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 government concludes the court filing by saying:
The [pre-sentence report] calculates defendant Gerald Green’s Total Offense Level as 38, his Criminal History Category as I, and his sentencing range as 235-293 months. With the inclusion of the additional role and obstruction enhancements recommended above, his Total Offense Level would be 44 and his sentencing range would be life in prison.
Hollywood film producers Gerald Green, 76, and his wife Patricia, 52, were scheduled to be sentenced by Judge George H. Wu in federal court in Los Angeles on December 17. But the government and the Greens agreed this week to postpone the sentencing until January 21, 2010. They said late delivery of the pre-sentence report on November 30 was the reason.
The Greens were convicted by a federal jury in September. The DOJ said evidence presented during their 2½-week trial showed that beginning in 2002 and continuing into 2007, the Greens conspired with others to bribe the former governor of the Tourism Authority of Thailand in order to land lucrative film festival contracts as well as other deals for the development of a Thai Privilege Card, and for a website, book, video, calendars, and public relations services. The Greens used different business entities, some with dummy addresses and telephone numbers, to hide how much they were receiving under the contracts.
At least $1.8 million from their take went to bribe the former governor. The DOJ said the Greens disguised the bribes as "sales commissions" and made the payments through bank accounts in Singapore, the United Kingdom and Jersey, some in the name of the former governor's daughter and a friend.
The jury found the Greens guilty of conspiring to violate the FCPA, 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 each carry a maximum penalty of five years in prison, each of the money laundering counts carries a maximum penalty of 20 years in prison, and the tax charges against Patricia Green each carry a maximum penalty of three years in prison.
Download a copy of the government's December 14, 2009 response and objections to the pre-sentence report for Gerald Green here.