information Because of the Fifth Amendment, the federal legal system has to use grand juries to bring charges, at least for certain offenses. The Fifth Amendment to the U.S. Constitution requires that charges for all capital and "infamous" crimes be brought by an indictment returned by a grand jury. The amendment has been interpreted to require that an indictment be used to charge federal felonies, unless a defendant waives his or her right to be indicted by a grand jury. The Supreme Court has held that this part of the Fifth Amendment is not binding on the states, so they can use grand juries or not, as they wish. (If a defendant waives his or her right to be indicted by a grand jury, the prosecutor can charge them by using an "information." An information is simply a pleading that accuses the defendants of committing crimes, just as an indictment does. The difference between an indictment and an information is that a grand jury must approve an indictment, while a prosecutor can issue an information without the grand jury's approval or, for that matter, without ever showing the information to the grand jury.) Since most federal prosecutions involve felony charges, grand juries play an important role in enforcing federal criminal law. The sections below describe the essential aspects of federal grand juries. ----------------- ----------------- information ----------------- ----------------- James R. Sabatine (Full-Text of Information) 08/03/01 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION UNITED STATES OF AMERICA ) Criminal No. 101CR375) Plaintiff ) JUDGE ECONOMUS VS. JAMES R. SABATINE,) Violations: Title 18, U.S.C. Section 1962 (c), and Defendant. ) Title 26, U.S.C. Section 7206(1) INFORMATION The United States Attorney charges: COUNT 1 (18 U.S.C. & 1962(C) ) THE ENTERPRISE 1. From in or about June 1993 through in or about December 1999, the exact dates being unknown, JAMES R. SABATINE, the defendant herein, together with others known and unknown to the United States Attorney, were employed by and associated with an enterprise within the meaning of Title 18, United States Code, Section 1961(4), specifically, Hardrives Paving & Construction, Inc., 3550 Union Street, Mineral Ridge, Ohio (hereinafter "Hardrives"), which enterprise engaged in, and the activities of which affected, interstate commerce. THE VIOLATION From in or about June 1993 through in or about December 1999, the exact dates being unknown, in the Northern District of Ohio, JAMES R. SABATINE, the defendant herein, being a person employed by and associated with the enterprise, did knowingly and unlawfully conduct and participate, directly and indirectly, in the conduct of the affairs of the enterprise, through a pattern of racketeering activity, within the meaning of Title 18, United States Code, Section 1961(5). THE PATTERN OF RACKETEERING ACTIVITY 2. The pattern of racketeering activity, as defined by Title 18, United States Code, Section 1961(1) and 1961(5), through which JAMES R. SABATINE knowingly and unlawfully participated, directly and indirectly, in the conduct of the affairs of the enterprise, included the following acts: Racketeering Act #1 (Bribery) 3. In or about August 1998, in the Northern District of Ohio, Eastern Division, JAMES R. SABATINE personally gave approximately $2,400 in U.S. currency to a public official, as that term is defined in Title 18, United States Code, Section 201(a)(1), for and because of an official act that the public official performed on SABATINE's behalf, in violation of Title 18, United States Code, Section 201(c)(1)(A). The act in question involved the public official intervening on SABATINE's behalf with officials from an interstate railroad company to assist SABATINE's Youngstown asphalt plant. Racketeering Act #2 (Bribery) 4. In approximately 1994, in the Northern District of Ohio, Eastern Division, JAMES R. SABATINE, with purpose to corrupt and improperly influence then Mahoning County Engineer William Fergus, a public servant, with respect to the discharge of his duty as Mahoning County Engineer, paid two cash bribes to Fergus in an amount totaling approximately $20,000 in U.S. currency in connection with a 1993 Mahoning County contract to repave Meridian Road. SABATINE paid the bribes to Fergus to ensure that, among other things, Hardrives maintained a favorable position with Fergus and the Mahoning County Engineer's Office for future contracts with Mahoning County, in violation of Ohio Revised Code, Section 2921.02. Racketeering Act # 3 (Bribery) 5. From on or about a date in June 1993 through on or about a date in September 1997, in the Northern District of Ohio, Eastern Division, JAMES R. SABATINE, with purpose to corrupt and improperly influence a Mahoning County road inspector, a public servant, with respect to the discharge of his duties as an inspector with Office of the Mahoning County Engineer, paid cash bribes to the inspector on four occasions in an amount totaling approximately $7,300. SABATINE personally gave three of the cash bribes directly to the inspector and, on the forth occasion, delivered the cash bribe through two other members of the enterprise. SABATINE paid the bribes to ensure that, among other things, the inspector permitted Hardrives personnel to submit fraudulent weight tickets so that Hardrives would receive payment for asphalt that was never applied, in violation of Ohio Revised Code, Section 2921.02. Racketeering Act # 4 (Mail Fraud) 6. From on or about a date in July 1995 until on or about a date in November 1998, in the Northern District of Ohio, Easter Division, JAMES R. SABATINE did knowingly and intentionally devise and intend to devise a scheme and artifice to defraud the Ohio Public Works Commission and various State of Ohio local municipalities, and for the purpose of executing such scheme and artifice and attempting to do so, documents and correspondence were placed into and delivered by the United States Postal Service with the knowledge of JAMES R. SABATINE. 7. The scheme and artifice to defraud involved JAMES R. SABATINE and another contracting company, known to the United States Attorney, intentionally and wilfully, and on behalf of the enterprise, Hardrives Paving & Construction, Inc., obtaining contracts to construct and repair roads for Mahoning and Trumbull Counties, Ohio by submitting false documentation to the Ohio Public Works Commission, Goshen Township, City of Struthers, Champion Township and Kinsman Township. 8. The scheme and artifice to defraud was in substance as follows during the time period set forth in paragraph 6 above: A. The Ohio Public Works Commission funded in part road construction, maintenance and repair projects for counties in the State of Ohio. Municipalities receiving these funds contracted with road construction companies to construct, maintain and repair county roads. Ohio law required that approximately five percent of the total aggregate value of these contracts in any given fiscal year be set aside for bidding by minority business enterprises ("MBE"), as defined by Ohio Revised Code, Section 122.71(E)(1). B. MBE contractors bidding on set aside public contracts for county roads were required to submit to the Ohio Public Works Commission a "Contractor/Supplier Designation" form, which identified the minority business enterprise in question and represented that the MBE itself would perform most of the work called for in the contract. C. The other contracting company, known to the United States Attorney, was an Ohio corporation and certified by the Ohio Equal Employment Opportunity Division of the Ohio Department of Administrative Services as a minority business enterpriser. As such, that contracting company was authorized to bid on public contracts that were set aside for MBE contractors. D. A "pass through" contract occurred when a properly certified MBE contractor, having bid on and received a public construction contract, "passed through" or subcontracted all or substantially all of the work to a non minority firm. In these cases, the MBE acted merely as an agent for the non minority firm in violation of Ohio Administrative Code, Section 123:2-15 01(B)(12). E. The other contracting company, known to the United States Attorney, submitted bids and was selected as prime contractor on four road paving projects set aside for minority business enterprises by the Ohio Public Works Commission. In connection with those contracts, JAMES R. SABATINE and the owner of the other contracting company, known to the United States Attorney, knowingly and intentionally certified and submitted and caused others to certify and submit, on behalf of Hardrives, false Contractor/Supplier Designation forms to the Ohio Public Works Commission and Mahoning and Trumbull Counties. The false statements on these forms involved representations that the other contracting company, known to the United States Attorney, would act as prime contractor on the contracts and perform most of the work, when in fact, that contracting company performed no work at all and passed the contracts through to Hardrives, as described in the preceding paragraph (D). F. The other contracting company, known to the United States Attorney, transferred substantially all of the funds it received on the contracts to Hardrives and other contractors who acted as sub-contractors to Hardrives on the job sites. Payments from the other contracting company to Hardrives were as follows: Amount the Other Project Name Amount Paid to Company paid and Number The Other Company to Hardrives Airport Road (1995) $12,725.30 $119,720.35 Project No. CFG12 State Street Upgrade (1995) $128,546.94 $110,230.37 Project No. CFG04 Smith Goshen Road (1996) $135,370.15 $129,718.00 Project No. CT017 Delin Thomas Road $204,221.94 $155,407.40 Project No. CF14A G. The United States Postal Service was used by and with the knowledge of JAMES R. SABATINE and the owner of the other contracting company, known to the United States Attorney, to deliver the fraudulent Contractor/Supplier Designation forms referred to above, in violation of Title 18, United States Code, Section 1341. All in violation of Title 18, United States Code, Section 1962(c). The United States Attorney further charges that: COUNT 2 (26 U.S.C. & 7206(1)) On or about May 22, 1997, in the Northern District of Ohio, Eastern Division, JAMES R. SABATINE, defendant herein, did wilfully make and subscribe a United States Individual Income Tax Return, Form 1040, for the tax year 1994 which was verified by a written declaration that it was made under penalties of perjury and filed with the Internal Revenue Service, which Income tax return he did not believe to be true and correct as to every material matter in that the said return understated his taxable income in the approximate amount of $239,000 and understated the tax due and owning the United States of America in the approximate amount of $66,920. All in violation of Title 26, United States Code, Section 7206(1). EMILY M. SWEENEY UNITED STATES ATTORNEY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA v. YAH LIN "CHARLIE' TRIE, and YUAN PEI "ANTONIO" PAN VIOLATIONS: 18 U.S.C. Section 371 (Conspiracy to Defraud and to Impair and Impede the FEC) 18 U.S.C. Section 1341 (Mail Fraud) 18 U.S.C. Section 1343 (Wire Fraud) 18 U.S.C. Section 2 (Aiding and Abetting) 18 U.S.C. Section 1001 (False Statements) 18 U.S.C, Section 371 (Conspiracy to Obstruct Justice) 18 U.S.C. Section 1512(b)(2) (Witness Tampering) 18 U.S.C. Section 1505 (Obstruction of Congressional Investigation) -------------------------------------------------------------------------------- INDICTMENT The Grand Jury for the District of Columbia charges that: Introductory Allegation 1. At all times material to this Indictment, defendant YAH LIN "CHARLIE" TRIE was a resident of Little Rock, Arkansas, and Washington, D.C. -- Page One Break -- 2. At all times material to this Indictment, defendant YAH LIN "CHARLIE" TRIE owned and operated Daihatsu International Trading Corporation ("Daihatsu"), an Arkansas corporation purportedly in the import and export business, with its principal office in Little Rock, Arkansas, and, beginning in the fall of 1994, utilized an apartment at the Watergate South complex, 700 New Hampshire Avenue, Unit 121, in Washington, D.C. ("Watergate South apartment") as an office. 3. Beginning in the Fall of 1994, defendant YAH LIN "CHARLIE" TRIE was associated with San Kin Yip International Trading Co. ("San Kin Yip"), an Arkansas corporation owned by a Macau resident, who was not a citizen of the United States nor a lawful permanent resident. Beginning in the fall of 1994, San Kin Yip shared the Watergate South apartment with Daihatsu. 4. Beginning in approximately April 1996, defendant YAH LIN "CHARLIE" TRIE owned and operated America-Asia Trade Center, Incorporated ('America-Asia'), a Washington, D.C. corporation, which shared the Watergate South apartment with Daihatsu and San Kin Yip. 5. Beginning in approximately August 1995, YUAN PEI "ANTONIO" PAN began working for YAH LIN "CHARLIE" TRIE. At some time thereafter, YUAN PEI "ANTONIO" PAN was the Chief Executive Officer of Daihatsu and Executive Director of America-Asia . Prior to August 1995, YUAN PEI "ANTONIO" PAN was a director of Lucky Port Investments, Ltd., a foreign corporation, and Senior Vice President of Lippo Group-Chinese Division. YUAN PEI "ANTONIO" PAN was a Taiwanese national and not a citizen of the United States nor a lawful permanent resident. -- Page Two Break -- 6. At all times material to this Indictment, the Federal Election Campaign Act, Title 2, United States Code, Section 431, et seq. ("FECA"), in particular, Title 2, United States Code, Section 441c, specifically prohibited 'foreign nationals' from making contributions in connection, 6% with an election to any political office or in connection with any primary election, convention, or caucus held to select candidates for any political office, or soliciting, accepting or receiving any such contribution. A 'foreign national' is an individual who is not a citizen of the United States and who is not lawfully admitted for permanent residence or any association, corporation, organization, or other combination of persons organized under the laws of, or having its principal place of business in, a foreign country. 7. At all times material to this Indictment, the FECA, in particular Title 2, United States Code, Section 441f, specifically prohibited any person from making a contribution for the purpose of influencing any election for federal office, using the name of another person or knowingly permitting his or her fine to be used to effect such a contribution, for example, by giving funds to a straw donor, known as "conduit," for the purpose of having the conduit pass the funds on to a federal candidate as the conduit's own contribution, or by reimbursing a "donor" who has already given to a candidate. -- Page Three Break -- 8. At all times material to this Indictment, the Federal Election Commission ("FEC") was an agency of the United States government, headquartered in Washington, D.C., and entrusted with the responsibility of enforcing the reporting requirements of the FECA and for directing, investigating, and instituting civil enforcement actions with respect to violations of the FECA, including the provisions refined in paragraphs 6 and 7 above. In addition, the FEC was responsible for making available to the public specific information about the amounts and sources of political contributions to federal candidates and their political committees. 9. At all times material to this Indictment, the FECA, in particular Title 2, United States Code, Section 434, required that each treasurer of a political committee file periodic reports of receipts and disbursements with the FEC. These reports identify each person who made a contribution during the relevant reporting period whose contribution or contributions had an aggregate amount or value in excess of $200 within the calendar year, together with the date and the amount of the contribution. The reports also list the mailing address and occupations of persons identified is contributors, as well as the names of their employers. -- Page Four Break -- The Democratic National Committee and the Trustee Program 10. At all times material to this Indictment, the Democratic National Committee ("DNC") [text missing] was to solicit campaign contributions and raise funds on behalf of the Democratic Party and on behalf of democratic candidates for state and federal office. 11. At all times material to this Indictment, it was the policy of the DNC not to accept contributions made: a. by foreign nationals, foreign corporations or United States subsidiaries of foreign corporations unless the funds were generated in the United States and no foreign national participated in the decision to contribute; and/or b. in the name of another person. 12. In or about 1988, the DNC established the Trustee Program for major supporters of the Democratic Party. Through this program, the DNC would provide numerous benefits and privileges to its contributors, including access to White House officials, in exchange for contributions of predetermined amounts. The DNC required that all contributions be made in accordance with applicable law and regulations including its own internal policies. 13. On or about June. 30. 1994, the DNC invited defendant YAH LIN "CHARLIE" TRIE to become a Trustee of the DNC, as a result of an aggregate -- Page Five Break -- contribution of $100,000 he made to the DNC in or about May of 1994. Thereafter, defendant, YAH LIN "CHARLIE" TRIE was given additional positions on DNC boards and councils based upon his commitment to raise or contribute substantial amounts of money to the DNC. The Conspiracy 14. From in or about April 1994 and continuing to in or about September 1996, in the District of Columbia and elsewhere, defendants YAH LIN "CHARLIE" TRIE and YUAN PEI "ANTONIO" PAN, together with persons both known and unknown to the grand jury, did knowingly conspire and agree with others to: a. Devise and intend to devise a scheme and artifice to defraud the DNC and to obtain property from the DNC by means of false and fraudulent pretenses, representations and promises and used the mails and wires in violation of Title 18, United States Code, Sections 1341 and 1343; b. Defraud the United States by impairing, impeding, defeating and obstructing the lawful functions and duties of the FEC in violation of Title 18, United States Code, Section 371. Manner and Means of the Conspiracy 15. It was part of the conspiracy that the defendants YAH LIN "CHARLIE" TRIE, YUAN PEI "ANTONIO" PAN and others acting at their request: -- Page Six Break -- a. Sought access to high level government officials in the United States for the purpose of promoting the defendants' private business activities here and abroad; b. Purchased access to high level government officials in the United States by contributing and soliciting contributions to the DNC; c. Channeled foreign money to the DNC through the use of straw or conduit contributions; d. Concealed the source of the money contributed by reimbursing conduits in cash and using multiple bank accounts; e. Received benefits from the DNC as a result of the fraudulent contributions and solicitation activities including, but not limited to, special seating at DNC functions, complimentary tickets to DNC events, membership in DNC committees and related entities, including the Trustee Program, the Democratic Business Leadership Forum and the DNC Finance Board of Directors, invitations to meetings and other events where White House personnel, including the President and Vice President of the United States, were in attendance, and administrative support of DNC employees; f. Received "credit" and recognition from the DNC as the solicitor of the contributions, thereby enabling defendant YAH LIN "CHARLIE" TRIE to meet the fundraising goals necessary to maintain his positions oil DNC committees and related entities; -- Page Seven Break -- g. Used membership in the DNC committees and related entities, including the Trustee program, the Democratic Business Leadership Forum and the DNC Finance Board of Directors to promote the defendants' private business activities; h. Deprived the DNC of the right to control how its money is spent; and i. Caused the DNC to file false campaign finance reports with the FEC. OVERT ACTS In furtherance of the conspiracy and to effect the objects thereof, the following overt acts, among others, were committed in the District of Columbia and elsewhere: 1. In or about April 1994, defendant YAH LIN "CHARLIE" TRIE requested a seat at the table of the President of the United States at the 1994 DNC Presidential Gala on June 22, 1994, in exchange for his contribution of $100,000 to the DNC. 2. [text missing] foreign, corporation for which defendant YUAN PEI 'ANTONIO" PAN was the Director, to the checking account of defendant YAH LIN "CHARLIE" TRIE at First Commercial Bank in Little Rock, Arkansas. 3. On or about May 14, 1994, defendant YAH LIN "CHARLIE" TRIE wrote a personal check from his account at First Commercial Bank in Little Rock, Arkansas to the DNC in the amount of $60,000. -- Page Eight Break -- 4. On or about May 14, 1994, defendant YAH LIN "CHARLIE" TRIE wrote a personal check from his account at First Commercial Bank in Little Rock, Arkansas to the DNC in the amount of $20,000. 5. On or about May 25,1994, defendant YAH LIN "CHARLIE" TRIE caused his wife to sign a check from their account at First Commercial Bank in Little Rock, Arkansas to the DNC in the amount of $20,000. 6. On or about June 21. 1994, defendant YAH LIN "CHARLIE" TRIE caused a check to be written from the account of Daihatsu at First Commercial Bank in Little Rock, Arkansas to the DNC in the amount of $7,500. 7. On or about June 22, 1994. defendant YAH LIN "CHARLIE" TRIE and a business associate from Macau attended the 1994 DNC Presidential Gala at the Washington Hilton Hotel in Washington, D.C. defendant YAH LIN "CHARLIE" TRIE sat with the President of the United States. 8. On or about August 1, 1994. defendant YAH LIN "CHARLIE" TRIE wrote a personal check from his account at First Commercial Bank in Little Rock, Arkansas to the DNC in the amount of $20,000. 9. On or about August 2, 1994, defendant YAH LIN "CHARLIE" TRIE was Vice Chair of, and he and a business associate from Macau attended, a DNC fundraising event and birthday celebration for the President of the United States based upon his $20,000 contribution. -- Page Nine Break -- 10. In or about August 1994, defendant YAH LIN "CHARLIE" TRIE requested the DNC to arrange for a private tour of the White House for himself and his guests and a tour of the White House for approximately twenty individuals from China. 11. In or about August 1994, defendant YAH LIN "CHARLIE" TRIE requested DNC employees to provide reference letters in support of his application to lease the Watergate South apartment, which was later used as an office for Daihatsu, San Kin Yip and America-Asia. 12. In or about early September 1994, defendant YAH LIN "CHARLIE" TRIE became a Vice Chair of the DNC's Business Leadership Forum. 13. On or about September 21, 1994, defendant YAH LIN "CHARLIE" TRIE attended an inaugural Vice Chair luncheon for the Business Leadership Forum with the Vice President of the United States. 14. On or about October 11, 1994, defendant YAH LIN "CHARLIE" TRIE directed the incorporation of San Kin Yip in Little Rock, Arkansas. 15. On or about October 20, 1994, a business associate from Macau wired $100,000 into a bank account established by defendant YAH LIN "CHARLIE" TRIE for San Kin Yip at First Commercial Bank in Little Rock, Arkansas. 16. On or about October 20, 1994, defendant YAH LIN "CHARLIE" TRIE and a business associate from Macau attended a Business Leadership Forum dinner with the Vice President of the United States. -- Page Ten Break -- 17. On or about October 20, 1994, defendant YAH LIN "CHARLIE" TRIE caused a check to be written from the account of San Kin Yip at First Commercial Bank in Little Rock, Arkansas to the DNC in the amount of $15,000. 18. On or about October 24, 1994, defendant YAH LIN "CHARLIE" TRIE requested the DNC to arrange for a private White House tour for himself and three business associates. 19. In or about January 1995, defendant YAH LIN "CHARLIE" TRIE accepted a position on the DNC Finance Board of Directors and promised to raise $350,000. 20. On or about February 16, 1995, defendant YAH LIN "CHARLIE" TRIE attended a dinner honoring the DNC Managing Trustees, which was held at the White House with the President of the United States and First Lady. 21. On or about June 21, 1995, defendant YAH LIN "CHARLIE" TRIE wrote a check on the account of Diahatsu at First Commercial Bank in Little Rock, Arkansas to the DNC in the amount of $50,000. 22. On or about June 28, 1995, defendant YAH LIN "CHARLIE" TRIE attended the 1995 DNC Presidential Gala at the Sheraton Hotel in Washington, D.C. 23. On or about September 11, 1995, defendant YAH LIN "CHARLIE" TRIE attended a DNC dinner at the White House with the Vice President of the United States. -- Page Eleven Break -- 24. On or about September 15, 1995, defendant YAH LIN "CHARLIE" TRIE attended a DNC Trustee dinner at the White House with the President of the United States. 25. On or about October 31, 1995, defendant YAH LIN "CHARLIE" TRIE signed a letter under the title "Vice Chair, Democratic National Finance Committee" to officers of two Chinese corporations inviting them to a "special luncheon honoring the President of the United States." 26. On or about November 9, 1995, defendant YAH LIN "CHARLIE" TRIE solicited a co-conspirator at a DNC fundraiser in Washington, D.C. to make a contribution to the DNC in the amount of $5,000 and subsequently reimbursed that co-conspirator in cash. 27. On or about November 13, 1995, defendant YAH LIN "CHARLIE" TRIE solicited a co-conspirator at a fundraiser if, Washington, D.C. to make a contribution to the DSCC in the amount of $2,000 and subsequently reimbursed that co-conspirator in cash. 28. On or about December 7, 1995, defendant YAH LIN "CHARLIE" TRIE requested the DNC to arrange a meeting and photo opportunity with the President of the United States for himself and a guest from Indonesia. 29. On or about December 17, 1995, defendant YAH LIN "CHARLIE" TRIE solicited a co-conspirator at a fundraiser in 'Washington, D.C, to make a contribution to -- Page Twelve Break -- the Oregon State Democratic Party in the amount of $2,000 and subsequently reimbursed the co-conspirator in cash. 30. On or about January 29, 1996, [text missing] 31. On or about February 6, 1996, defendant YAH LIN "CHARLIE" TRIE requested the DNC to arrange a private tour of the White House for the defendant YAH LIN "CHARLIE" TRIE and two business associates. 32. On or about February 6, 1996, defendant YAH LIN "CHARLIE" TRIE and a business associate attended a DNC coffee at the White House with the President of the United States. 33. On or about February 14, 1996, a co-conspirator caused a wire transfer in the amount of $150,000 from San Kin Yip Holdings Co. Ltd., Bank of China, Hong Kong Branch, into the bank account of defendant YAH LIN "CHARLIE" TRIE and a business associate from Macau at Riggs Bank in Washington, D.C. 34. On or about February 19, 1996, two co-conspirators wrote checks made payable to the DNC in the amounts of $12,500 from their personal bank accounts in California at the direction of defendant YAH LIN "CHARLIE" TRIE, for which they were later reimbursed by defendant YUAN PEI "ANTONIO" PAN. -- Page Thirteen Break -- 35. On or about February 19, 1996, defendants YAH LIN "CHARLIE" TRIE and YUAN PEI "ANTONIO" PAN, and a business associate from Macau, attended a DNC fundraising dinner with the President of the United States at the Hay-Adams Hotel in Washington, D.C. 36. On or about February 20, 1996, defendants YAH LIN "CHARLIE" TRIE and YUAN PEI "ANTONIO" PAN, and a business associate from Macau, attended a DNC breakfast meeting with the Vice President of the United States at the Hay-Adams Hotel in Washington, D.C. 37. On or about February 22, 1996, defendant YUAN PEI "ANTONIO" PAN opened a bank account in his name at Amer-Asia Bank in Flushing, New York. At that time, defendant YUAN PEI "ANTONIO" PAN deposited $25,000 in cash, and immediately purchased 5 cashiers checks in the amount of $5,000 each made payable to the individuals referred to in Paragraph 34 above. 38. On or about February 29, 1996, defendant YAH LIN "CHARLIE" TRIE caused his wife to write a check on the account of Daihatsu at First Commercial Bank in Little Rock, Arkansas to the DNC in the amount of $12,500 for defendant YAH LIN "CHARLIE" TRIE executed a Confidential Financial Disclosure Report in conjunction with his nomination to the Commission on U.S. Pacific Trade and Investment Policy. 39. On or about March 11, 1996, defendant YAH LIN "CHARLIE" TRIE executed a Confidential Financial Disclosure Report in conjunction with his nomination to the Commission on U.S. Pacific Trade and Investment Policy. -- Page Fourteen Break -- 40. On or about May 12, 1996, defendant YAH LIN "CHARLIE" TRIE wrote a check from his personal account at First Commercial Bank in Little Rock, Arkansas to the DNC in the amount of $10,000 for his attendance at the DNC Presidential Dinner at the Carlton Hotel in Washington, D.C. 41. On or about May 13, 1996, defendant YAH LIN "CHARLIE" TRIE attended a DNC Presidential dinner at the Carlton Hotel in Washington, D.C. 42. In or about July 1996, defendant YAH LIN "CHARLIE" TRIE requested a DNC employee to arrange for hotel rooms at the Democratic National Convention in Chicago, Illinois scheduled for August 1996. 43. On or about August 7, 1996 a co-conspirator caused a wire transfer in the amount of $200,000 from Compania de Investimento e Fomento Predail Goodwill, Bank of China, Macau Branch, into the bank account of defendant YAH LIN "CHARLIE" TRIE and a business associate from Macau at Riggs Bank in Washington, D.C. 44. On or about August 15,1996, defendant YAH LIN "CHARLIE" TRIE solicited a co-conspirator in California to make a conduit contribution to die DNC in the amount of $10,000 and subsequently reimbursed that co-conspirator. 45. On or about August 15, 1996, a co-conspirator caused a wire transfer in the amount of $10,000 to be made to the account of another co-conspirator (referenced in Paragraph 44 above) from the account of San Kin Yip at Riggs Bank in Washington, D.C. as reimbursement for the $10,000 contribution to the DNC. -- Page Fifteen Break -- 46. On or about August 15, 1996 a co-conspirator caused a wire transfer in the amount of $80,000 from the account of defendant YAH LIN "CHARLIE" TRIE and a business associate from Macau at Riggs Bank in Washington, D.C. to an account at the American International Bank in Los Angeles, California. 47. On or about August 15, 1996, defendant YUAN PEI "ANTONIO" PAN received [text missing] 48. On or about August 1990, defendant YUAN PEI "ANTONIO" PAN solicited a co-conspirator in California to make two conduit contributions to the DNC in the amount of $5,000 each and subsequently reimbursed that co-conspirator in cash. 49. In or about August 1996, defendant YUAN PET "ANTONIO" PAN solicited a co-conspirator in California to make a conduit contribution to the DNC in amount of $10,000 and subsequently reimbursed that co-conspirator in cash. 50. In or about August 1996, defendant YUAN PEI "ANTONIO" PAN solicited a co-conspirator in California to make a conduit contribution to the DNC in amount of $10,000 and subsequently reimbursed that co-conspirator in cash. 51. In or about August 1996, defendant YUAN PEI "ANTONIO" PAN solicited a co-conspirator in Ohio to make a conduit contribution to the DNC in amount of $10,000 and subsequently reimbursed that co-conspirator in cash. 52. In or about August 1996, defendant YAH LIN "CHARLIE" TRIE solicited a co- conspirator at the Watergate South apartment in Washington, D.C. to make a conduit -- Page Sixteen Break -- contribution to the DNC in the amount of $10,000 and subsequently reimbursed that co-conspirator in cash. 53. On or about August 18, 1996, defendant YAH LIN "CHARLIE" TRIE hand- delivered contribution checks to the DNC at a hotel room in New York, New York. 54. On or about August 18, 1996, defendants YAH LIN "CHARLIE" TRIE and YUAN PEI "ANTONIO" PAN, and a business associate from Macau, attended a DNC party in New York, New York honoring the birthday of the President of the United States, (Conspiracy to Defraud and Impair and Impede the FEC, in violation of 18 U.S.C. 371) -- Page Seventeen Break -- COUNT TWO 1. The allegations contained in paragraphs One through Thirteen of Count One of the Indictment are incorporated herein by reference as though fully set forth in this Count of the Indictment. 2. From in or about April 1994, until in or about September 1996, in the District of Columbia, and elsewhere defendants YAH LIN "CHARLIE" TRIE and YUAN PEI "ANTONIO" PAN knowingly devised and intended to devise a scheme and artifice to defraud the DNC, and to obtain from the DNC property by means of false and fraudulent pretenses, representations and promises, well knowing that the pretenses, representations and promises would be and were false when made. 3. It was part of the scheme and artifice to defraud that defendants YAH LIN "CHARLIE" TRIE and YUAN PEI "ANTONIO" PAN sought access to high level government officials in the United States for the purpose of promoting their private business activities here and abroad. 4. It was part of the scheme and artifice to defraud that defendants YAH LIN "CHARLIE" TRIE and YUAN PEI "ANTONIO" PAN purchased to high level government officials in the United States by contributing and soliciting contributions to the DNC. -- Page Eighteen Break -- Pages Nineteen, Twenty and Twenty-One are unavailable at this time. COUNT THREE 1. The allegations contained in paragraphs One through Eleven of Count TWO of the Indictment are incorporated herein by reference as though fully set forth in this Count of the Indictment. 2. On or about August 4, 1994, in the District of Columbia and elsewhere, YAH LIN "CHARLIE" TRIE, defendant herein, for the purpose of executing and attempting to execute the scheme and artifice to defraud and to obtain property by false and fraudulent pretenses, representations and promises, did knowingly cause to be delivered by express mail to the DNC in Washington, D.C. a check payable to the DNC in the amount of $20,000 from the account of defendant YAH LIN "CHARLIE" TRIE and his wife at First Commercial Bank from the U.S. Post Office in Little Rock, Arkansas. (Mail Fraud and Aiding and Abetting, 18 U.S.C. 1341 and 2) -- Page Twenty-Two Break -- COUNT FOUR 1. The allegations contained in paragraphs One through Eleven of Count Two of the Indictment are incorporated herein by reference as though fully set forth in this Count of the Indictment. 2. On or about August 26, 1994, in the District of Columbia and elsewhere, YAH LIN "CHARLIE" TRIE, defendant herein, for the purpose of executing and attempting to execute the scheme and artifice to defraud and to obtain property by false and fraudulent pretenses, representations and promises, did knowingly transmit and cause to be transmitted by means of a wire in interstate commerce, writings, signs, pictures and sounds, to wit: the facsimile transmission of a memorandum from Little Rock, Arkansas to an employee at the DNC in Washington, D.C. (Wire Fraud and Aiding and Abetting, in violation of 18 U.S.C. 1343 and 2) -- Page 23 Break -- Pages 24, 25 and 26 are unavailable at this time. COUNT FIVE 1. The allegations contained in paragraphs One through Eleven of Count Two of the Indictment are incorporated herein by reference as though fully set forth in this Count of the Indictment- 2. On or about November 9, 1995, in the District of Columbia and elsewhere, YAH LIN "CHARLIE" TRIE, defendant herein, for the purpose of executing and attempting to execute the scheme and artifice to defraud and to obtain property by false and fraudulent pretenses, representations and promises, did knowingly transmit and cause to be transmitted by means of a wire in interstate commerce, writings, signs, signals, pictures and sounds, to wit: a telephone call from the Watergate South apartment in Washington, D.C. to an individual in Gaithersburg, Maryland. (Wire Fraud and Aiding and Abetting, in violations of 18 U.S.C. 1343 and 2) -- Page 24 Break -- Pages 25 and 26 [Counts 6 and 7] are unavailable at this time. COUNT EIGHT 1. The allegations contained in paragraphs One through Eleven of Count Two of the Indictment are incorporated herein by reference as though fully set forth in this Count of the Indictment. 2. On or about August 16, 1996, in the District of Columbia and elsewhere, YAH LIN "CHARLIE" TRIE, defendant herein, for the purpose of executing and attempting to execute the scheme and artifice to defraud and to obtain property by false and fraudulent pretenses, representations and promises, did knowingly transmit and cause to be transmitted by means of a wire in interstate commerce, writings, signs, signals, pictures and sounds, to wit: a telephone call from the Watergate South apartment in Washington, D.C. to a business office in Rockville, Maryland. (Wire Fraud and Aiding and Abetting, in violation of 18 U.S.C. 1343 and 2) -- Page 27 Break -- Page 28 is unavailable at this time. Count Date Political Committee 9 01/22/96 DNC Services Corporation/Democratic National Committee 10 04/15/96 DNC Services Corporation/Democratic National Committee 11 10/15/96 DNC Services Corporation/Democratic National Committee (False Statements and Aiding and Abetting, in violation of 18 U.S.C. 1001 and 2) -- Page 29 Break -- COUNT TWELVE -- Page 29 Break -- COUNT TWELVE 1. In or about December 1996, the U.S. Senate was authorized to conduct an investigation of illegal or improper activities in connection with the 1996 federal election campaigns. 2. Prior to December 1996, a federal grand jury was convened in the District of Columbia to investigate, among other things, illegal or improper activities in connection with campaign contributions made by defendants YAH LIN "CHARLIE" TRIE and others. 3. In or about December 1996, defendant YAH LIN "CHARLIE" TRIE retained a law firm in connection with grand jury and congressional investigations into alleged federal election law violations. 4. On or about February 13, 1997, the U.S. Senate issued a subpoena to the Custodian of Records of Daihatsu seeking records that referred or related to, among other things, political contributions and the DNC. 5. In or about June 25, 1997, the federal grand jury sitting in the District of Columbia issued a grand jury subpoena to an employee of defendant YAH LIN "CHARLIE" TRIE seeking documents related to, among other things, political contributions made by defendant YAH LIN "CHARLIE" TRIE. -- Page 30 Break -- The Conspiracy 6. From in or about December 1996 continuing through October 1997, the exact dates being to the grand jury unknown, in the District of Columbia, the State of Arkansas, and elsewhere, YAH LIN "CHARLIE" TRIE, defendant herein, did knowingly and willfully conspire and agree with other persons whose names are to the grand jury both known and unknown, to commit offenses against the United States, that is, (1) to corruptly influence, obstruct, and impede and endeavor to influence, obstruct and impede the due adminstration of justice, in violation of 18 U.S.C. Section 1503; (2) to corruptly impede and endeavor to impede the due and proper exercise of the power of inquiry under which any inquiry and investigation was being had before the United States Senate, and any committee of the United States Senate and any joint committee of the Congress, in violation of 18 U.S.C. Section 1505; and, (3) to corruptly persuade another person with the intent to cause and induce said person to "withhold a record and document from an official proceeding and to alter, destroy, mutilate and conceal an object with the intent to impair the object's integrity and availability for use in an official proceeding, in violation of 18 U.S.C. Section 1512 (b) (2). -- Page 31 Break -- Manner and Means of the Conspiraracy 7. It was part of the conspiracy that defendant YAH LIN "CHARLIE" TRIE and his co-conspirator(s) did utilize the telephones for the purpose of communicating with his co-conspirator(s) about the alteration, destruction, mutilation and concealment of documents. 8. It was further part of the conspiracy that defendant YAH LIN "CHARLIE" TRIE and his co-conspirator(s) did attempt to conceal from law enforcement and others the alteration, destruction, mutilation and concealment of records by causing false statements to be made to the United States Senate and to federal law enforcement. 9. It was further part of the conspiracy that defendant YAH LIN "CHARLIE" TRIE and his co-conspirator(s) did alter, destroy, mutilate and conceal documents responsive to subpoenas issued by the United States Senate and by a federal grand jury. OVERT ACTS In furtherance of the conspiracy and to effect the objects thereof the following overt acts, among others, were committed in the District of Columbia and elsewhere: 1. In or about December 1996, defendant YAH LIN "CHARLIE" TRIE called a co-conspirator in Rockville, Maryland and discussed a campaign contribution made by the co-conspirator at the direction of defendant YAH LIN "CHARLIE" TRIE in August, 1996. -- Page 32 Break -- 2. In or about January 1997, defendant YAH LIN "CHARLIE" TRIE called a co- conspirator in Little Rock, Arkansas to discuss the pending grand jury and congressional investigations and the documents of Daihatsu. 3. In or about March 7, 1997, a co-conspirator left a message on a telephone answering machine located in Washington, D.C. for the purpose of contacting defendant YAH LIN "CHARLIE" TRIE about a U.S. Senate subpoena served on Daihatsu. 4. In or about March 1997, defendant YAH LIN "CHARLIE" TRIE called a co- conspirator in Little Rock, Arkansas and asked the co-conspirator to get rid of documents responsive to the U.S. Senate subpoena. 5. In or about March 1997, a co-conspirator falsely told the attorneys for Daihatsu and for the defendant YAH LIN "CHARLIE" TRIE that all documents responsive to the, subpoena issued by the U.S. Senate were available for their review and inspection in Little Rock, Arkansas. 6. In or about June 1997, a co-conspirator left a message for defendant YAH LIN "CHARLIE" TRIE on a telephone answering machine located in Washington, D.C. 7. On or about October 21, 1997, a co-conspirator falsely told agents of the Federal Bureau of Investigation at a meeting in Washington, D.C. that all documents responsive to a federal grand jury subpoena dated June 25, 1997 had been produced. -- Page 33 Break -- 8. On or about October 22, 1997, after producing a number of additional documents on that date, a co-conspirator falsely told agents of the Federal Bureau of Investigation at a meeting in Washington, D.C. that all documents responsive to a federal grand jury subpoena dated June 25, 1997 had been produced. (Conspiracy to Obstruct Justice, in violation of 18 U.S.C. 371) -- Page 34 Break -- COUNT THIRTEEN 1. The allegations contained in paragraphs One through Five of Count Twelve of the Indictment are incorporated herein by reference as though fully set forth in this Count of the Indictment. 2. In or about January, 1997, in the District of Columbia, the State of Arkansas, and elsewhere, YAH LIN "CHARLIE" TRIE, defendant herein, did corruptly persuade another person with the intent to cause and induce said person to withhold a record and document from an official proceeding and to alter, destroy, mutilate and conceal an object with the intent to impair the object's integrity and availability for use in an official proceedings to wit: by telling and instructing another person to alter, destroy, mutilate, and conceal documents. (Witness Tampering and Aiding said Abetting, in violation of 18 U.S.C. 1512(b)(2) and 2) -- Page 35 Break -- COUNT FOURTEEN 1. The allegations contained in paragraphs One through Five of Count Twelve of the Indictment are incorporated herein by reference as though fully set forth in this Count of the Indictment. 2. On or about March 7, 1997, in the District of Columbia, the State of Arkansas, and elsewhere, YAH LIN "CHARLIE" TRIE, defendant herein, did corruptly impede and endeavor to impede the due and proper exercise of the power of inquiry under which any inquiry and investigation was being had before the United States Senate and any committee of the United States Senate and any joint committee of the Congress, to wit: by instructing another person to alter, destroy, mutilate, conceal and otherwise fail to produce documents responsive to a subpoena issued by the United States Senate Committee on Governmental Affairs. (Obstruction of Congressional Investigation and Aiding and Abetting, in violation of 18 U.S.C. 1505 and 2)