孟晚舟引渡案: 2018年12月1日被拘捕；2019年3月1日，加正式启动引渡程序；BC最高法院引渡听证2021年8月18日结束，法官未作出裁决；9月24日孟晚舟与美国政府达成协议，美国撤销引渡请求，BC法院终止引渡程序; 2022年12月1日美国撤销指控

  • 主题发起人 主题发起人 ccc
  • 开始时间 开始时间
拜登与习电话中的deal？！
 

China releases detained Canadians Kovrig, Spavor after extradition against Meng Wanzhou dropped

Prime Minister Justin Trudeau says China has released detained Canadians Michael Kovrig and Michael Spavor after Huawei executive Meng Wanzhou and U.S. Justice Department officials reached a deal to resolve the criminal charges against her and a B.C. judge discharged the extradition matter.
beta.ctvnews.ca beta.ctvnews.ca


Canada drops extradition matter after Meng Wanzhou strikes deal with U.S. justice officials​

Published Sept. 24, 2021 9:59 a.m. ET
Updated Sept. 24, 2021 6:19 p.m. ET

OTTAWA / TORONTO -- A B.C. judge has discharged the extradition matter against Huawei executive Meng Wanzhou after U.S. Justice Department officials reached a deal to resolve the criminal charges against her, allowing Meng, who has been at the centre of a years-long major geopolitical case, to enter into a deferred prosecution agreement and leave Canada, under certain terms.

Associate Chief Justice Heather Holmes signed the order of discharge in Meng's extradition case on Friday afternoon, ending a nearly three-year legal saga.

Holmes thanked Meng for her behaviour during the hearing and released her from bail conditions.

Speaking outside the courthouse to reporters, Meng thanked Holms for her "fairness" during the proceedings, as well as her lawyers, family and friends for helping her through this "tough time."

"I also appreciate the Crown for their professionalism, and the Canadian government for upholding the rule of law," Meng said. "I’m also grateful to the Canadian people and media friends for your tolerance. Sorry for the inconvenience caused."

Over the past three years, Meng said her life has been "turned upside down."

Meng -- who is the daughter of Huawei founder Ren Zhengfei — has been under house arrest in Vancouver since she was first taken into custody at Vancouver International Airport in December 2018 on a U.S. warrant related to the company’s business dealings in Iran.

Facing charges of conspiracy to commit bank fraud, conspiracy to commit wire fraud, bank fraud, and wire fraud, Meng has claimed her innocence throughout the process, and has been fighting the extradition through Canadian courts.

The discharge of the extradition matter comes after the Chinese telecom giant CFO appeared virtually in a New York courtroom Friday morning and pled "not guilty" to all charges and a U.S. judge signed off on a deferred prosecution agreement.

"Meng made multiple material misrepresentations to a senior executive of a financial institution regarding Huawei’s business operations in Iran in an effort to preserve Huawei’s banking relationship with the financial institution… Meng’s admissions confirm the crux of the government’s allegations in the prosecution of this financial fraud," read the statement, which details at length the agreed statement of facts in the case.

The judge allowed the release of Meng on a personal recognizance bond, with the charges against her set to be dismissed pending good behaviour, as of Dec. 1, 2022, four years to the day when she was taken into custody at Vancouver International Airport in 2018.

"Meng also has agreed not to commit other federal, state or local crimes. If Meng breaches the agreement, she will be subject to prosecution of all the charges against her in the third superseding indictment filed in this case," read the statement.

Following the ruling in B.C., Canada's Department of Justice issued a statement confirming that the U.S. had dropped its extradition request.

"As a result, there is no basis for the extradition proceedings to continue and the Minister of Justice’s delegate has withdrawn the Authority to Proceed, ending the extradition proceedings. The judge released Meng Wanzhou from all of her bail conditions. Meng Wanzhou is free to leave Canada," the statement read.

The Department of Justice said "Canada is a rule of law country" and that Meng was "afforded a fair process before the courts in accordance with Canadian law."

"This speaks to the independence of Canada’s judicial system," the statement read.

Acting Assistant Attorney General for the Justice Department’s National Security Division Mark J. Lesko said in a statement that the U.S. is "enormously grateful" to Canada's Department of Justice for its "dedicated work on this extradition and for its steadfast adherence to the rule of law."

Meng’s lawyer said in a statement following the decision in the U.S. that he was "very pleased" with the deal reached.

"We fully expect the indictment will be dismissed with prejudice after 14 months. Now, she will be free to return home to be with her family," said William W. Taylor, III.

CTV News has spoken with one source who says Meng's deferred prosecution negotiations with the U.S. Department of Justice have been underway for months, and did not include any agreement related to the ongoing detention of Canadians Michael Kovrig and Michael Spavor in China.

Kovrig and Spavor were detained just days after Meng's arrest and have now been in Chinese custody for 1,019 days on espionage charges that have largely been viewed as a retaliatory response to Canada’s arrest of Meng.

Both men have stood trial, and Spavor has been handed down an 11-year sentence, while Kovrig has yet to be sentenced. It’s not clear if today’s developments would have any impact on their cases.

"I'd like to be able to say 'next Tuesday at one o'clock, they'll be home,' but the Chinese regime does not work like that. It's possible that more concessions may be taken out from Canada to get them back home," said Margaret McCuaig-Johnston, a science, society and policy senior fellow at the University of Ottawa in an interview on CTV News Channel. "But certainly behind the scenes, our ambassador will be working furiously with his people on the ground in Beijing to press for their immediate release."

Canadian officials acting on the U.S. request inflamed diplomatic tensions between Canada and China, and over the years relations have been considerably strained, resulting in a series of trade actions, and a rallying of international allies in condemnation of China’s bucking of international rule of law.

Prime Minister Justin Trudeau has previously shot down suggestions that Canada should consider exchanging the two Canadians for Meng, citing the need for the matter to work its way through the legal system.

This came after a spokesman for the Chinese foreign ministry suggested in 2020 that Canada halting its attempt to extradite Meng could affect the fates of Kovrig and Spavor, a departure from China’s consistent denials that the cases were in any way connected.
 
最后编辑:
Cyrus Janssen 讲得比较清楚，对于 fraud 的控罪，孟晚舟一方明确地 plead not guilty。
1. Deferred Prosecution Agreement 不等于今天早些时候报道的 plead guilty
2. 华为大概会缴纳一笔罚金

我猜 Michael Spavor 如果只是在丹东涉及对朝情报 (比如中朝物资输送) 的问题，或许在孟返回后会公布一些证据，然后声称以医学原因驱逐出境之类的。

Deferred Prosecution Agreement 原文并没有司法部解释的内容里的 mislead，perpetrate a scheme，defraud 这些字眼
所以孟晚舟一方必定会有不同于司法部对于 签 DPA 的解释，各自表述。




法庭上此前的辩护承认了以 Skycom 公司为名向伊朗销售华为设备，plead not guilty 否认引渡所提的 fraud 控罪（HSBC 知道 Skycom 后面就是华为，这一证据不需要 Holmes 法官再纠结要不要采纳了）。
 
最后编辑:

Statement of William W. Taylor, III, Counsel to Sabrina Meng

/PRNewswire/ -- United States Department of Justice (DOJ) and Huawei Technologies Chief Financial Officer Sabrina Meng have reached a deferred prosecution...
www.prnewswire.com www.prnewswire.com

Statement of William W. Taylor, III, Counsel to Sabrina Meng​


News provided by
Zuckerman Spaeder
Sep 24, 2021, 15:41 ET

WASHINGTON, Sept. 24, 2021 /PRNewswire/ -- United States Department of Justice (DOJ) and Huawei Technologies Chief Financial Officer Sabrina Meng have reached a deferred prosecution agreement (DPA) in a case bringing federal charges against Ms. Meng for bank and wire fraud. In 2018, Ms. Meng was arrested in Canada in connection with the U.S. charges, and since that time, she has been living in Canada while a Canadian court considers the United States' request for Ms. Meng's extradition. Zuckerman Spaeder partner William W. Taylor, III, one of the lawyers who represents Ms. Meng, issued the following statement:

"I'm very pleased that Sabrina Meng and the U.S. Department of Justice have reached a deferred prosecution agreement (DPA) and it has been approved by Judge Donnelly. Under the terms of this agreement, Ms. Meng will not be prosecuted further in the United States and the extradition proceedings in Canada will be terminated. She has not pleaded guilty and we fully expect the indictment will be dismissed with prejudice after fourteen months. Now, she will be free to return home to be with her family."
 

Statement from the Department of Justice Canada - Canada.ca

The Department of Justice Canada issued today the following statement:
www.canada.ca www.canada.ca

Statement from the Department of Justice Canada​

From: Department of Justice Canada

Statement​

Extradition in Canada​

September 24, 2021 - Ottawa, ON - Department of Justice Canada

The Department of Justice Canada issued today the following statement:

“Today, counsel for the Department of Justice attended a case management conference regarding the extradition proceedings for Meng Wanzhou. We informed the Court that on September 24 the US Department of Justice withdrew their request for Canada to extradite Meng Wanzhou to the United States. As a result, there is no basis for the extradition proceedings to continue and the Minister of Justice’s delegate has withdrawn the Authority to Proceed, ending the extradition proceedings. The judge released Meng Wanzhou from all of her bail conditions. Meng Wanzhou is free to leave Canada.

Canada is a rule of law country. Meng Wanzhou was afforded a fair process before the courts in accordance with Canadian law. This speaks to the independence of Canada’s judicial system.”
 
www.justice.gov

Huawei CFO Wanzhou Meng Admits to Misleading Global Financial Institution

The Chief Financial Officer of Huawei Technologies Co. Ltd., Wanzhou Meng, 49, of the People’s Republic of China (PRC), appeared today in federal district court in Brooklyn, entered into a deferred prosecution agreement (DPA) and was arraigned on charges of conspiracy to commit bank fraud and...
www.justice.gov www.justice.gov

Department of Justice
Office of Public Affairs


FOR IMMEDIATE RELEASE
Friday, September 24, 2021

Huawei CFO Wanzhou Meng Admits to Misleading Global Financial Institution​

Meng Enters into Deferred Prosecution Agreement to Resolve Fraud Charges​


The Chief Financial Officer of Huawei Technologies Co. Ltd., Wanzhou Meng, 49, of the People’s Republic of China (PRC), appeared today in federal district court in Brooklyn, entered into a deferred prosecution agreement (DPA) and was arraigned on charges of conspiracy to commit bank fraud and conspiracy to commit wire fraud, bank fraud and wire fraud.

“In entering into the deferred prosecution agreement, Meng has taken responsibility for her principal role in perpetrating a scheme to defraud a global financial institution,” said Acting U.S. Attorney Nicole Boeckmann for the Eastern District of New York. “Her admissions in the statement of facts confirm that, while acting as the Chief Financial Officer for Huawei, Meng made multiple material misrepresentations to a senior executive of a financial institution regarding Huawei’s business operations in Iran in an effort to preserve Huawei’s banking relationship with the financial institution. The truth about Huawei’s business in Iran, which Meng concealed, would have been important to the financial institution’s decision to continue its banking relationship with Huawei. Meng’s admissions confirm the crux of the government’s allegations in the prosecution of this financial fraud — that Meng and her fellow Huawei employees engaged in a concerted effort to deceive global financial institutions, the U.S. government and the public about Huawei’s activities in Iran.”

“This Deferred Prosecution Agreement will lead to the end of the ongoing extradition proceedings in Canada, which otherwise could have continued for many months, if not years,” said Acting Assistant Attorney General Mark J. Lesko for the Justice Department’s National Security Division. “We are enormously grateful to Canada’s Department of Justice for its dedicated work on this extradition and for its steadfast adherence to the rule of law.”

“Financial institutions are our first line of defense in maintaining the safety and security of the U.S. financial system,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “That is why the law requires that companies who avail themselves of the U.S. financial system provide financial institutions with truthful information about their business operations. Meng Wanzhou, CFO of Huawei Technologies, admitted today that she failed to tell the truth about Huawei’s operations in Iran, and as a result the financial institution continued to do business with Huawei in violation of U.S. law. Our prosecution team continues to prepare for trial against Huawei, and we look forward to proving our case against the company in court.”

“Meng's admissions are evidence of a consistent pattern of deception to violate U.S. law,” said Assistant Director Alan E. Kohler Jr. of the FBI’s Counterintelligence Division. “The FBI will continue to aggressively investigate companies doing business in the United States when there are signs they behave with contempt for our laws.”

The Scheme to Defraud Financial Institutions
According to court documents, and as agreed to by Meng in the DPA’s statement of facts, Skycom Tech. Co. Ltd. (Skycom) was a Hong Kong company that primarily operated in Iran. As of February 2007, Skycom was wholly owned by a subsidiary of Huawei Technologies Co., Ltd. (Huawei), Hua Ying Management (Hua Ying). In November 2007, Hua Ying transferred its shares of Skycom to another entity that Huawei controlled, Canicula Holdings (Canicula). At the time Hua Ying transferred its Skycom shares to Canicula, Meng was the Secretary of Hua Ying.

In February 2008, after Huawei transferred ownership of Skycom from Hua Ying to Canicula, Meng joined Skycom’s Board of Directors, which was comprised of Huawei employees. She served on the Board until April 2009. After Meng departed from Skycom’s Board, Skycom’s Board members continued to be Huawei employees, Canicula continued to own Skycom, and Canicula continued to be controlled by Huawei. As of August 2012, Huawei included Skycom among a list of “other Huawei subsidiaries” in Huawei corporate documents written in English.

Between 2010 and 2014, Huawei controlled Skycom’s business operations in Iran, and Skycom was owned by an entity controlled by Huawei. All significant Skycom business decisions were made by Huawei. Moreover, Skycom’s countrymanager – the head of the business – was a Huawei employee. Individuals employed by Skycom believed they worked for Huawei.

During the same time period, Huawei employees engaged with a U.K. staffing company to provide engineers in Iran to support Skycom’s work with Iranian telecommunications service providers. Negotiations and contracting on behalf of Skycom were conducted by Huawei employees. To pay for these contractors, Huawei sent at least $7.5 million to the U.K. staffing company in a series of approximately 80 payments from Skycom’s bank accounts in Asia, including at a multinational financial institution (Financial Institution 1), to the U.K. staffing company’s account in the United Kingdom. The transactions were denominated in U.S. dollars and cleared through the United States.

In December 2012 and January 2013, various news organizations, including Reuters, reported that Skycom offered to sell “embargoed” equipment from a U.S. computer equipment manufacturer in Iran in potential violation of U.S. export controls law, and that Huawei had close ties with Skycom. In a statement to Reuters published in a December 2012 article, Huawei claimed that Skycom was one of its “major local partners” in Iran. Reuters reported that Huawei had further stated that “Huawei’s business in Iran is in full compliance with all applicable laws and regulations including those of the U.N., U.S. and E.U. This commitment has been carried out and followed strictly by our company. Further, we also require our partners to follow the same commitment and strictly abide by the relevant laws and regulations.”

In January 2013, a subsequent Reuters article reported that Meng served on the Board of Directors of Skycom between February 2008 and April 2009 and identified other connections between Skycom directors and Huawei. The article also quoted the following statement from Huawei: “The relationship between Huawei and Skycom is a normal business partnership. Huawei has established a trade compliance system which is in line with industry best practices and our business in Iran is in full compliance with all applicable laws and regulations including those of the UN. We also require our partners, such as Skycom, to make the same commitments.” This statement was incorrect, as Huawei operated and controlled Skycom; Skycom was therefore not Huawei’s business “partner.”

After these articles were published, Financial Institution 1 and other global financial institutions that provided international banking services to Huawei (collectively, the “Financial Institutions”), including U.S. dollar-clearing, made inquiries to Huawei in response to the above-described press reports. In early 2013, Huawei employees represented to the Financial Institutions that Skycom was just a local business partner of Huawei in Iran and that Skycom had not conducted Iran-related transactions using its accounts at the Financial Institutions.

To address the allegations in the news reports, Huawei requested an in-person meeting with a senior Financial Institution 1 employee. That meeting occurred on Aug. 22, 2013 in Hong Kong, at which time Meng met with an executive of Financial Institution 1 responsible for operations in the Asia Pacific region. During the meeting, Meng delivered a PowerPoint presentation written in Chinese, which was translated by an interpreter into English. Meng stated that she was using an interpreter to be precise in her language.

In her presentation, Meng stated, among other things, that Huawei’s relationship with Skycom was “normal business cooperation” and “normal and controllable business cooperation,” and she described Skycom as a “partner,” a “business partner of Huawei,” and a “third party Huawei works with” in Iran. Those statements were untrue because, as Meng knew, Skycom was not a business partner of, or a third party working with, Huawei; instead, Huawei controlled Skycom, and Skycom employees were really Huawei employees. It would have been material to Financial Institution 1 to know that Huawei controlled Skycom.

In addition, Meng stated that Huawei “was once a shareholder of Skycom” but had “sold all its shares in Skycom.” Those statements were untrue, because, as Meng knew, Huawei had “sold” its shares to an entity that Huawei controlled. Specifically, Huawei transferred Skycom shares from a Huawei subsidiary (Hua Ying) to another entity that was controlled by Huawei (Canicula). It would have been material to Financial Institution 1 to know that Skycom was transferred from one Huawei-controlled entity to another.

Finally, Meng stated that Huawei “operates in Iran in strict compliance with applicable laws, regulations and sanctions” and that “there has been no violation of export control regulations” by “Huawei or any third party Huawei works with.” These statements were untrue because Huawei’s operation of Skycom, which caused the Financial Institutions to provide prohibited services, including banking services, for Huawei’s Iran-based business while Huawei concealed Skycom’s link to Huawei, was in violation of the U.S. Department of the Treasury’s Office of Foreign Assets Control’s Iranian Transactions and Sanctions Regulations, 31 C.F.R. Part 560. Moreover, between 2010 and 2014, Huawei caused Skycom to conduct approximately $100 million worth of U.S.-dollar transactions through Financial Institution 1 that cleared through the United States, at least some of which supported its work in Iran in violation of U.S. law, including $7.5 million for Iran-based contractors from the U.K. staffing company to do work in Iran.

At no point during or after the meeting did Meng, who was aware of Huawei’s public statements about Skycom in Reuters, retract or amend any of those statements. Moreover, Huawei’s Treasurer, who also attended the August meeting, did not correct or amend any of the statements made by Meng.

Shortly after the meeting between Meng and Financial Institution 1, Huawei prepared an English version of the PowerPoint presentation at Financial Institution 1’s request. Meng later arranged for a paper copy of that PowerPoint presentation to be delivered to the Financial Institution 1 executive she had met with in September 2013. The representations in the English version of the PowerPoint presentation closely tracked the ones Meng had made during the meeting.

After the meeting and subsequent to receipt of Meng’s PowerPoint presentation, Financial Institution 1 decided to continue its relationship with Huawei. The other Financial Institutions similarly continued their respective relationships with Huawei.

The DPA
Under the terms of the DPA, Meng has agreed to the accuracy of a four-page statement of facts that details the knowingly false statements she made to Financial Institution 1. Meng also has agreed not to commit other federal, state or local crimes. If Meng breaches the agreement, she will be subject to prosecution of all the charges against her in the third superseding indictment filed in this case. The government also agreed to withdraw its request to the Ministry of Justice of Canada that Meng be extradited to the United States.

Assistant U.S. Attorneys Alexander A. Solomon, Julia Nestor, David K. Kessler, Sarah M. Evans and Meredith A. Arfa for the Eastern District of New York; Trial Attorneys Laura Billings and Christian Nauvel for the Criminal Division’s Money Laundering and Asset Recovery Section; and Trial Attorneys Thea D. R. Kendler, David Lim and R. Elizabeth Abraham of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case. Valuable assistance was provided by Assistant U.S. Attorneys Brian Morris and Brendan King of the Eastern District of New York’s Civil Division and Associate Director John Riesenberg, Attaché Andrew Finkelman of U.S. Embassy Paris and former Trial Attorney Margaret O’Malley of the Justice Department’s Office of International Affairs.
 
Deferred Prosecution Agreement 原文并没有司法部解释的内容里的 mislead，perpetrate a scheme，defraud 这些字眼
https://www.justice.gov/opa/press-release/file/1436211/download
所以孟晚舟一方必定会有不同于司法部对于 签 DPA 的解释，各自表述。

法庭上此前的辩护承认了以 Skycom 公司为名向伊朗销售华为设备，plead not guilty 否认引渡所提的 fraud 控罪（HSBC 知道 Skycom 后面就是华为，这一证据不需要 Holmes 法官再纠结要不要采纳了）。
ccc 说:
www.justice.gov

Huawei CFO Wanzhou Meng Admits to Misleading Global Financial Institution

The Chief Financial Officer of Huawei Technologies Co. Ltd., Wanzhou Meng, 49, of the People’s Republic of China (PRC), appeared today in federal district court in Brooklyn, entered into a deferred prosecution agreement (DPA) and was arraigned on charges of conspiracy to commit bank fraud and...
www.justice.gov www.justice.gov

Department of Justice
Office of Public Affairs


FOR IMMEDIATE RELEASE
Friday, September 24, 2021

Huawei CFO Wanzhou Meng Admits to Misleading Global Financial Institution​

Meng Enters into Deferred Prosecution Agreement to Resolve Fraud Charges​


The Chief Financial Officer of Huawei Technologies Co. Ltd., Wanzhou Meng, 49, of the People’s Republic of China (PRC), appeared today in federal district court in Brooklyn, entered into a deferred prosecution agreement (DPA) and was arraigned on charges of conspiracy to commit bank fraud and conspiracy to commit wire fraud, bank fraud and wire fraud.

“In entering into the deferred prosecution agreement, Meng has taken responsibility for her principal role in perpetrating a scheme to defraud a global financial institution,” said Acting U.S. Attorney Nicole Boeckmann for the Eastern District of New York. “Her admissions in the statement of facts confirm that, while acting as the Chief Financial Officer for Huawei, Meng made multiple material misrepresentations to a senior executive of a financial institution regarding Huawei’s business operations in Iran in an effort to preserve Huawei’s banking relationship with the financial institution. The truth about Huawei’s business in Iran, which Meng concealed, would have been important to the financial institution’s decision to continue its banking relationship with Huawei. Meng’s admissions confirm the crux of the government’s allegations in the prosecution of this financial fraud — that Meng and her fellow Huawei employees engaged in a concerted effort to deceive global financial institutions, the U.S. government and the public about Huawei’s activities in Iran.”

“This Deferred Prosecution Agreement will lead to the end of the ongoing extradition proceedings in Canada, which otherwise could have continued for many months, if not years,” said Acting Assistant Attorney General Mark J. Lesko for the Justice Department’s National Security Division. “We are enormously grateful to Canada’s Department of Justice for its dedicated work on this extradition and for its steadfast adherence to the rule of law.”

“Financial institutions are our first line of defense in maintaining the safety and security of the U.S. financial system,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “That is why the law requires that companies who avail themselves of the U.S. financial system provide financial institutions with truthful information about their business operations. Meng Wanzhou, CFO of Huawei Technologies, admitted today that she failed to tell the truth about Huawei’s operations in Iran, and as a result the financial institution continued to do business with Huawei in violation of U.S. law. Our prosecution team continues to prepare for trial against Huawei, and we look forward to proving our case against the company in court.”

“Meng's admissions are evidence of a consistent pattern of deception to violate U.S. law,” said Assistant Director Alan E. Kohler Jr. of the FBI’s Counterintelligence Division. “The FBI will continue to aggressively investigate companies doing business in the United States when there are signs they behave with contempt for our laws.”

The Scheme to Defraud Financial Institutions
According to court documents, and as agreed to by Meng in the DPA’s statement of facts, Skycom Tech. Co. Ltd. (Skycom) was a Hong Kong company that primarily operated in Iran. As of February 2007, Skycom was wholly owned by a subsidiary of Huawei Technologies Co., Ltd. (Huawei), Hua Ying Management (Hua Ying). In November 2007, Hua Ying transferred its shares of Skycom to another entity that Huawei controlled, Canicula Holdings (Canicula). At the time Hua Ying transferred its Skycom shares to Canicula, Meng was the Secretary of Hua Ying.

In February 2008, after Huawei transferred ownership of Skycom from Hua Ying to Canicula, Meng joined Skycom’s Board of Directors, which was comprised of Huawei employees. She served on the Board until April 2009. After Meng departed from Skycom’s Board, Skycom’s Board members continued to be Huawei employees, Canicula continued to own Skycom, and Canicula continued to be controlled by Huawei. As of August 2012, Huawei included Skycom among a list of “other Huawei subsidiaries” in Huawei corporate documents written in English.

Between 2010 and 2014, Huawei controlled Skycom’s business operations in Iran, and Skycom was owned by an entity controlled by Huawei. All significant Skycom business decisions were made by Huawei. Moreover, Skycom’s countrymanager – the head of the business – was a Huawei employee. Individuals employed by Skycom believed they worked for Huawei.

During the same time period, Huawei employees engaged with a U.K. staffing company to provide engineers in Iran to support Skycom’s work with Iranian telecommunications service providers. Negotiations and contracting on behalf of Skycom were conducted by Huawei employees. To pay for these contractors, Huawei sent at least $7.5 million to the U.K. staffing company in a series of approximately 80 payments from Skycom’s bank accounts in Asia, including at a multinational financial institution (Financial Institution 1), to the U.K. staffing company’s account in the United Kingdom. The transactions were denominated in U.S. dollars and cleared through the United States.

In December 2012 and January 2013, various news organizations, including Reuters, reported that Skycom offered to sell “embargoed” equipment from a U.S. computer equipment manufacturer in Iran in potential violation of U.S. export controls law, and that Huawei had close ties with Skycom. In a statement to Reuters published in a December 2012 article, Huawei claimed that Skycom was one of its “major local partners” in Iran. Reuters reported that Huawei had further stated that “Huawei’s business in Iran is in full compliance with all applicable laws and regulations including those of the U.N., U.S. and E.U. This commitment has been carried out and followed strictly by our company. Further, we also require our partners to follow the same commitment and strictly abide by the relevant laws and regulations.”

In January 2013, a subsequent Reuters article reported that Meng served on the Board of Directors of Skycom between February 2008 and April 2009 and identified other connections between Skycom directors and Huawei. The article also quoted the following statement from Huawei: “The relationship between Huawei and Skycom is a normal business partnership. Huawei has established a trade compliance system which is in line with industry best practices and our business in Iran is in full compliance with all applicable laws and regulations including those of the UN. We also require our partners, such as Skycom, to make the same commitments.” This statement was incorrect, as Huawei operated and controlled Skycom; Skycom was therefore not Huawei’s business “partner.”

After these articles were published, Financial Institution 1 and other global financial institutions that provided international banking services to Huawei (collectively, the “Financial Institutions”), including U.S. dollar-clearing, made inquiries to Huawei in response to the above-described press reports. In early 2013, Huawei employees represented to the Financial Institutions that Skycom was just a local business partner of Huawei in Iran and that Skycom had not conducted Iran-related transactions using its accounts at the Financial Institutions.

To address the allegations in the news reports, Huawei requested an in-person meeting with a senior Financial Institution 1 employee. That meeting occurred on Aug. 22, 2013 in Hong Kong, at which time Meng met with an executive of Financial Institution 1 responsible for operations in the Asia Pacific region. During the meeting, Meng delivered a PowerPoint presentation written in Chinese, which was translated by an interpreter into English. Meng stated that she was using an interpreter to be precise in her language.

In her presentation, Meng stated, among other things, that Huawei’s relationship with Skycom was “normal business cooperation” and “normal and controllable business cooperation,” and she described Skycom as a “partner,” a “business partner of Huawei,” and a “third party Huawei works with” in Iran. Those statements were untrue because, as Meng knew, Skycom was not a business partner of, or a third party working with, Huawei; instead, Huawei controlled Skycom, and Skycom employees were really Huawei employees. It would have been material to Financial Institution 1 to know that Huawei controlled Skycom.

In addition, Meng stated that Huawei “was once a shareholder of Skycom” but had “sold all its shares in Skycom.” Those statements were untrue, because, as Meng knew, Huawei had “sold” its shares to an entity that Huawei controlled. Specifically, Huawei transferred Skycom shares from a Huawei subsidiary (Hua Ying) to another entity that was controlled by Huawei (Canicula). It would have been material to Financial Institution 1 to know that Skycom was transferred from one Huawei-controlled entity to another.

Finally, Meng stated that Huawei “operates in Iran in strict compliance with applicable laws, regulations and sanctions” and that “there has been no violation of export control regulations” by “Huawei or any third party Huawei works with.” These statements were untrue because Huawei’s operation of Skycom, which caused the Financial Institutions to provide prohibited services, including banking services, for Huawei’s Iran-based business while Huawei concealed Skycom’s link to Huawei, was in violation of the U.S. Department of the Treasury’s Office of Foreign Assets Control’s Iranian Transactions and Sanctions Regulations, 31 C.F.R. Part 560. Moreover, between 2010 and 2014, Huawei caused Skycom to conduct approximately $100 million worth of U.S.-dollar transactions through Financial Institution 1 that cleared through the United States, at least some of which supported its work in Iran in violation of U.S. law, including $7.5 million for Iran-based contractors from the U.K. staffing company to do work in Iran.

At no point during or after the meeting did Meng, who was aware of Huawei’s public statements about Skycom in Reuters, retract or amend any of those statements. Moreover, Huawei’s Treasurer, who also attended the August meeting, did not correct or amend any of the statements made by Meng.

Shortly after the meeting between Meng and Financial Institution 1, Huawei prepared an English version of the PowerPoint presentation at Financial Institution 1’s request. Meng later arranged for a paper copy of that PowerPoint presentation to be delivered to the Financial Institution 1 executive she had met with in September 2013. The representations in the English version of the PowerPoint presentation closely tracked the ones Meng had made during the meeting.

After the meeting and subsequent to receipt of Meng’s PowerPoint presentation, Financial Institution 1 decided to continue its relationship with Huawei. The other Financial Institutions similarly continued their respective relationships with Huawei.

The DPA
Under the terms of the DPA, Meng has agreed to the accuracy of a four-page statement of facts that details the knowingly false statements she made to Financial Institution 1. Meng also has agreed not to commit other federal, state or local crimes. If Meng breaches the agreement, she will be subject to prosecution of all the charges against her in the third superseding indictment filed in this case. The government also agreed to withdraw its request to the Ministry of Justice of Canada that Meng be extradited to the United States.

Assistant U.S. Attorneys Alexander A. Solomon, Julia Nestor, David K. Kessler, Sarah M. Evans and Meredith A. Arfa for the Eastern District of New York; Trial Attorneys Laura Billings and Christian Nauvel for the Criminal Division’s Money Laundering and Asset Recovery Section; and Trial Attorneys Thea D. R. Kendler, David Lim and R. Elizabeth Abraham of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case. Valuable assistance was provided by Assistant U.S. Attorneys Brian Morris and Brendan King of the Eastern District of New York’s Civil Division and Associate Director John Riesenberg, Attaché Andrew Finkelman of U.S. Embassy Paris and former Trial Attorney Margaret O’Malley of the Justice Department’s Office of International Affairs.
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nationalpost.com

Michael Kovrig and Michael Spavor arrive home after U.S. cuts deal

The news comes on the same day that Huawei executive Meng Wanzhou became free to leave Canada after cementing a deal with U.S. prosecutors
nationalpost.com nationalpost.com


1632526827782.png



Meng-Wanzhou-AP-25.09.2021.png


Meng Wanzhou, no longer wearing an ankle monitor, prepares to read a statement in Vancouver on Friday. (AP pic)
 
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