Racketeering Conspiracy Bribery & Kickbacks
US v Hector Trujillo December 4, 2015
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Racketeering Conspiracy Bribery and Kickbacks - US v Hector Trujillo December 4, 2015
Cruise Bruise Investigates - United States v Héctor TrujilloWhat do you do when you're about to go to U.S. Federal prison, for the rest of your natural life? You take a cruise, just like Peter Mizioch did.
Friday, December 4, 2015 Guatemalan Judge Héctor Trujillo, 62, was arrested by U.S. Customs and Border Protection agents who boarded Disney Dream and went to Trujillo's cruise ship cabin. Trujillo was on Disney Cruise Line's Disney Dream docked at Port Canaveral, Florida, when he was arrested after cruise ship docked at 1545 hours..
Hector Trujillo was indicted in 240 page indictment by United States Attorney along with Alfredo Hawit, Ariel Alvarado , Rafael Callejas, Brayan Jimenez , Eduardo Li, Julio Rocha, Rafael Salguero, Costas Takkas, Reynaldo Vasquez, Jack Warner, J Uan Angel Napout, Manuel Burga, Carlos Chavez, Luis Chi Riboga, Marco Polo Del Nero, Eduardo Deluca, Rafael Esquivel, Eugenio Figueredo, Nicolas Leoz, Jose Maria Marin, Jose Luis Meiszner, Romer Osuna, Ricardo Teixei Ra, Aaron Davidson, Hugo Jinkis and Mariano Jinkis..
Hector Trujillo the indictment says "is a citizen of Guatemala, was an individual employed by and associated with the enterprise. From in or about at least 2010 to the present, Trujillo was the general secretary of FENAFUTG." The National Football Federation of Guatemala (Spanish: Federación Nacional de Fútbol de Guatemala), known as FedefutGuate or FENAFUTG. FENAFUTG is a member of Fédération Internationale de Football Association (FIFA).
The indictment says, "At various times relevant to the Indictment, including the present, Trujillo was also a judge on the Constitutional Court of Guatemala.".
The indictment pertaining to Hector Trujillo says, "To further their corrupt ends, the defendants and their co-conspirators provided one another with mutual aid and protection. The conspirators engaged in conduct designed to prevent the detection of their illegal activities, to conceal the location and ownership of proceeds of those activities, and to promote the carrying on of those activities. The conduct engaged in by various members of the conspiracy included, among other things: the use of "consulting services" agreements and other similar types of contracts to create an appearance of legitimacy for illicit payments; the use of various mechanisms, including trusted intermediaries, bankers, financial advisors, and currency dealers, to make and facilitate the making of illicit payments; the creation and use of shell companies, nominees, and numbered bank accounts in tax havens and other secretive banking jurisdictions; the active concealment of foreign bank accounts; the structuring of financial transactions to avoid currency reporting requirements; bulk cash smuggling; the purchase of real property and other physical assets; the use of safe deposit boxes; income tax evasion; and obstruction of justice. Within the United States, such conduct took place within the Eastern District of New York and elsewhere.".
The indictment continues, "The damage inflicted by the defendants and their co-conspirators was far-reaching. By conspiring to enrich themselves through bribery and kickback schemes relating to media and marketing rights, among other schemes, the defendants deprived FIFA, the confederations, and their constituent organizations - and, therefore, the national member associations, national teams, youth leagues, and development programs that reLied on financial support from their parent organizations - of the full value of those rights. In addition, the schemes had powerful anti-competitive effects, distorting the market for the commercial rights associated with soccer and undermining the ability of other sports marketing companies to compete for such rights on terms more favorable to the rightsholders. Finally, the schemes deprived FIFA, the confederations, and their constituent organizations of their right to the honest and loyal services of the soccer officials involved. Over time, and in the aggregate, such deprivations inflicted significant reputational harm on the victimized institutions, damaging their prospects for attracting conscientious members and leaders and limiting their ability to operate effectively and carry out their core missions.".
The indictment outlines the "Racketeering Conspiracy" as follows. "Over a period of approximately 25 years, the defendants and their co-conspirators rose to positions of power and influence in the world of organized soccer. During that same period, sometimes with the assistance of the defendants and their co-conspirators, a network of marketing companies developed to capitalize on the expanding media market for the sport, particularly in the United States. Over time, the organizations formed to promote and govern soccer in regions and localities throughout the world, including the United States, became increasingly intertwined with one another and with the sports marketing companies that enabled them to generate unprecedented profits through the sale of media rights to soccer matches. The corruption of the enterprise arose and flourished in this context.".
The crimes are outlined, stating, "Certain individuals and entities employed by and associated with the enterprise, Hector Trujillo including together with others, conspired with one another to use their positions within the enterprise to engage in schemes involving the solicitation, offer, acceptance, payment, and receipt of undisclosed and illegal payments, bribes, and kickbacks. Although they also helped pursue the principal purpose of the enterprise, the defendants and their coconspirators corrupted the enterprise by engaging in various criminal activities, including fraud, bribery, and money laundering, in pursuit of personal and commercial gain. The defendants also participated in the corruption of the enterprise by conspiring with and aiding and abetting their co-conspirators in the abuse of their positions of trust and the violation of their fiduciary duties.".
More of the specifics of the indictment related to Hector Trujillo are documented. "In or about 2010, the defendants BRAYAN JIMENEZ and HECTOR TRUJILLO were the president and general secretary, respectively, of FENAFUTG, the Guatemalan soccer federation. On or about March 16, 2010, Media World entered into a contract with FENAFUTG for the media and marketing rights it owned for qualifier matches to be played in advance of the 2018 World Cup. The contract was signed by Roger Huguet on behalf of Media World and by JIMENEZ on behalf of FENAFUTG.".
"In the course of negotiating the contract, Fabio Tordin met in Miami, Florida with the defendants BRAYAN JIMENEZ, HECTOR TRUJILLO, and RAFAEL SALGUERO. At the time, SALGUERO, the former FENAFUTG president, was one of three members on the FIFA executive committee representing the CONCACAF region and retained influence over FENAFUTG. During the meeting, the conspirators agreed that Media World would pay a six-figure bribe, to be split among JIMENEZ, TRUJILLO, and SALGUERO, in order to obtain FENAFUTG's rights to its 2018 World Cup qualifier matches. The bribe was subsequently paid by wire transfers from Media World's account at Bank of America in Miami, Florida.".
"On or about July 9, 2015, Fabio Tordin met with the defendants BRAYAN JIMENEZ and HECTOR TRUJILLO in Chicago, Illinois. During the meeting, the men discussed the manner in which they had received the bribe payments described above for the 2022 World Cup qualifying matches. At the outset of the conversation, JIMENEZ stated, "Nothing should be said over the telephone. Nothing! ... Nothing! Nothing!".
"In or about and between January 2009 and the present, both dates being approximate and inclusive, within the Southern District of New York, the defendants BRAYAN JIMENEZ, RAFAEL SALGUERO, and HECTOR TRUJILLO, together with others, did knowingly and intentionally conspire to devise a scheme and artifice to defraud ·FIFA, CONCACAF and FENAFUTG and their constituent organizations, including to deprive FIFA, CONCACAF and FENAFUTG and their constituent organizations of their respective rights to honest and faithful services through bribes and kickbacks, and to obtain money and property by means of materially false and fraudulent pretenses, representations, and promises, and for the purpose of executing such scheme . . .".
"On or about the dates set forth below, within the Southern District of New York and the Southern District of Florida, the defendants BRAYAN JIMENEZ, RAFAEL SALGUER0 1 and HECTOR TRUJILLO, together with others, did knowingly and intentionally devise a scheme and artifice to defraud FIFA, CONCACAF, and FENAFUTG and their constituent organizations,. including to deprive FIFA1 CONCACAF, and FENAFUTG and their constituent organizations of their respective rights to honest and faithful services through bribes and kickbacks, and to obtain money and property by means of materially false and fraudulent prete,nses, representations and promises..
"Date Wire Communication March 28, 2014, July 22, 2014. Wire transfer of $200,000 from Media World's Account at Bank of America in Miami, Florida to an account at JP Morgan Chase Bank in Seattle, Washington in the name of Construction Company A. Wire transfer of $50,000 from Media World's account at Bank of America in Miami, Florida to an account at Banco G&T in Guatemala controlled by CoConspirator #19.".
"The corruption of the enterprise became endemic. Certain defendants and their co-conspirators rose to power, unlawfully amassed significant personal fortunes by defrauding the organizations they were chosen to serve, and were exposed and then either expelled from those organizations or forced to resign. Other defendants and their co-conspirators came to power in the wake of scandal, promising reform. Rather than repair the harm done to the sport and its institutions, however, these defendants and their co-conspirators quickly engaged in the same unlawful practices that had enriched their predecessors. In some instances, these practices continued even after the original indictment returned by the Grand Jury in this case was unsealed on May 27, 2015 and most of the defendants charged in that indictment were arrested..
"Over the period of the Indictment, the defendants and their co-conspirators were involved in criminal schemes involving the agreement to pay and receive well over $200 million in bribes and kickbacks.".
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