Next, Recover Funds Embezzled by Lee Teng-hui

Next, Recover Funds Embezzled by Lee Teng-hui
United Daily News editorial (Taipei, Taiwan, ROC)
A Translation
July 1, 2011

Lee Teng-hui and Liu Tai-ying used secret National Security Bureau accounts to embezzle over $7.79 million USD from the nation's coffers. As a result, they have been indicted by the Special Investigation Unit for corruption, money laundering, and other felonies.

When one stops to think about it, this case is truly bizzarre. Consider the way the case developed. Chen Shui-bian had a falling out with Lee Teng-hui. He repeatedly leveled allegations of embezzlement against Lee. That led to the Special Investigation Unit investigation. This major scandal occurred in 1999. But the indictment was delayed until today. During this period political considerations by opportunistic or fence-sitting justice officials prevented prosecution. All those involved, as well as those indicted, should enage in serious soul-searching.

The Special Investigation Unit discovered that Lee Teng-hui abused his authority to enrich himself at the public trough. In 1994, Lee Teng-hui took 10,5 million USD from secret national security accounts, ostensibly for foreign relations. Between 1995 and 1997, then National Security Bureau (NSB) Chief Ying Chung-wen made up the shortfall, using of NSB funds. The shortfall was only 89 million NTD. But Lee Teng-hui, Liu Tai-ying, and Ying Chung-wen arranged for the purchase of a building for the Taiwan Research Institute, to be used as a political base after their retirement. The two knew perfectly well that the NSB had already made up most of the funds. But they demanded that the Ministry of Foreign Affairs cough up over 10 million USD anyway, and return it to the National Security Bureau. From the very beginning , they made up their minds to wait until the Ministry of Foreign Affairs handed the money over. They themselves would return only the final shortfall in the secret national security account -- 89 million NTD. The remaining 200 million NTD, or 7.79 million USD, was diverted into Lee's private accounts. The Ministry of Foreign Affairs initially objected. But President Lee Teng-hui instructed Presidential Office Chief Su Chih-cheng to repeatedly pressure the Ministry of Foreign Affairs. In the end, it agreed to pay back the money, and to act as the fall guy.

To cover up Lee's corruption, Liu Tai-ying and Yin Chung-wen agreed to use Hsu Ping-chiang and Liu Kuan-chun. In the name of an NSB secret mission, they ordered a domestic bank to open a U.S. account under a pseudonym. Then in the name of the National Security Bureau, they ordered the Ministry of Foreign Affairs to transfer funds into that account. This would avoid an Internal audit by the National Security Bureau. Once the funds were transferred, a small amount was withdrawn and put back in the NSB secret account. Yin Chung-wen instructed Hsu Ping-chiang to issue 7500 travelers checks, totalling 7.5 million USD, along with 290,000 USD in cash, stuff them into two large fruit cartons, and deliver them to Liu Tai-ying. Apparently corrupt officals on Taiwan share certain predilictions. They love stuffing their dirty money into fruit cartons. President Lee Teng-hui and the National Security Bureau were no exception.

This huge sum of money in Liu Tai-ying's hands was hard to deal with. As a result, Liu Tai-ying sought out Yin Yan-liang for help in laundering the money. First, Liu Tai-ying used 400,000 USD for private purposes. Then he turned the remainder over to Yin. Yin used a number of dummy accounts to "donate" the money to the Taiwan Research Institute. At this point, Lee mysteriously misappropriated most of the stolen money, and Liu Tai-ying secretly pocketed some of the money as well.

In 2002, Liu Kuan-chun ran from the law. The media began reporting problems with the national security secret account, Hsu Ping-chiang realized he had been used. He sought out Yin Chung-wen, and asked him to straighten the matter out. In order to cover up Lee's crimes, Yin Chung-wen sought out Liu Tai-ying, and asked him to backdate receipts. He turned them over to Hsu Ping-chiang, who then turned them over to the National Security Bureau. Together they visited Ta Hsi in Taoyuan County, to meet with Lee Teng-hui and discuss how to falsify documents. They lied, claiming that the National Security Bureau had provided grants to the Taiwan Research Institute. They falsified evidence repeatedly. But the conspirators were unable to keep their story straight. This led prosecutors to conclude they were guilty.

Actually, the media reported on the case in 2002. The Taipei District Prosecutor's Office Investigated. The pertinent facts were rendered crystal clear. But prosecutors were subject to political interference, The only one indicted was Hsu Ping-chiang, a minor player. Yin Chung-wen was already deceased. Lee Teng-hui and Liu Tai-ying were not even mentioned. Such selective prosecution meant that the truth of the case could not emerge. Hsu Ping-chiang was merely following orders. That made it difficult to charge him with any crimes. As expected, Hsu Ping-chiang was found not guilty. The real perpetrators were not indicted until today.

By prosecuting this case, the Special Investigation Unit is "locking the barn door after the horse has been stolen." It is finally upholding justice. Most controversial of all is the National Security Bureau. Hsu Ping-chiang had been indicted. The Taiwan Research Institute improperly obtained public funds. These were established facts. The money had been fraudulently acquired by the Ministry of Foreign Affairs. The National Security Bureau had hand delivered it to the Taiwan Research Institute. The National Security Bureau must bear responsibility. It must recover the money. But over the years, the National Security Bureau did nothing. It watched idly as public funds were embezzled. The prosecution has finally charged Lee Teng-hui with a crime. Now, does the NSB intend to recover the stolen money or not?

下一步，向李登輝追回贓款
【聯合報╱社論】
2011.07.01 03:02 am

李登輝和劉泰英因國安秘帳案，共謀侵吞國庫美金七百七十九萬餘元，遭特偵組起訴貪污、洗錢等重罪。

說來這真是一個弔詭。本案有今日發展，居然是因陳水扁與李登輝反目而多次提出指控，才帶動了特偵組的偵辦。這樁發生在民國八十八年間的重大弊案，遲至今日始偵結起訴，其間因種種政治因素考慮而曾干擾辦案的當政者，或投機觀望的司法工作者，實應與涉案人一同深刻自省。

特偵組調查結果顯示，此案是李登輝利用職權以假公濟私的騙案。八十三年間，李登輝以外交需要為由所動用國安秘帳的那一筆一千零五十萬美元，其實在八十四到八十六年，已由當時的國安局長殷宗文逐年以國安局預算結餘補回，尾帳差額只有台幣八千九百萬餘元。但李登輝和劉泰英、殷宗文為安排李在退休後購置大樓設立台綜院為政治基地，竟在明知國安局已補回秘帳大多數墊款的情況下，仍然要求外交部拿出全額墊款即一千餘萬美元，還給國安局；他們一開始即打定主意，待外交部交出錢來，就只把國安秘帳的最後差額台幣八千九百萬餘元還回去，其餘的二億多台幣即美金七百七十九萬餘元，則挪為私用。本來有意見的外交部，在李登輝指令時任總統辦公室主任的蘇志誠再三要求外交部的情況下，只好同意還錢，做了冤大頭。

為掩飾貪污行為，劉泰英、殷宗文又商量好，利用徐炳強、劉冠軍等人先以國安局機密任務為名，指令某國內銀行開立使用化名的美金帳戶，再以國安局名義，要求外交部將錢匯入那個安排好的帳戶，以避開國安局內部的稽查。匯入之後，除了少部分提領歸還國安秘帳尾帳，其餘的錢則由殷宗文指示徐炳強開成七千五百張共七百五十萬美元的旅行支票，以及美金二十九萬餘元的現金，裝入兩只大水果盒，交付給劉泰英。看來，貪污犯罪似乎有相同的習慣，喜歡使用水果盒裝錢，總統及國安局級別的貪污也不例外。

這一大筆錢到了劉泰英手上，也很不好處理；於是，劉泰英找尹衍樑來洗錢、漂白。劉泰英先私用了其中四十餘萬美元，將其餘的錢交給尹，尹再借用許多人頭「回捐」給了台綜院。事情至此，似乎神不知鬼不覺地，李登輝挪用了大部分的贓款，劉泰英也私自分了一些甜頭。

九十一年間，因劉冠軍犯罪逃亡案，媒體開始報導國安秘帳問題，徐炳強發現自己被利用了，找上殷宗文要求處理；殷宗文為了掩飾犯罪，遂帶徐找劉泰英簽了倒填日期的收據，給徐炳強帶回國安局。他們又一同到桃園大溪見李登輝，共同商議假造公文，謊稱是國安局補助台綜院云云。然而，這種種事後假造證據的行為，最終都成了這夥共犯無法自圓其說而遭檢察官認定犯罪的理由。

其實，在九十一年間，媒體報導此案，台北地檢署偵辦之際，相關案情已經十分明朗；只不過當年的檢方受到政治干預，遂只起訴了小角色徐炳強，而殷宗文已死亡，至於李登輝和劉泰英則連提都未提。如此切割式地起訴，使案情不能完整呈現，且徐炳強當年係奉命行事，本來就很難構成罪行，果不其然徐炳強判決無罪確定。真正的犯罪者，至今日才受到追訴。

檢方由特偵組亡羊補牢，偵結起訴本案，終使本案回歸司法正義。最可議的是國安局，當年徐炳強遭起訴時，已使台綜院不當取得公款成為確定的事實；而這筆由外交部詐來的錢，既然是國安局一手交到台綜院的，國安局即責無旁貸，應加以討回；但國安局這麼多年來，卻毫無動作，坐視公帑遭侵占。現在檢方既已起訴，國安局難道還能不追回這筆贓款嗎？