Thai officials aim for prosecution in film fest scandal

Thailand's National Anti-Corruption Commission has formally ruled that former Tourism Authority of Thailand governor Juthamas Siriwan committed criminal acts in connection with the Bangkok International Film Festival bribery scandal, and they have forwarded the case to prosecutors, according to news reports today.

The Bangkok Post, Film Business Asia and MCOT have stories.

The NACC, which had unsuccessfully sought Juthamas' testimony, says the ex-governor and her daughter Jittisopa took $1.8 million in bribes as kickbacks for the awarding of $13.5 million worth of contracts to manage the Bangkok International Film Festival and other TAT projects to Hollywood producer couple Gerald and Patricia Green.

The Greens, whose Los Angeles-based Film Festival Management ran the Bangkok International Film Festival from 2004 to 2006, were subsequently arrested in the U.S. and charged with violating the Foreign Corrupt Practices Act. They were found guilty and sentenced last year to six months in prison.

According to the FCPA Blog, the Greens were released in June to six months of home detention. In addition to the prison term and home detention, the Greens have faced property forfeiture.

The FCPA Blog lists the Greens' case among the "worst FCPA prosecutions ever".

The U.S. Justice Department sought much-stiffer sentences against the Greens. Appeals against the six-month sentence are in the legal works.

Juthamas and her daughter also face charges in the U.S., and they have hired lawyers who are working to get the case dismissed, according to the Wall Street Journal's Corruption Currents blog. A hearing on that is set for October 20.

After Juthamas stepped aside as TAT governor in late 2006, the Bangkok International Film Festival continued to be run by the TAT. From 2008, the Federation of National Film Associations of Thailand assisted in the management of the fest.

However, last year's edition was canceled in the aftermath of the red-shirt political protests, and I've heard no word of the BKKIFF re-emerging this year.

Update: U.S. Justice officials have dropped their appeal against the Greens' prison sentence.

Bangkok International Film Festival canceled

After the deadly and fiery end of the red-shirt political protests in April and May, plans for the Bangkok International Film Festival became uncertain.

Tentatively announced for November 19 to 29 and then cut to six days from November 19 to 24, the festival has now been canceled altogether, according to a three-paragraph sidebar in today's Bangkok Post.

I've heard that the festival organizers simply could not get together a budget to hold the festival.

There's been no official announcement or word whether the scandal-ridden festival will ever be held again.

But all is not lost for Bangkok film lovers. The eighth edition of the trusty World Film Festival of Bangkok runs from November 5 to 14, and the Bangkok Post's Kong Rithdee has a rundown of that festival's highlights.

The continuing saga of the Bangkok Int'l Film Festival bribery scandal

With Hollywood producer couple Gerald and Patricia Green headed off to jail for paying bribes to run the Bangkok International Film Festival, legal proceedings are now swinging toward the recipient, who the U.S. Justice Department and Thai authorities say is Juthamas Siriwan.

The former governor of the Tourism Authority of Thailand is said to have taken $1.8 million in bribes from the Greens, who used their Hollywood connections to bring film-industry heavyweights to Thailand to be wined and dined, put up in five-star resorts and appear on the red carpet at the film festival.

Juthamas and her daughter Jittisopa Siriwan are under indictment in the U.S., and a Thai case by the anti-graft watchdog, the National Anti-Corruption Commission, is pending.

The Nation on Sunday and MCOT had more:

Klanarong Chantik, spokesman for the National Anti-Corruption Commission (NACC), said in a telephone interview that his agency could only ask Juthamas to defend herself before the NACC. If she did not show up, the NACC had no authority to bring her for investigation and it would mean that she had opted not to defend herself.

The NACC had asked the former TAT governor to give information but she had sent a letter to the agency, saying she needed time to prepare and look through documents on the matter. But Juthamas has yet to turn up at the NACC. However, Klanarong said, if the NACC found that she was guilty, it would then forward the case to the Office of the Attorney-General so the public prosecutors could indict her and take the matter to court.

Democrat Party MPs are calling on state agencies to be on the alert for bribery, and cooperate with investigations. In addition to the TAT case, a bribery scandal has also emerged at the Thailand Tobacco Monopoly.

The Nation had an editorial about the case, noting that "it's now Thailand's turn to act", and there are colorufl responses at the Thai Visa forum.

Meanwhile, a garbage collector who sold VCDs he gleaned from the trash has been fined 133,400 baht, for selling movies without a license.

Just shows where the priorities are.

Greens sentenced to six months in jail in Bangkok International Film Festival bribery case

Hollywood producer couple Gerald and Patricia Green have been sentenced to six months in jail and six months in home detention for their part in paying bribes to run the Bangkok International Film Festival.

The pair were found guilty almost a year ago of money laundering and violating the Foreign Corrupt Practices Act.

The U.S. Justice Department said the Greens had paid $1.8 million in bribes to a Thai government official, Tourism Authority of Thailand governor Juthamas Siriwan, in exchange for contracts to run the Bangkok International Film Festival and other TAT projects.

Prosecutors said the Greens had an "orchestrated, sophisticated scheme" involving fake receipts, shell companies and cash payments. Authorities say the Greens netted $14 million from the contracts.

Juthamas was paid through bank accounts in the U.K., Singapore and the Isle of Jersey that were in the name of her daughter, prosecutors say.

Juthamas faces charges in Thailand and she and her daughter are under indictment in the U.S.

Under the Greens and Juthamas from 2003 to 2006, the Bangkok International Film Festival gained a reputation as a glitzy, red-carpet-festooned affair, with major Hollywood stars flown in at Thai taxpayers' expense to be wined and dined at lavish banquets, golf tournaments and tours, and put up in five-star hotels.

The aim, say the Greens' lawyers, was to put Thailand "on the filmmakers' map," resulting in such Hollywood productions as Oliver Stone's Alexander and Werner Herzog's Rescue Dawn (produced by Gerald Green), being made in Thailand.

Juthamas stepped down as TAT governor in 2006. The bribery case came to light in December 2007, when the Greens were charged in the U.S. Juthamas was running for election at the time as a deputy leader of the Peua Pandin party, which was vying to form the first government after the 2006 military coup that had deposed prime minister Thaksin Shinawatra. Juthamas withdrew from the election, but has denied any wrongdoing.

Sentencing in the Greens' case had been repeatedly put off.

The Wrap covered the sentencing, and was in the Los Angeles courtroom on Thursday.

Prosecutors wanted the Greens in prison for 10 years, but Gerald Green's attorney Jerry Mooney had argued for a shorter sentence on the basis of the 77-year-old Mr. Green's poor health.

The trial has been keenly watched in Hollywood business circles because the Greens are the first in the entertainment industry to be charged and found guilty of violating the FCPA.

Further stories about the case are at Bloomberg, the AP and The Hollywood Reporter.

This year's Bangkok International Film Festival is expected to be held from November 19 to 29.

Update: The Nation has a story on Juthamas' whereabouts. No one knows where she is. Maybe she's at home? Anyone tried knocking on her door?

Update 2: The Bangkok Post reports that while Juthamas hasn't shown up to answer the charges, she did give National Anti-Counter Corruption Commission investigators a statement,.

(Via Film Business Asia)

Still waiting for Juthamas to answer charges in Bangkok film fest bribery case

I missed the news more than a week ago that former Tourism Authority of Thailand governor Juthamas Sririwan will be charged in Thailand with taking bribes in the Bangkok International Film Festival bribery case.

Actually, the National Anti-Corruption Commission informed Juthamas of its findings last month and is still waiting for her to answer the charges.

Juthamas and her daughter are also under indictment in the U.S. for the case, in which U.S. Justice Department officials say the Siriwans took $1.8 million in bribes from Gerald and Patricia Green. The husband-and-wife Hollywood producers paid the bribes in order to secure contracts to run the Bangkok International Film Festival and other tourism-related schemes between 2002 and 2007.

The Thai case against Juthamas will likely make use of evidence gathered by the U.S. authorities, say the Bangkok Post and The Nation.

Gerald, the producer of such films as Salvador and Rescue Dawn, and Patricia, were convicted of violating the U.S. Foreign Corrupt Practices Act.

The Greens' sentencing in the case has been repeatedly delayed. The last update had a sentencing set for June 3, but that date has come and gone without a peep out of Los Angeles.

Under Juthamas and the Greens, the Bangkok International Film Festival from 2004 to 2006, gained a reputation as a glitzy, red-carpet-festooned affair, with major Hollywood stars flown in at Thai taxpayers' expense to be wined and dined at lavish banquets, golf tournaments and tours, and put up in five-star hotels.

Juthamas stepped down as TAT governor in 2006. After a military coup removed Prime Minister Thaksin Shinawatra from office, Juthamas headed a political party and stood for election in 2007, but dropped out after the Greens were arrested that year.

Sentencing in Bangkok film fest bribery scandal postponed over age concerns

How will prison affect 78-year-old Gerald Green?

That's what a judge wants to know in the case of a Hollywood producer couple convicted of paying bribes to a Thai official so they could run the Bangkok International Film Festival.

Set for yesterday in Los Angeles, Judge George Wu postponed the sentencing yet again. He's concerned whether Mr. Green, an emphysema sufferer who's been hooked to an oxygen bottle for his court appearances, can handle the 10 years of prison prosecutors are seeking. He's asking for doctor's reports on Green's health.

The Wrap has the story.

Gerald is the producer of such films as Salvador and the Thailand-set prisoner-of-war drama Rescue Dawn. He and his wife Patricia were convicted last year of violating the Foreign Corrupt Practices Act. They were found guilty on charges of bribery and money laundering.

The U.S. Justice Department says that from 2002 to 2006, the Greens paid $1.8 million in bribes to Juthamas Siriwan, the then-governor of the Tourism Authority of Thailand. The payments were kickbacks in return for guarantees the Greens would run the Bangkok International Film Festival and have a hand in other TAT projects. Under Juthamas and the Greens from 2004 to 2006, the Bangkok International Film Festival gained a reputation as a glitzy, red-carpet-festooned affair, with appearances by major Hollywood stars and lavish banquets. They showed films too.

Juthamas stepped down as TAT governor in 2006. After a military coup removed Prime Minister Thaksin Shinawatra from office, Juthamas headed a political party and stood for election in 2007, but dropped out after the Greens were arrested that year.

The U.S. has indicted Juthamas, and she presumably remains at large. Somewhere. Maybe in Bangkok.

The next sentencing hearing for the Greens is now set for June 3.

Sentencing postponed again in Bangkok film fest bribery scandal

Sentencing has been postponed yet again for Hollywood producers Gerald and Patricia Green, the couple who were convicted of bribing a Thai tourism official in exchange for contracts to run the Bangkok International Film Festival and other tourism-related projects.

This is at least the third time the sentencing has been rescheduled.

There was a sentencing hearing scheduled back in January at around the same time the U.S. Justice Department unsealed an indictment against the former Thai government official they say received the $1.8 million in bribes from the Greens: Juthamas Siriwan.

The Greens were supposed to be sentenced yesterday in Los Angeles. The Wrap was at the courthouse:

Watching the 90-minute session today in Judge Wu's in LA's downtown federal courthouse, it would be easy to think this was an April Fool's joke gone off the rails, or that an actual trial and judgment had never happened. Both U.S. attorneys and defense lawyers seemed to re-argue the entire case, point-by-point, on isues of motivation, damages, medical condition, financial loss and gain, and sentencing guideline calculations.

Somberly dressed in black, both Gerald and Patricia Green say silently throughout the proceedings. The 78-year-old Gerald Green, who had an oxygen tune connected to his nose, only spoke once, to confer with his wife and his attorney Jerome Mooney about upcoming court dates. Because of the charges they face and their advanced age, they face the possibility of life in prison.

Sentencing is now set for April 29.

And where is Juthamas by the way?

(Via Film Business Asia)

Film festival bribery scandal 'damaged our reputation'

Time again for an update on the case of Juthamas Siriwan, the former governor of the Tourism Authority of Thailand who has been indicted in the U.S. for taking bribes from convicted Hollywood producers Gerald and Patricia Green so the husband-and-wife team could run the Bangkok International Film Festival and other projects of the TAT.

Yesterday, The Nation had a report quoting various officials in the tourism industry who say the bribery scandal has damaged Thailand's reputation and makes it harder for Thais to conduct business with overseas tourism promoters.

And why were the corrupt dealings allowed to happen in the first place? That's what Dusit International CEO Chanin Donavanik is wondering:

Chanin questioned why the government had not been aware of the allegation and said if anyone did know, no action had been taken, nor had anyone been arrested.

Chanin said Thailand's problems stemmed completely from its politicians, who always sought benefits and were prepared to remove anyone opposing them. Therefore, officials who do get promoted are often corrupt and have poor attitudes.

"This highlights the inefficiency of the administration, as well as the country's weak law enforcement," he said.

Juthamas was head of the TAT from 2002 to 2006, under the administration of Thaksin Shinawatra. There's a different government in place now, but inefficencies still remain.

By the way, there were several updates to last week's initial blog post about Juthamas' indictment. The indictment document is here and here (PDF download).

Ex-TAT governor indicted, Greens' sentencing postponed in Bangkok film fest bribery case

Juthamas Siriwan, the former governor of the Tourism Authority of Thailand, has been indicted by U.S. prosecutors, who say Juthamas and her daughter accepted US$1.8 million in bribes.

The indictment was unsealed in Los Angeles on Tuesday, two days before sentencing was scheduled for Gerald and Patricia Green, the husband-and-wife pair of Hollywood producers who were convicted of paying the bribes in order to land contracts to run the Bangkok International Film Festival and other tourism projects. The Greens were the first in the entertainment industry to be convicted under the U.S. Foreign Corrupt Practices Act, which outlaws bribes to foreign officials.

The Nation has more of the story.

Update: Sentencing for the Greens, meanwhile, has been postponed until March 11. The Wrap was at the hearing:

[Judge George Wu] requested some sort of official statement from the Thai government declaring Thailand had been harmed by the Greens’ activities. When AUSA Bruce Searby pointed out the government’s sentencing statement contained such a letter, Wu replied that he didn’t think that Exhibit A was necessarily an official statement – even though the request to Wu to punish the perpetrators by Commissioner Medhi Krongkaew appears on Thai government stationary.

Then Wu seemed to signal a belief that the Greens’ crimes (bribing a foreign official, conspiracy, money laundering and tax fraud) weren’t to be considered all that serious because, allegedly, Thailand may have profited from the Greens’ work on its film festival – and because the Greens had no apparent competitors for the film festival contracts, anyway.

Reacting to the US charges and questions of whether the Siriwans will face charges in Thailand, Tharit Pengdit, the director-general Thailand's Department of Special Investigation, said it is up to the National Anti-Corruption Commission to decide how to proceed.

MCOT English News has more:

Col Piyawat Kingkate, who headed the investigation team probing Mrs Juthamas case in 2007, said the DSI coordinated with the US Federal Bureau of Investigation in collecting the evidence.

In its investigation, Col Piyawat said, the DSI concluded that two offences were committed: bid rigging and the malfeasance of state official.

In consequence the department forwarded the case to the NACC in 2008 and the anti-graft commission appointed Commissioner Methee Krongkaew chairman of a committee investigating the alleged bribery scam involving the Bangkok [International] Film Festival.

In the U.S., prosecutors were looking to throw the book at Gerald Green, 78, for his role as ring-leader of the plot.

But The Wrap is citing a Justice Department source that says "prosecutors will seek far less than the roughly two centuries of maximum prison time". There is speculation the Greens may get a more lenient sentence.

Juthamas served as TAT governor from 2002 to 2006, and head of the Bangkok International Film Festival from 2003 to 2006.

Bangkok Pundit wonders whether the U.S. will seek to extradite Juthamas.

Update 2: The Bangkok Post says Juthamas' whereabouts are unknown. "A source at the Immigration Bureau said there was no record of the former TAT chief leaving the country," the Post reports.

On the issue of extradition, it's "possible", The Nation says and the newspaper quotes Sirisak Tiyaphan, director-general of the International Affairs Department under the Office of the Attorney General. "The process will be even shorter and easier if the US offences against her are the same that have been levied by the National Anti-Corruption Commission," said Sirisak.

Update 3: The Bangkok Post cites a source in the National Anti-Corruption Commission who says the NACC will ask the Anti-Money-Laundering Office to find out where the "alleged" bribe money went. The source also reveals that the FBI sent the NACC documents that "will speed up the NACC's investigation".

The Nation has more on Juthamas' possible extradition, and that her whereabouts are unknown.

And Scott Rosenberg posted a link to the indictment (PDF) (also here).

(Via Scott Rosenberg)

Sentencing postponed in Bangkok film fest bribery case, life sentence sought

Sentencing was scheduled for yesterday in federal court in Los Angeles for Gerald and Patricia Green, the Hollywood producers who were convicted in the Bangkok International Film Festival bribery case.

The FCPA Blog reports that the hearing is postponed until January 21. The real news is in the pre-sentence report, which reveals the U.S. Justice Department intends to run wild on the 76-year-old Gerald Green, and they want to see him behind bars for life. A snip from the FCPA Blog:

The Justice Department wants Gerald Green sentenced to life in prison. In a December 14 court filing, prosecutors said although the pre-sentence report recommends a downward departure under the federal sentencing guidelines and a sentence of about 20 to 25 years, Green's sentence should instead be enhanced. He was the ring leader of the bribery plot, the DOJ said, and he "repeatedly and blatantly perjured himself" at his trial.

The FCPA Blog has a link to the pre-sentencing report.

At this point you're probably wondering what's happening with the Thai end of the case. The Greens were convicted to paying bribes to a Thai government official in exchange for contracts to manage the Bangkok International Film Festival, the Thai Privilege Card (now for sale) and various other tourism-related projects. That government official has been identified as Juthamas Siriwan, the former governor of the Tourism Authority of Thailand.

Around the time of the Greens' trial and in August and September, there was a flurry of noise in the Thai media about an investigation of Juthamas and her dealings. But it's been quiet since then. Maybe news of the sentencing will stir things up again.

(Hat tip to Scott Rosenberg)

Bangkok International Film Festival '09: Are you ready for the big dance?

Undaunted by a bribery scandal, the Bangkok International Film Festival gets under way tomorrow with an invitation-only VIP gala opening of Werner Herzog's Bad Lieutenant: Port of Call New Orleans.

It's an odd choice, considering the Hollywood producers now convicted of bribing the festival's former president produced Herzog's previous film, 2007's Rescue Dawn, which was actually made in Thailand.

But then maybe that's a connection to the festival's organizers that never occurred to the planners of the red-carpet galas and fancy black-tie parties. Or did it?

Perhaps it's a message to Hollywood that Thailand's movie business has a soul that's still dancing. And please, shoot it. With your film cameras.

Neither Herzog nor the zany Port of Call star Nicolas Cage will be present for the opening film -- a pity, since both have made movies in Thailand -- but Hollywood guests already arrived for the festival include James Belushi. He's being squired around to Thailand's tourism hotspots in hopes he'll return to Hollywood and tell everyone what wonderful place Thailand is -- for vacationing, to meet friendly people and most of all, to make movies. Yesterday, the Tinseltown entourage was treated to a night out on Phuket's Patong beach, with one of Belushi's classic films, K9, unspooling at SF Cinema City Jungceylon.

Other guests include Pulp Fiction heavy Ving Rhames, veteran Hong Kong actor Carl Ng, enduring character actor William Forsythe, young actresses Scout Taylor Compton (Rob Zombie's Halloween) and Olivia Thirlby (Juno), young actor Kyle Gallner (A Haunting in Connecticut), Sung Kang from Fast and Furious, Japanese actor Kazuaki Kiriya and action-film actor Gary Daniels. There's also a yogi, Master Kamal, to keep everyone limbered up. Many appear in a video, talking about how stoked they are to be invited to Thailand and the Bangkok film festival.

Also, the "Muscles from Brussels", action star Jean-Claude Van Damme is expected to make a return visit this year, after kicking it on the red carpet at last year's fest. Perhaps he'll even have the reels for his latest effort, The Eagle Path, tucked under his arms, ready for a surprise screening. The movie was filmed in Bangkok, which is dressed to look like a nondescript anywhere city, even though Bangkok's taxi-meters, one of which Van Damme drives, are unmistakable.

After the red-carpet gala on Thursday night, the stars will party at Bangkok's swanky Q Bar. And who knows what other events their Thai handler -- Tyler Brujah Panichpakdee -- has planned for them. He'll probably make them wear traditional Thai uniforms and dance around and sing Thai folksongs at the VIP-only Thai night on Saturday at the Siam Niramit theater.

Aside from that list of folks who don't have any films in the festival, and are just here to provide publicity -- mission accomplished -- the Bangkok International Film Festival's programming team of artistic director Yongyoot Thongkongoon from the Thai Film Directors Association and the programming directors, indie filmmakers Pimpaka Towira and Mai Meksuwan, have put together an incredible line-up that will unspool over six hectic days. Scheduled in two cinemas -- the SF World Cinema at Central World and Siam Paragon's Paragon Cineplex -- movie lovers will have to work twice as hard and walk twice as far to keep up.

Industry folks will be kept busy shuttling back and forth between the cinemas and the festival's seminar venue, the riverside Chatrium Suites, which will have talks on such things as “Films in Crisis?”, "Protecting Your Film in the Digital Era” and “Thailywood – Evolving and Involving”.

Film lovers, check the schedule (PDF). You'll surely find something you'll like. Tickets go on sale tomorrow.

In the World Cinema category, there is the Cannes Grand Prize winner A Prophet by Jacques Audiard, as well as Danish director Lars Von Trier's controversial Antichrist, for which the Cannes jury gave a best actress prize to Charlotte Gainsbourg. It had audience members passing out, walking out or vomiting. There's even something for genre-film films -- Nazi zombies in Norway in Dead Snow.

And there's one called Double Take by Johan Grimonprez. It stars the master himself, Alfred Hitchcock, as a paranoid history professor, unwittingly caught up in weirdness during the Cold War period.

French director Claire Denis is expected to be on hand for screenings of her latest, 35 Shots of Rum, which is on the "to see" wish list of Bangkok cinephile blog Limitless Cinema. There's also Film Sick's wishlist. You would be doing pretty good to see half of what those two have planned.

More wish-list movies can be found in the World Competition, where there are directors' first or second films. These include the Cannes Directors' Fortnight Prix Regards Jeune winner I Killed My Mother by Canada's Xavier Dolan, Altiplano by Peter Brosens & Jessica Woodworth from Belgium, Inland by Tariq Teguia from Algeria, Everyone Else by Germany's Maren Ade and Huacho by Alejandro Fernández Almendras from Chile. Across the River by Iran's Abbas Ahmadi Motlagh, The Search by Pema Tseden from China and Breathless by South Korea's Yang Ik-june.

The jury for this selection is Chinese director Li Yang as jury head with Cannes-winning Filipino director Brillante Mendoza and Thai filmmaker Ekachai Uekrongtham. Mendoza's controversial Kinatay from Cannes is showing in the non-competition Southeast Asian Panorama.

More mind-blowing stuff can be found a parallel festival, the inaugural Bangkok International Animation Festival, unveiled and hammered together when its budget was approved just three weeks ago by the Ministry of Information and Communications Technology. It'll have the world premiere of Yona Yona Penguin by Japanese director Rintaro, as well as Australian claymation in Mary and Max and Irish fantasy in The Secret of Kells.

The schedules for both the BKKIFF and the BKKIAF (PDF) are merged, so taken together, there's something like a dizzying 120 features and shorts to try and wrap your head around.

Personally, I prefer to concentrate on the Southeast Asian films, because those will be harder to find once they are gone from the festival circuit. And I think that's where the Bangkok International Film Festival is strongest and most relevant. It is well positioned to be a major platform to showcase the region's cinema, offering premieres, retrospectives and competitions. Bangkok is easy to get to from all the region's capitals, so many of the directors will be on hand for Q&A sessions after the screenings.

In the World Cinema competition is Adrift by Thac Chuyen Bui from Vietnam.

The Southeast Asia competition has the world-premiering Aurora by Adolfo B. Alix, Jr. of the Philippines, Call If You Need Me by Malaysia's James Lee (a past winner at the BKKIFF), the Cannes-premiering HERE, by Singapore's Ho Tzu Nyen, Imburnal by Filipino indie filmmaker Sherad Anthony Sanchez, In the House of Straw by Singapore's Yeo Siew Hua, a Cannes Un Certain Regard selection Independencia by the Philippines' Raya Martin, genre-fan approved horror-suspense in The Forbidden Door by Indonesia's Joko Anwar and The Moon at the Bottom of the Well by Nguyen Vinh Son from Vietnam.

Two juries will hand out awards for the regional competition. The festival's own jury is headed by the German film critic Vincenzo Bugno with Singaporean director Royston Tan and Tul Waitoonkiat, the singer of the Thai indie rock band Apartmentkhunpa.

And new to the festival this year is a jury from the Network for the Promotion of Asian Cinema, an international Asian film business and cultural organization whose members are authorities on and professionals within Asian cinema. This year’s NETPAC jury consists of Jung Soo-wan from South Korea, Thai film critic and writer Graiwoot Chulphongsathorn and Ranjanee Ratnavibhushana from Sri Lanka.

Other important films for Southeast Asian cinema fans and political observers are in the documentary category, with Burma VJ, featuring videocam footage of the 2007 democracy uprisings smuggled into Thailand and made into a feature by Denmark's Anders Høgsbro Østergaard. There's also Malaysian director Amir Muhammad's latest, Malaysian Gods, revisiting the case of Malaysia's persecuted and imprisoned former deputy prime minister Anwar Ibrahim. And the late Malaysian director, Yasmin Ahmad, who died in July, will be remembered with a retrospective of three of her films: Chocolate, Sepet and her latest, Talentime.

There are also two more short-film packages -- the 10-film Indonesian shorts anthology 9808 and this year's edition of the Jeonju Digital Project, with shorts by Hong Sang-soo (Lost in the Mountains), Naomi Kawase (Koma) and the Philippines' Lav Diaz (Butterflies Have No Memories).

And don't forget this is a Thai film festival, please! So in the Southeast Asian Competition there's Nymph by Pen-ek Ratanruang, which premiered in Cannes and recently played in Toronto to good reviews.

Making its Bangkok premiere will be another favorite of this year's festival circuit, the politically tinged rural ode Agrarian Utopia by Uruphong Raksasad. It's playing in the Documentary Showcase.

There is the Thai Panorama, intended as a "best-of" of Thai cinema from the past year or so. It includes Yongyoot's Best of Times, now tipped as Thailand's submission for the Oscars, as well as another festival-circuit hit, martial-arts star Tony Jaa's feverish and troubled magnum opus Ong-Bak 2.

Rewardingly, there's a retrospective for director Cherd Songsri (1931-2006), who would have been 78 this month. An avid attendee of film festivals around the world, he was a pioneer for Thai cinema's presence on the international stage. Four of his films will be shown: 2001's Behind the Painting, 1994's historical women's rights tale Muen and Rid, the seaside romance Ploy Talay (The Gem from the Deep) and his masterpiece, The Scar (Plae Kao).

And don't forget to check out the CentralWorld exhibition on actress Petchara Chaowarat, the "Queen of Thai cinema". The leading starlet of the 1960s and '70s, before she was tragically sidelined by blindness, the classic Petchara is featured on this year's festival poster.

Closing the festival will be Sawasdee Bangkok, an anthology of nine shorts by big-name Thai directors -- Pen-ek, Wisit Sasanatieng, Kongdej Jaturanrasamee, Aditya Assarat and Prachya Pinkaew among them -- who offer their views on the city. Commissioned by the Thai Public Broadcasting Service (TV Thai), four of the shorts were cherry-picked to premiere to a decent reception in Toronto. But BKKIFF09 will likely be the only time to see all nine of them at once -- full-length running around three hours -- before they hit the airwaves.

Hollywood producers found guilty in Bangkok film festival bribery case

A Hollywood producer couple accused of paying bribes to a Thai government official in order to obtain contracts to run the Bangkok International Film Festival have been found guilty.

In a verdict announced on Monday in Los Angeles, Gerald and Patricia Green were convicted of violating the U.S. Foreign Corrupt Practices Act, conspiracy and money laundering. Patricia Green was additionally found guilty of tax evasion.

Stories are at The Wrap, Bloomberg, Agence France-Presse, Associated Press and PR Newswire via Reuters.

Federal prosecutors said the Greens paid US$1.8 million in bribes to a Thai government official the prosecutors have identified as Juthamas Siriwan, former governor of the Tourism Authority of Thailand (TAT) and former head of the Bangkok International Film Festival. The contracts they obtained for the film festival and other TAT projects were worth around $14 million.

The verdict in the 2 1/2-week trial was reached late Friday by the jury after one day of deliberations.

It comes just a little over a week ahead of this year's edition of the Bangkok International Film Festival, which, perhaps ironically, has a theme of "Old Hollywood Glamour."

According to the Los Angeles Times' Company Town blog, the Greens worked on the festival's first edition in 2003.

That was the first year for the festival, which was co-organized by Nation Multimedia and the TAT under Juthamas. The Nation then split from the TAT and organized its own fest, the World Film Festival of Bangkok, later that very same year.

The Greens set up Film Festival Management and ran the Bangkok International Film Festival from 2004 to 2006. After a military coup ousted Prime Minister Thaksin Shinawatra, his political allies including Jutamas were removed from office. Under the junta, the film festival's budget was slashed and the contract with the Greens was broken. The Greens were hit with the federal charges in December 2007, right at the same time Juthamas was making run for political office as deputy leader of the Puea Pandin Party in an election to replace the military-appointed government. She stepped down from the party but denied all allegations.

Sentencing is set for December 17. The Greens could face up to 20 years in prison.

Attorneys for Gerald, 77, and Patricia, 52, both say they are likely to appeal.

Here's more from the LA Times blog:

To me it’s a case of circumstantial evidence," said Marilyn Bednarski, who represented Patricia Green. She added that "the people of Thailand were not victimized in any way" because the Greens provided "top notch services" for the festival.

[Prosecuting assistant U.S. Atty. Bruce H. Searby] strongly disagreed, however. "There is no more concrete type of harm to the Thai people than taking money out of their treasury and sending it on a round trip through L.A. back to a government official," he said.

So far no charges have been pressed against Juthamas, the Bangkok Post reported last week.

The National Anti-Corruption Commission has coordinated closely with US prosecutors, and the panel is to meet on September 16 to start its inquiry, the Post said.

So the question is, as Bangkok Pundit and film-industry pundit Scott Rosenberg have raised, with the Greens found guilty, how will Thai authorities proceed?

Update: The Bangkok Post has a story. A snip:

More to the point, it could open an investigation and possible charges against Juthamas Siriwan, governor of the Tourism Authority of Thailand at the time the Greens bribed and connived their way into control of the BIFF.

Mrs Juthamas has denied any involvement. But it may be difficult now for the National Anti-Corruption Commission to ignore the conviction of the Greens for sending her bribes of $1.8 million, or about 72 million baht at the time.

To the point indeed.

Update 2: The Nation has a story. Here's key quote from Methee Kongkaew, commissioner of the National Anti-Corruption Commission:

Initially, what we received from the Federal Bureau of Investigation is clear, particularly the financial transactions completed overseas. As we have no access to the documents, they hold significant weight in concluding this case," Methee said. He noted that if the NACC needs more information, the Office of Attorney-General would be requested to coordinate with US officials.

Methee noted that aside from the bribery case, Juthamas and a deputy governor was also accused of abuse of power.

(Via Film Production)

'This case is about greed, it's about corruption and it's about deceit'

The trial of Hollywood producer couple Gerald and Patricia Green began in Los Angeles this week. The pair are charged with violating the U.S. Foreign Corrupt Practices Act, and accused of bribing a Thai government official in exchange for being granted several management contracts, among them the running of the Bangkok International Film Festival.

Prosecutors say that from 2004 to 2006, the Greens created shell companies to funnel US$1.8 million to the then-governor of the Tourism Authority of Thailand, Juthamas Siriwan. The money was transferred into bank accounts held by Juthamas' daughter and a friend. The deal netted the Greens $13.5 million worth of contracts, the prosecutors say.

The FCPA Blog is on the case. Here's a choice snip, sourced from AP's coverage of the trial:

This case is about greed, it's about corruption and it's about deceit," [Jonathan Lopez, a senior trial attorney with the U.S. Department of Justice] told the seven man-five woman jury. The Greens "turned TAT into their own personal piggy bank."

That's the kind of stuff that gets the folks back home all excited, and the Bangkok Post ran the story on the front page on Thursday.

In the Greens' defense, attorneys have said that husband-and-wife Hollywood players turned a struggling film festival "into a rising star on the international circuit ... attracting the likes of Michael Douglas, Jeremy Irons and director Oliver Stone to Thailand". From an earlier AP article:

The Greens' lawyers said they never paid to get the contracts.

"They got the contracts because they did good work," said Jerome Mooney, Gerald Green's lawyer. "They entered into consulting agreements with those who had connections with powerful people."

Mooney made similar statements to The Wrap ahead of the trial.

Meanwhile, Thailand's National Anti-Corruption Commission is apparently getting serious about taking up the case, and is probing for angles of attack. The Bangkok Post has a story today saying the NACC "would consider looking into tax evasion", that is if the "commission fees" are taxable.

Here's the part of the article that caused my brow to furrow:

[NACC commissioner Vicha Mahakhun] said the US court earlier invited him to testify as witness in the couple's trial. The US had found that a manager of the American couple had set up a company to handle the money transfers to the bank account of the "daughter of a certain senior TAT official".

However, he decided not to testify to the court after US prosecutors informed him they were sure that Thailand has a law through which tax evasion charges could be pursued in connection with the bribery case.

Thanks for the tip, you U.S. prosecutors!

The timing of the Greens' trial is awful. The Bangkok International Film Festival brand is being shellacked with the negativity brush just as this year's edition from September 24 to 30 is ready to roll and titles are being announced. While the programming division of the fest has landed dozens of great films, that's not enough for another faction of festival-makers, who are leaning right into the punch, picking "Old Hollywood Glamour" as the theme with plans for welcoming banquets, fancy parties, red-carpet galas and invited celebrities. I know there's people who think all that is fun and generates publicity for the festival and Thailand's film industry, but how much money does it cost and is it really worth it?

The Bangkok Post's Kong Rithdee says as much in an article in yesterday's Real Time section. He also shares memories of the heady years when the Greens and Juthamas were running things:

Some of the most perplexing anecdotes from those years was when an old couple -- who had nothing to do with the film profession but happened to be neighbours of the American team -- were flown in first class to Bangkok so they could tour the City of Angels. I also met a construction worker who came here as a "film writer" (he admitted to me he wasn't writing for any publication in the whole world; just a movie fan and friend of the organiser) along with his wife, again on business class. There were many more cases that would make Thai taxpayers' blood boil. When the American team left, the feeling was like that of the natives watching a conquistador leaving the "Third World" with the loot of Aztec gold.

Kong suggests that festival-goers keep one eye on the movies and the other covered up so as not to notice the champagne-and-tuxedo set, or the headlines from the L.A. bribery trial. I like to try and keep both eyes open, and locked on that big screen. But sometimes off to the side I catch sight of something, and like a bad car wreck, it's difficult to turn away and not look.

(Bangkok Post cartoon from 2007 via ThaiVisa.com)

Greens' trial delayed; Thai officials in Los Angeles

It's an AP story.

The Bangkok Post has a story on today's front page. Officials from Thailand's National Anti-Corruption Commission have been sent to Los Angeles to observe the trial of producer couple Gerald and Patricia Green.

"The US court ruling in this case will influence the NACC's decision in this case as well," Methee Krongkaew, an NACC commissioner and chairman of the subcommittee, tells the Post.

What case? This case:

The Department of Special Investigation looked into the case after receiving a request from the US Federal Bureau of Investigation.

The DSI forwarded the case to the NACC in March last year.

Piyawat Kingket, head of DSI's Special Criminal Case Office, said DSI officers had questioned about 20 officials involved with the film festival, in addition to reviewing the FBI's evidence.

But former TAT governor Juthamas Siriwan and her daughter were not summoned for questioning, he said.

The DSI found grounds of wrongdoing, said Pol Col Piyawat, but he refused to give details.

With the delay, the NACC guys are going to be hanging around LA for a bit.

What about the governor?

The Nation had an editorial in Friday's paper to follow up its article on the Bangkok International Film Festival bribery scandal and restate the notion that "things are definitely heating up for Juthamas Siriwan", the former Tourism Authority of Thailand governor.

She is named by the U.S. Justice Department as the recipient of US$1.8 million in bribes the U.S. authorities say Hollywood producer Gerald Green and his wife Patricia paid so they could obtain contracts to run the film festival and other TAT schemes. The Greens are on trial in Los Angeles for violating the U.S. Foreign Corrupt Practices Act.

But I am not so sure anything is really happening with the Juthamas case. It was actually in March 2008 that Thailand's Department of Special Investigation concluded the allegations were "well founded" and forwarded the case to the National Counter Corruption Commission. And there it sits. Now, Thailand has not had a stable government for the past year, so it's understandable things like this would take some time. The Nation couches it, saying the NCCC "is expected to make a decision soon". But what of the outcome?

If Jutamas is found guilty and punished, it will be among Thailand's rare successful prosecutions of senior officials or former senior officials. In fact, cases have scarcely reached the prosecution stage if they involve high-ranking personnel in this country. If they do, it takes so long to wrap up that future or potential offenders are more likely to be encouraged than dispirited.

Bangkok Pundit had a followup to the earlier posts on the Greens' trial, and the Thai Visa thread about the scandal has new activity. It makes for lively reading here and there if you have the time to wade through it.

Update: The trial actually starts on Tuesday, August 18, in Los Angeles.

Greens on trial and 'the Governor' is named

The trial of Hollywood producer Gerald Green and his wife Patricia began last week in Los Angeles. The couple are charged with violating the U.S. Foreign Corrupt Practices Act and accused of paying US$1.8 million in bribes to a Thai government official in exchange for contracts, among them for management of the Bangkok International Film Festival.

Since I posted about it last week, there have been a few updates from Variety, the L.A. Times blog, Nikki Finke and the Financial Times.

Bangkok Pundit is all over the case, with comments about the Financial Times article and then a longer post yesterday in which a newly surfaced trial memo is cited (via Am Law). In it, the person previously only referred to by the U.S. Justice Department as "the Governor" is now named. Says the memo:

Defendants Gerald and Patricia Green routinely agreed to, and arranged, payments from a group of Beverly Hills businesses, which they owned and controlled, for the benefit of Juthamas Siriwan ("Juthamas"), the Governor of the Tourism Authority of Thailand ("TAT"). The payments, which totaled approximately $1,8 million over more than four years were in connection with Juthamas' award of, and support for, TAT and TAT-related contracts for promotion of tourism that resulted in approximately $14 million in revenue to defendants businesses. The corrupt payments took place by transfers into the overseas bank accounts of Juthamas' daughter, Jittisopa Siriwan ("Jittisopa"), aka uJib," Juthamas' friend, Kitti Chambundabongse ("Kitti") [BP: Google away the name!], and occasionally by cash delivery to Juthamas in person. Defendants owed Juthamas these corrupt payments as a variable percentage of revenue on TAT-related contracts and subcontracts including, but not limited to, the Bangkok International Film Festival.

Before posting to the blog, BP was a-Twittering away, calling out the Thai press for not covering the Greens' case and its connections to Juthamas, a former leader of the Peua Pandin political party. "If [fugitive former prime minister] Thaksin was to go to pick his nose and it was mentioned in some obscure foreign paper, it would make the papers [in Thailand]," BP retorted.

Coincidentally or not, The Nation has an article in today's edition, citing the Financial Times story and the trial memo that BP mentions. Here's an excerpt:

Things are getting hot for Juthamas Siriwan, former governor of the Tourism Authority of Thailand, as local and overseas investigations point to her as being a key player in the Bangkok International Film Festival bribery scandal.

Piyawat Kingket, chief of the Department of Special Investigation's special crimes unit, said yesterday that evidence has been found locally to implicate suspects, including Jutamas, who has consistently and vehemently denied any involvement in allegedly taking kickbacks while she was overseeing the film festival.

The case, which involved bribery and budgets that were within Jutamas's power to approve, has been forwarded to the National Anti-Corruption Commission, which is expected to make a decision soon on how to proceed, Piyawat said.

The trial of two Hollywood producers accused of trying to bribe their way into running the Bangkok International Film Festival is now under way at the US Federal District Court in Los Angeles, and, for the first time, Jutamas's name has cropped up in the court transcripts.

The local case, however, has not incorporated any accounts from American investigators who questioned producer Gerald Green and his wife Patricia, who stand accused in the US of violating the Foreign Corrupt Practices Act in connection with the film festival.

Getting the US investigators' interrogation records would be a lengthy bilateral process, Piyawat said.

The FBI, however, did seek cooperation from Thailand when launching its probe of the couple during the Surayud government.

The Greens' case is the first use of the FCPA in the entertainment industry, and is being watched closely by film industry folks. It could have a chilling effect on Hollywood doing business not only in Thailand but in other countries as well.

The L.A. Times' Company Town blog cites analysis of the budget for the action film Sahara, saying "$237,386 was spent on 'courtesy payments,' 'gratuities' and 'local bribes'."

The Wrap had an extensive write-up on the case and also cited the example of Sahara and has experts saying the Green case could be a landmark:

You do have a recipe here,” says lawyer and former DOJ corruption-enforcement official Jonathon Drimmer, “where the outcome of the Green case could become an instigator of addition scrutiny of the entertainment industry by the Department of Justice. Like they have with the medical device industry and the oil services industry, they could begin to pursue industry-wide cases based on an investigation of one on a practice that may be repeated by others.

“I’d look very close at my internal controls and books, because the Green case is just the kind of spark to lead to a much brighter spotlight on the film industry.”

In Thailand, industry insiders are sensitive about it, because foreign films shooting on location is big business. According to the Thailand Film Office, foreign productions generate US$56.8 million a year.

I don't know how much of that comes from Hollywood, but behind Indian and Japanese productions, I'd guess it's a pretty fair chunk.

Update: According to the Thailand Film Office, only a small percentage of that actually comes from the U.S. industry, which lags far behind Japan, India and Europe in making movies in Thailand. In 2008, out of 526 productions, only 25 were American.

"Film business in Thailand is NOT corrupt -- only some officials are!" Tweeted Phuket Film Festival organizer and public-relations man Scott Rosenberg in the midst of Bangkok Pundit's blogging and Twittering drive.

Still, wonders Rosenberg. "if Juthamas Siriwan received $1.8 mil in bribes ... who else still at TAT also benefited? She didn't keep all that money, did she?" Other officials "are scared shitless".

Juthamas at one time said she'd sue anyone who connected her to the case, which led to a classic Not the Nation satire article. But now the former Governor has been named. Will anything come of it?

Greens' trial set to begin

The case of Hollywood producer Gerald Green and his wife Patrica is set to begin on Tuesday in Los Angeles. The pair are charged with violating the U.S. Foreign Corrupt Practices Act, having been accused of bribing a Thai government official in order to obtain management contracts, including running the Bangkok International Film Festival.

Law.com recaps the case. Here's an excerpt:

The case is one of the few to go to trial involving violations of the U.S. Foreign Corrupt Practices Act (FCPA), particularly in the entertainment industry, which increasingly has depended upon sales in foreign markets.

"There aren't that many individual prosecutions that go to trial under the FCPA," said Jonathan Drimmer, a partner at Washington, D.C.'s Steptoe & Johnson and an expert on FCPA crimes. "It's not uncommon for FCPA cases to be based against medical companies or pharmaceutical companies, or services companies, but this is the first prosecution that I'm aware of against individuals in the entertainment industry."

U.S. authorities say the Greens made bribes to a Thai official totaling US$1.8 million between 2002 and 2006 in order to obtain $14 million worth of contracts, including the Bangkok International Film Festival as well as the much-troubled Thailand Elite Card.

Update: The Wrap has more on the case.

Update 2: The FCPA blog has an update and there's a post at Compliance Building.

New charge in Bangkok International Film Festival bribery case

An additional charge of obstruction of justice has been filed against Gerald Green, the Hollywood producer who is accused by the U.S. Justice Department of bribing a Thai official in order to obtain contracts to run the Bangkok International Film Festival. And his trial has been postponed from April 21 to August 4.

The FCPA Blog has more.

Don't forget the Greens

A trial is set to start on April 21 for Hollywood producer Gerald Green and his wife Patricia, who are being charged with violating the U.S. Foreign Corrupt Practices Act in connection with the Bangkok International Film Festival bribery scandal.

The U.S. Department of Justice arrested the Greens in December 2007, saying they had paid $1.8 million in bribes to a Thai government official in order to be awarded contracts to run the festival from 2004 to 2006.

The FCPA Blog has the latest on the Greens' case. Here's an excerpt:

In yet another sign of growing cross-border cooperation in the fight against public corruption, the Thai Department of Special Investigation has apparently been sharing potential evidence it collected with U.S. authorities. Pretrial maneuverings show that the Greens have tangled with prosecutors over "hundreds of documents written in the Thai language, which the plaintiff, United States of America, apparently received from the Kingdom of Thailand." The U.S. hasn't said yet which of those documents it intends to use at trial.

On the receiving end of the bribes, the Justice Department's case pointed to "the Governor" of the Tourism Authority of Thailand. During that timeframe, that person was Juthamas Siriwan, who was also president of the Bangkok International Film Festival from 2003 to 2006. In 2007, she was a deputy leader of the Puea Pandin party, but bowed out of the election when news of the Greens' arrest broke.

She has denied any wrongdoing and has threatened to sue anyone who links her to the case. However, Thailand's DSI said the allegations were "well founded", and the case was forwarded to the government's anti-corruption body.

Film fest bribery case sprawls to the Elite Card

New charges have been filed in the U.S. against Hollywood producer Gerald Green and his wife Patricia, the couple accused last year of paying bribes to a former governor of the Tourism Authority of Thailand so they could obtain contracts to run the Bangkok International Film Festival.

The new charges have to do with one of the Greens' companies getting a contract to produce an "elite privilege card" -- the Thailand Elite Card -- which for the current price of 1.5 million baht (around US$44,000) offers membership privileges to foreigners, such as fast-tracked immigration, a five-year visa, rides in airport limosines and free pases at five-star resorts, golf courses and spas.

Variety has the news from the Associated Press, and the Bangkok Post picked up on the story today (cache). The Post names that "former governor" -- Juthamas Siriwan.

The Elite Card has been a hot topic on such foreigner forums as Thai Visa. When it was first introduced in 2003, one of the privileges was the rather dubious claim that cardholders would be entitled to buy land.

The AP says the new indictment accuses the Greens of paying $1.8 million to "the TAT official" in exchange for being awarded lucrative business contracts that would earn them $14 million. They pleaded not guilty to the charges in the original indictment.

The Greens' Festival Management ran the Bangkok International Film Festival from 2004 to 2006, and the contract with their firm was canceled in late 2006 after Juthamas left the TAT governorship.

The Greens are to be arraigned on the new charges on October 14, the AP says.

Update: Bangkok Pundit has comments on this, and links to the Justice Department press release on the FCPA Blog.