Chen Shui-bian's "Little Envelopes" and "Big Reservoir"

Chen Shui-bian's "Little Envelopes" and "Big Reservoir"
United Daily News editorial (Taipei, Taiwan, ROC)
A Translation
August 14, 2008

Corruption suspects should watch their attitude.

The Special Investigative Unit has classified Chen Shui-bian as a corruption suspect and issued him a summons. In his defense, Chen Shui-bian is invoking the "Big Reservoir Theory." He has declared that he will reveal more "state secrets" to the public prosecutor. His unrepentant attitude after committing such major crimes is deeply offensive.

Based on recent legal precedent, the so-called "Big Reservoir Theory" applies only to the "signed receipt required" portion of the Discretionary Fund, i.e., the portion that "does not require invoices." Chen Shui-bian is accused of falsifying the "invoices required" portion. Each expense must be written off, The Prosecution has ascertained that Chen Shui-bian used false invoices in order to receive illegal reimbursements.

The problems Chen Shui-bian and his wife face have to do with their "Little Envelopes." They have nothing to do with any "Big Reservoir." We need only look at Prosecutor Eric Chen's letter of indictment regarding this issue. Based on current knowledge, Chen Shui-bian and his wife engaged in the following acts: Wu Shu-chen collected invoices. She placed them in envelopes. She ordered them hand delivered to Thomas Chan at the Presidential Palace. Thomas Chan enclosed the fraudulent reimbursements in envelopes. The amounts ranged from several thousand NTD to 500,000 NTD. Chan ordered them hand delivered to Wu Shu-chen.

What do these "Little Envelopes" have to do with the "Big Reservoir?" Nothing. Chen Shui-bian had the temerity to boast that not one dime of money went into "private pockets." But how does he intend to explain away the money that went into Wu Shu-chen's "Little Envelopes?" Chen Shui-bian cannot possibly be unaware that "signed receipts required" and "invoices required" are entirely different matters. He cannot possibly be unaware that the "Big Reservoir" and the "Little Envelopes" are entirely different matters. Does he actually believe his transparent attempt to confuse the public will succeed?

Chen Shui-bian declared he would reveal more "state secrets" to the Special Investigative Unit. This is obviously an attempt to confuse the public. One. Wasn't Chen Shui-bian in a big hurry to demand the return of "state secrets" from the court? Why is he now so eager to deliver more "state secrets" to the Special Investigative Unit? Two. Chen Shui-bian is no longer in office. How is he obtaining illegal access to all these "state secrets?" Three. Chen Shui-bian is claiming that "information in his mind" constitute "state secrets." Would Chen have us believe that even information without document numbers are "state secrets?" Four. So far the public merely wants to know whether the files already turned over to the Courts are "state secrets." Could it be Chen Shui-bian is attempting to confuse the public by deliberately offering more "state secrets" to the court? Five. Chen Shui-bian is without a doublt attempting to mire the investigation and prosecution of his corruption case in a procedural quagmire by relentlessly trotting out "state secrets."

The extent of Chen Shui-bian and his wife's crimes may be subject to debate. But their attitude after committing these crimes is utterly reprehensible. They now want to offer up an endless succession of "state secrets" in an attempt to obstruct justice. This is clear evidence of "unrepentant behavior." They refuse to admit guilt. They refuse to express remorse. Their conduct will not help them during any legal proceedings against them. It is unlikely to win them any public sympathy.

Chen Shui-bian misappropriated public funds by using false invoices from the Grand Hyatt Hotel and other sources. He ordered them delivered to Wu Shu-chen in a Presidential Office envelope. This of course constitutes corruption. Afterwards, Chen Shui-bian, with the help of his aides, had the temerity to fabricate a fictitious "Southern Front Project" to cover up his crimes. This is an aggravated crime. Wu Shu-chen's fainting in court, and refusal to appear in court thereafter, constitute contempt of court. Furthermore, Chen Shui-bian's belated classification of evidence "top secret" was an attempt to conceal a crime. Chen's demands for constitutional interpretations, his efforts to delay the trial, to force President Ma to declassify "state secrets," to intimidate Ma Ying-jeou by demanding that he be prosecuted for "treason," his threat to "reveal state secrets," are all attempts to prevent his prosecution for corruption. Given Chen Shui-bian's lack of repentance, how can he possibly win public sympathy and understanding?

Chen Shui-bian and his wife are unwilling to own up to what they did. Their attitude may well increase public antipathy toward them. During the long investigation and trial, it may drag the DPP's public image through the mud, and even lead to social divisions. Chen Shui-bian's litigation strategy and lack of repentance are likely to alienate the public and influence political developments.

Chen Shui-bian and his wife's first crime was corruption. Their second crime was to cover up their corruption by lying and obstructing justice. If their lack of repentance leads to public opposition to a presidential pardon, then that is their choice.

陳水扁的「小信封」與「大水庫」
【聯合報╱社論】
2008.08.14 03:17 am

貪汙被告應注意犯後態度

特偵組開始以被告身分傳訊陳水扁。陳水扁用「大水庫理論」來自我辯護，並宣稱未來將提供更多「機密」給檢察官。如此這般的「犯後態度」，實在不堪入目。

依據迄今的偵審案例，所謂的「大水庫理論」，僅限用於特別費之「領據報銷」部分，亦即「不需發票單據核銷」之部分；如今陳水扁被控犯罪部分，則是「單據核銷」部分，每一項開支皆須憑據核銷，陳水扁被檢方認定是用假發票詐領。

事實上，陳水扁夫婦的問題出在「小信封」，而與「大水庫」無關。只須看陳瑞仁檢察官起訴書指出的部分情節，即知陳水扁夫婦的犯罪流程：吳淑珍蒐集發票→用信封裝起來→著人交給總統府陳鎮慧→陳鎮慧將詐領的公帑（一次數千元至五十萬元）裝入信封→著人轉交吳淑珍。

試問：這個「小信封」的流程，與「大水庫」有何關係？陳水扁竟稱沒有一毛錢進入「私人口袋」，但如何解釋這些錢進了吳淑珍的「小信封」裡？陳水扁不可能不知「領據報銷」與「單據核銷」是兩回事，更不可能不知「大水庫」與「小信封」是兩回事。卻竟兀自企圖混淆視聽，豈能得逞？

陳水扁又宣稱將要提供更多「機密」給特偵組，這更分明是要打「烏賊戰術」。一、陳水扁不是正急著要將「機密」從法庭抽回嗎？如今卻怎麼又要將「機密」往特偵組裡送？二、陳水扁已經卸職，手上豈能再擁有任何「機密」？這些機密是從何處竊取而來？三、陳水扁甚至主張，「腦海中所知訊息」亦是「機密」，難道又是連一個文號都沒有的「機密」？四、現在大家只問已經送到法庭的東西是不是「機密」，陳水扁難道是想用其他的「機密」攪和進來混淆視聽？五、陳水扁若不斷拋出「機密」，當然是欲使整個偵審流程陷於程序泥淖之中。

陳水扁夫婦的犯行固然可議，其「犯後態度」尤其惡劣。如今若又要藉「不斷拋出機密」之類的小動作來干擾偵審，這更是擺明了「犯後態度不佳」，不肯認罪、沒有悔意，恐怕未必有利未來審判，更難獲得國人的同情。

且看：陳水扁指使以君悅飯店等假發票報銷，侵吞公款，再由總統府放在信封袋裡交給吳淑珍，這當然涉嫌貪汙行為；事發後，陳水扁居然與幕僚串供，以「南線專案」等謊言來脫罪，這是罪加一等；而吳淑珍開庭暈倒，迄今未曾出庭，亦是玩弄司法；再接著，陳水扁又「補核定」扣案證據為「絕對機密」，更是掩飾犯罪；再又聲請釋憲，拖延審判；經馬總統註銷機密，更發動立委控告馬英九「外患罪」；揚言將「不斷拋出機密」，以干擾偵審……。陳水扁如此這般的「犯後態度」，如何能獲得國人諒解？

陳水扁夫婦不願坦然面對司法審判，不但可能增添國人的惡感，且在未來漫長的偵審過程中，亦可能把民進黨的形象也拖下水，甚至造成社會的對立與撕裂。因此，就現今情勢的發展趨勢看，陳水扁的訴訟策略與犯後態度，極可能將成為牽動未來民情與政局的重大變數。

陳水扁夫婦貪汙犯罪已是一錯，掩飾犯罪、謊言狡賴、干擾審判更是一錯再錯；犯後態度如此不佳，陳水扁若要弄到屆時國人皆反對特赦，那就是咎由自取了。