and forces you to take a plea deal with the department of justice on the advice of your lawyer.

If you are a foreign national, you are considered a flight risk; and to qualify for bail, you have to get an American to put up his house as surety - which is what happened in Pierucci's case. But the process took so long that he lost his job with Alstom in the meantime "for failure to report for work."

Those who work for international companies are strongly advised to read this book to get an idea of American justice and injustice and the processes they use to wear you out - such as presenting lots of exhibits to ensure a long trial that you cannot afford, so that when you are out on bail you have to wear electronic tagging and employ guards like Meng Wanzhou of Huawei fame in Canada.

Pierucci had his life turned upside down with no help from his employer Alstom and hired a separate lawyer to represent him due to conflict of interest.

Thus, he was more or less forced to plead guilty as they wanted to disassociate themselves from his guilty plea. Luckily, his family stood by him throughout the ordeal.

It is a most heartrending story, an eye-opener and a timely warning not to use US dollars in such transactions and not to enter into their jurisdiction.

Susan Liang is a lawyer who likes to speak her mind on issues that concern the man on the street