Asset Recovery Watch

ARW-100
Juthamas Siriwan / Gerald and Patricia Green Case
Thailand
Governor of Tourism (Siriwan, 2002-2006) / Bribe givers (Greens)
United States
Undertaking Recovery Effort, Location of Recovery Effort, Asset Location / Alleged Asset Location
2007
Ongoing
Art.16, Art.19, Art.20, Art.23
Yes
Criminal Prosecution and Forfeiture; Criminal Fine; Criminal Restitution
Unknown
Cooperation in investigation but mechanism unknown
Unknown if Thailand was recipient of restitution ordered in the Greens' case, but US Sentencing Memorandum submitted to the court in January 2010 stated that "Restitution to Thailand of bribe amounts is discretionary under federal statute, but is necessary to comply with U.S. treaty obligations and to serve the ends of justice." (Source: U.S. v. Green, Case No. 2:08-cr-00059-GW (C.D. Cal), Government's Combined Sentencing Position for Defendants Gerald Green and Patricia Green filed January 14, 2010.)
Ongoing
Judgment under appeal; restitution ($250,000 - joint and several liability; $1,049, 465 plus shares in Artist Design Corp Defined Benefit Plan; Unspecified in judgment how much, if any, restitution may be given to Thailand] 
Ongoing
N/A

Gerald and Patricia Green, convicted in the U.S. District Court for the Central District of California, of paying bribes to Juthamas Siriwan were ordered to pay $250,000 in restitution as part of their September 10, 2010 Amended Judgment. The Judgment does not indicate the recipients of the restitution, but the Government's sentencing memorandum requested that the court "inpose restitution to Thailand of $1,822,494 on defendants jointly and severally." (Source: U.S. v. Green, Case No. 2:08-cr-00059-GW (C.D. Cal.), Government's Supplemental Sentencing Memorandum for Defendants Gerald Green and Patricia Green and Exhibit E (Letter by the National Anti-Corruption Commission of Thailand regarding their investigation of the Juthamas Siriwan bribery case), both filed on March 12, 2010; Government's Combined Sentencing Position for Defendants Gerald Green and Patricia Green filed January 14, 2010.) The Greens were also ordered to pay a money judgment of $1,049,465 and their share in their company Artist Design Corp's Defined Benefit Plan.

According to the Joint Status Report and Indictment filed by Thai Special Prosecutor (Exh A in Thai and Exh B in English translation), Ms. Siriwan has been charged with violations of Thai laws pertaining to conduct of Thai officials and the Criminal Code pertaining to acceptance of bribery. The US criminal case against Ms. Siriwan is ongoing as of May 22, 2016. (Source: US v. Siriwan, Case No. 2:09-cr-81 (C.D. Cal), Joint Status Report of the Parties filed on October 13, 2015 and Exhibits A and B; Court Docket Report as of May 22, 2016.)

National Anti-Corruption Commission of Thailand
N/A
N/A
Federal Bureau of Investigation
U.S. Attorney for the Central District of California; Department of Justice
U.S. District Court for the Central District of California