The DPP Should Demand that Chen Shui-bian Cough Up the Money

The DPP Should Demand that Chen Shui-bian Cough Up the Money
United Daily News editorial (Taipei, Taiwan, ROC)
A Translation
September 16, 2009

Four members of the Chen family have received heavy sentences and stiff fines. But justice hasn't been done. The court is imposing stiff fines on the Chen family, confiscating Chen family assets, and imposing taxes on the Chen family's undeclared assets. But the court's rulings won't necessarily force the Chen family to cough up its ill-gotten gains.
First, let's clarify the district court's ruling on the money. The court held that Chen Shui-bian must serve a life sentenceand pay a 200 million NT fine. Wu Shu-chen must serve a life sentence and pay a 300 million NT fine. Chen Chih-chung must serve a two years six months sentence and pay a 150 million NT fine. Huang Jui-ching must serve a one year and eight months sentence and pay a 150 million NT fine. The four fines together add up to 850 million NT. Superficially the fine is intimidating, but in fact it's a toothless paper tiger. That's because the court is allowing them to work off their fines. No matter how much they have been fined, the longest any of them will have to work is six months. In other words, if the four of them refuse to cough up the money, each of them will only have to work for six months. They will then be free and clear. Do the math. What's another six months to them? Therefore this 850 million is as good as gone.

The court has imposed stiff fines on the Chen family, confiscated Chen family assets, and levied taxes on the Chen family's illegal income. Among them, Ah-Cheng and her accomplices are liable for 500 million NT. Chen Chih-chung, Huang Juiching is liable for 350 million NT. Together, they must cough up 850 million NT. If the Chen family fails to cough up this sum, the court will seek to recover the funds by liquidating Chen family assets. But according to media reports, the value of Chen family assets on Taiwan does not exceed 500 million NT. That is not enough. Also, before the justice system has a chance to confiscate the Chen family's wealth, it may be transferred. If it is, additional obstacles will arise. Therefore the Chen family knows this part of the game is lost. It is resigned to forfeiting its assets on Taiwan and being done with it. So what if it is fined 850 million NT?

Finally, Huang Jui-ching was given probation, but she must pay 200 million in fines. This is the government's only pressure point on the Chen family. If Huang Jui-ching refuses to cough up 200 million NT, her probation can be revoked. The result would be imprisonment along with Chen Chih-chung. The court allowed one member of the couple to enjoy conditional probation. But if the Chen family is ruthless enough, it may choose to serve the time instead, and this 200 million would be as good gone also.

As we can see, if we really want to recover the Chen family's ill-gotten gains, we must start with the money it has transferred overseas. The quickest way this money can be recovered, is if the Chen family cooperates fully. It must first plead guilty. This will establish the legal status of the funds. The Chen family must complete all procedures and submit all documents required by the justice system of foreign governments or foreign banks. Our own justice system can then use this evidence to recover the money. Of course to convince the Chen family to agreed to this, one must convince all of its members. Based on current observation, the most resistant member appears to be Chen Shui-bian. Chen Shui-bian's obstinacy is a result of the DPP's pusillanimity, together with the mob passions of a small number of Deep Green Ah-Bian supporters. The DPP however, is the key. The Democratic Progressive Party prattles on about procedural matters. It is either unwilling or afraid to confront Chen's corrupt behavior. This gives Chen Shui-bian with room to maneuver. It allows people who don't understand the issue to believe all sorts of lies. Annette Lu said she does not condone corruption, and that the Chen family must apologize. But this is not enough. The DPP must demand that the Chen family plead guilty and cooperate in recovering the embezzled funds. It must demand justice. If the Democratic Progressive Party does this, from top to bottom, Chen Shui-bian will be forced to confront the public. No matter what the DPP might think of the Chen corruption trial, it must demand that Chen Shui-bian return the money it has squirreled overseas. This is the bottom line.

If the Chen family remains obdurate to the bitter end, then the justice system has no choice but to prosecute it to the fullest extent of the law. It will then have to await the third instance court verdict. The court will ascertain that these funds were criminal proceeds. It will then recover them with the help of foreign governments. This will of course take a long time. Many obstacles may arise. For example, the DPP has repeatedly demanded Chen Shui-bian's release, Other Chen family members are not currently in custody. They cannot be forbidden to leave the country indefinitely. If they are, it will lead to political controversy. Once Chen family members are free to travel abroad, who knows what actions they will take while abroad. If they file suit against our justice system from overseas, then recovery of the embezzled funds will become a distant dream.

Imagine one day news stories of the Chen family living in the lap of luxury overseas. How will people feel? Having said that, we must once again condemn former Bureau of Investigation Chief Yeh Sheng-mao. The Egmont Group provided evidence that the Chen family was engaged in money-laundering. This corrupt bureau chief leaked the entire story to Chen Shui-bian. As a result the Chen family swiftly transferred its funds overseas, making it difficult to uncover the truth today. With such a Bureau of Investigation Chief, no wonder justice is so difficult to uphold, and the justice system is in such disrepute.

民進黨該教陳水扁把錢吐出來
【聯合報╱社論】
2009.09.16 03:09 am

扁家四人被判重刑及高額罰金，但社會正義並沒有得到伸張。因為，法院判的罰金、沒收、追繳及追徵，即使定讞，也未必能夠逼他們將貪汙得來的錢吐出來。

首先釐清法院判決有關錢的部分。法院判定陳水扁應執行刑是無期徒刑，併科二億元罰金；吳淑珍是無期徒刑，併科三億元罰金；陳致中則是有期徒刑二年六月，併科一億五千萬元罰金；黃睿靚一年八月，併科一億五千萬元罰金。四人罰金加起來高達八億，看起來很嚇人，但其實是沒有牙齒的紙老虎。因為這些罰金，法院皆准其易服勞役；且不管罰多少錢，四人折算的易服勞役最高都是六個月。也就是說，四人若不肯拿出錢來，每人只消服六個月的勞役就可抵帳了事。打打算盤，多這六個月他們會在乎嗎？因此，這八億也許就一筆勾消了。

接下來是法院判決應沒收、追繳或者追徵的各項犯罪不法所得。其中，扁珍和一干次級罪犯連帶負責的總共是五億元，陳致中、黃睿靚則是三億五千萬元，合計八億五千萬元。這部分扁家不拿出來的話，會被追徵財產。但是，扁家留在台灣的財產，據媒體報導價值不會超過五億元；非但不夠，而且司法機關還沒有去查扣，一旦有移轉，又將增添障礙。所以說，扁家心裡有數，這部分躲不過的，那就把留在台灣的家底都丟出去完事，判八億五千萬元又怎樣？

最後是黃睿靚被判緩刑，但須向公庫繳納二億元的部分。這是唯一對扁家有一點壓力的地方。黃睿靚不繳納二億元，其緩刑宣告可以撤銷，結果就是和陳致中一起坐牢。原先法院在他們夫婦之中擇一人給予有條件緩刑，但若扁家心夠狠，寧可坐牢也不在乎，那這二億元也就落空了。

從以上的整理可以得知：真正要追出扁家的貪汙所得，還是要從海外的錢下手。若要追回這些錢，最快的辦法就是扁家充分配合，先認罪，使這些錢的性質確定；且扁家完成並交出外國政府或司法機關、銀行要求的一切手續和文件，我國司法機關再據以索回款項。當然，要扁家同意這麼做，必須說服其全部成員；以目前情況看來，抗拒最力的人就是陳水扁。而陳水扁態度頑強，和民進黨的軟弱，以及部分深綠挺扁群眾的激情有著密切的關聯性。其中，民進黨又是關鍵。民進黨至今空談一些程序問題，始終不肯或不敢正面評價陳水扁的貪腐行為，這給了陳水扁操作的空間，也讓不明就裡的群眾產生幻想。呂秀蓮說，不挺貪腐，扁家應再道歉；但這還不夠，民進黨應該要求扁家認罪，立即配合追回贓款，以伸張社會正義。倘若民進黨上上下下都這麼說，陳水扁就必須面對國人。無論民進黨對扁案作何看法，應當叫陳水扁把海外的錢匯回，這是底線。

扁家若頑抗到底，那就只好走完司法程序，待三審判決確定，法院認定了那些贓款，再循國際互助途徑，追回款項。這當然要等待很長一段時間，中間變數也多。例如，民進黨一再叫嚷釋放陳水扁，其他扁家成員現在既未羈押，也不可能長期限制出境，否則又會引起紛爭；一旦扁家成員可以自由出入國門，則其在海外會採取什麼行動，殊難逆料。倘若他們在海外針對我國司法機關提出對應的訴訟，則拿回贓款恐怕就更遙遙無期了。

想像未來某一天，新聞報導：扁家某某在海外過著吃香喝辣的豪奢生活，國人將作何感想？說到這裡，就不能不再譴責前調查局長葉盛茂。當初艾格蒙聯盟提供扁家洗錢情資，這位媚上欺下的局長全部洩露給陳水扁，於是扁家趕緊在海外到處藏錢，至今真相難明。有這種調查局長，莫怪正義難伸，司法蒙羞。