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U.S. v. Tomas Alberto Clarke Bethancourt, Jose Alejandro Hurtado, and Maria de Los Angeles Gonzalez de Hernandez, a/k/a "Maria De Los Angeles Gonzales," a/k/a "Mary"

 
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Gonzalez, Maria de los Angeles de Hernandez
:
DOJ Criminal
:
May 7, 2013
:
U.S. v. Tomas Alberto Clarke Bethancourt, Jose Alejandro Hurtado, and Maria de Los Angeles Gonzalez de Hernandez, a/k/a "Maria De Los Angeles Gonzales," a/k/a "Mary"
:
U.S. v. Clarke, et al., No. 13-MAG-0683, 13-cr-901 (S.D.N.Y. 2013)
:
Defendant Maria de los Angeles Gonzalez de Hernandez is a Venezuelan foreign official. Since government officials may not be charged for receiving bribes under the FCPA, the government charged her with money laundering and Travel Act offenses.

Co-defendants Jose Alejandro Hurtado and Tomas Alberto Clarke Bethancourt allegedly paid bribes to Gonzalez through their employer, a broker-dealer that is unnamed in the criminal complaint. The SEC parallel complaint identifies the broker-dealer as Direct Access Partners LLC, a New York corporation. The SEC complaint does not contain any FCPA charges, most likely because the alleged scheme involved broker-dealers rather than issuers.
:
Financial-Broker Dealer
:
Venezuela
:
2008; 2009; 2010
:
Maria de los Angeles Gonzalez de Hernandez, a senior official at Banco de Desarrollo Económico y Social de Venezuela, Venezuela’s state-owned economic development bank
:
From at least December 2008 to October 2010, the DOJ alleges that Tomas Alberto Clarke Bethancourt and Jose Alejandro Hurtado, two employees of a U.S. broker-dealer, paid bribes to Maria de los Angeles Gonzalez de Hernandez, a senior official in Venezuela’s state economic development bank, Banco de Desarrollo Económico y Social de Venezuela (“BANDES”). According to the Criminal Complaint, Clarke and Hurtado made at least $3.6 million in kickback payments to Gonzalez in exchange for Gonzalez directing approximately $60 million of BANDES' business to the broker-dealer. Hurtado, who was paid millions of dollars by the broker-dealer (which included finders fees generated from the sale of securities that the broker-dealer bought from and sold to BANDES), allegedly conveyed a portion of those fees to Gonzalez. Additionally, the Complaint alleges that millions of dollars generated from the sale of bonds to and from BANDES were sent from the broker-dealer to a foreign entity controlled by Clarke, with a portion of the funds going to an entity partially controlled by Gonzalez. In total, the Complaint alleges that Gonzalez allegedly received over $5 million (including $3.6 million through Clarke and Hurtado) in kickbacks from the broker-dealer's employees and others associated with the broker-dealer, often through individual and corporate intermediaries.

The Complaint also alleges that Clarke and Hurtado conspired to transfer the money to accounts outside of the U.S. to conceal the payments and route them to Hernandez and that the parties violated the Travel Act.

Clark, Hurtado, and Gonzalez were arrested in Miami on May 3, 2013.

On November 18, Gonzalez pleaded guilty to two counts each of money laundering and violating the Travel Act, as well as conspiracy. Sentencing is scheduled for Aug. 15, 2014.
:
Conspiracy - Money Laundering, Conspiracy - Travel Act, Money Laundering, Travel Act
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Plea
:
Not stated.
:
0
:
Other Person
:
Other Senior Officer
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Foreign
:
Venezuela
:
Other Business Advantage
:
60,000,000
:
Cash, Wire/check
:
Direct, Shell entity
:
3,200,000
:
Switzerland
:
Switzerland, United States
:
No
:
No