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Green Sentence Again Delayed

Sentencing for Gerald and Patricia Green was delayed for the fourth time Thursday and rescheduled to June 3rd. The Hollywood producers were convicted last year of paying $1.8 million in bribes to a Thai official in exchange for contracts worth about $13.5 million to produce the Bangkok Film Festival.

Gerald Green, 78, and his wife Patricia, 53, were first scheduled to be sentenced by Judge George H. Wu in federal court in Los Angeles on December 17, 2009. The government and the Greens agreed to wait until January 21, 2010. The judge then reset the hearing to April 1 and then April 29, after asking the parties for information about sentences in similar cases.

Yesterday, according to the Los Angeles Independent, the judge asked lawyers for both sides for more details about Gerald Green’s emphysema and what effect federal prison might have on him. The judge said there hadn’t been “much in the way of medical evidence” to support defense arguments that prison would be devastating to Mr. Green’s condition.

An LA jury in September 2009 found the Greens guilty of conspiring to violate the Foreign Corrupt Practices Act, nine counts of violating the FCPA, and seven counts of money laundering. Patricia Green was also found guilty of two counts of falsely subscribing to a U.S. income tax return. The conspiracy and FCPA charges are each punishable by up to five years in prison, the money laundering counts by 20 years in prison, and the tax charges against Patricia Green each carry a maximum penalty of three years in prison. Prosecutors apparently are asking for sentences of 10 years for each of the Greens.

The Independent said Patricia Greens’ attorney, Marilyn E. Bednarski, is arguing for no jail time. “These people have been destroyed,” she said. Assistant U.S. Attorney Jonathan E. Lopez argued that the Greens put themselves in the situation and had  shown “no remorse or acceptance of responsibility.”

Assistant U.S. Attorney Bruce H. Searby said a stipulated forfeiture agreement for $1.8 million had been reached between the Greens and the U.S. government.

In January, the Thai official named in the Greens’ prosecution was indicted with her daughter in Los Angleles. Juthamas Siriwan, the ex-governor of the Tourism Authority of Thailand, and Jittisopa Siriwan, were charged with one count of conspiracy, seven counts of transporting funds to promote unlawful activity (bribery), and one count of aiding and abetting. If convicted, Siriwan and her daughter each face up to 20 years in prison. Siriwan has said she is innocent.

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