Subject:

Attorney Client Communication/Work Product confidential and privileged

From:
"Louis Freeh" freeh@freehsporkinsullivan.com
To:
"Hunter Biden" hbiden@rosemontseneca.com, "Rob Walker" rob@rstp.com, "Judgesullivan@freehsporkinsullivan.com Judge Sullivan FSS" Judgesullivan@freehsporkinsullivan.com, "FGI Jim Bucknam Email" bucknam@freehgroup.com, "Gene II Sullivan" esullivan@freehgroup.com, "FGI Tim Flynn" Flynn@freehgroup.com
CC:
"FGI Patti Bescript" bescript@freehgroup.com
Date:
2016-07-15 07:38
Attorney Client Communication/Work Product confidential and privileged Dear Hunter and Rob Good morning. Our team is just finishing a 4-day visit here in Bucharest with GP and his colleagues. Long days were followed by productive working dinners with GP and his colleagues (his lovely fiancé Dorothy joined us last night). We were very impressed with GP's associates and outside lawyers. We reviewed many documents, testimony, trial transcripts--and our retired Romanian-American FBI Agent (she was previously the Legat here and met GP at an AmCham event) listened to the actual tape recordings used by DNA to obtain the Abuse of Office (AOO) and Bribery convictions. Unlike our system, the court here mostly focuses on the 'transcripts and reports' of the conversations/meetings rather than the actual tapes. As she reviewed them, we found that many of the key statements by the DNA/UCA Motoc are NOT even on the tapes, or, are contradicted by the tapes (eg., Motoc claims it was Sherban (GP's convicted co-defendant police officer) who suggested they meet with GP. In fact, the tape proves that it was Moroc who pushed for the meeting. On another tape Gabby listened to, it's Motoc who suggests Sherban and Pitcovici (2nd police defendant convicted) pay him a bribe - which they totally reject-and so on and so forth. At this point, the only option may be to resubmit new transcripts to the court if a 'retrial' or appeal permits evidence to be revisited. While the AOO conviction should be thrown out on the basis of the 6/15/16 Constitutional Court decision (which says the AOO crime requires the breaking of a specific law--not our case), and the bribery charge is unsustainable based on the best interpretation of DNA's evidence, it's Romania and not the SDNY (or DC Superior Court)! The entire judicial/DNA/SRI system is at best, totally broken, and at worst, totally corrupt. So we have told GP and his fiancé and colleagues that undoing this 6/23/16 court conviction is a very big challenge. However, we're writing a 'white paper' on the law/facts here along with our conclusions. This can be used with the GOR and its agencies, courts, etc., and also with GP's banks and FIs which are now putting lots of pressure on GP and his businesses (his Cyprus bank closed accounts this week). We reached out through the FBI here and requested (courtesy first) meetings with the DNA, SRI and US Ambassador. As of last night, only the SRI responded and said it needed several weeks notice so we'll start that process. Separately, we're in touch with a senior FBIHQ official who is interested in meeting our client. We may need to think about both a DOS and PR (US and Romania) strategy as we go forward. It seems like the GOR wants to seize the hugely valuable Baneasa project, and getting GP out of the picture is a necessary prerequisite. The problem with DOS (and probably DOJ/FBI) is they have been trumpeting the success of rule of law in Romania (of course they finance and promote it) while the exact opposite is true (we learned about several other major DNA cases similar to Baneasa). The DOS is directly affected here because their 99-year leasehold is now sequestered by the court (so no construction projects). But getting them to intervene will be tough. I may try to have GP back to WDC in the next weeks for external meetings. Meanwhile, the court moved the civil case) part of the criminal case) hearing from September to 7/21 at the request of DNA. In a worse case scenario, GP's entire Baneasa project could have its land forfeited to the GOR. So let's stay in touch and perhaps we should meet to formulate/update our common strategies. Best regards Louie . Sent from my iPhone <?xml version=.0" encoding=TF-8"?> <!DOCTYPE plist PUBLIC "-//Apple//DTD PLIST 1.0//EN" "http://www.apple.com/DTDs/PropertyList-1.0.dtd"> <plist version=.0"> <dict> <key>conversation-id</key> <integer>40340</integer> <key>date-last-viewed</key> <integer>1639617192</integer> <key>date-received</key> <integer>1468582739</integer> <key>flags</key> <integer>8590195713</integer> <key>remote-id</key> <string>240228</string> </dict> </plist>

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