Gosar Calls for DOJ and Congressional Investigation of Former Vice President Biden For Possible Violation of Foreign Corrupt Practices Act

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Washington, September 25, 2019 | Jessica Roxburgh | comments

Today, U.S. Congressman Paul A. Gosar, D.D.S. (AZ-04) released the following statement after having read and reviewed the transcript of a phone conversation between President Trump and Ukraine President Zelenskyy that occurred in July 2019:

“I have reviewed the transcript of the phone call between President Trump and Ukraine President Zelenskyy and concluded that the evidence of then Vice President Biden’s potential corruption warrants a full investigation by Congress and the Department of Justice. It appears, based on former Vice President Biden’s admission captured on video, that he used his official office as Vice President to coerce a foreign nation to take action that would personally financially benefit the Vice President’s son. This is the definition of a corrupt practice." 

Under federal law, the Foreign Corrupt Practices Act of 1977, as amended, 15 U.S.C. §§ 78dd-1, et seq. ("FCPA"), a federal government official cannot assist or intervene to influence a foreign official in their official capacity to take an act that is in violation of their domestic duties “in order to assist in obtaining or retaining business for or with, or directing business to, any person.”  Thus, using his official office, and using the threat of withholding official U.S. foreign aid to Ukraine, it appears Biden influenced a foreign official to stop executing their official duties which consisted of investigating Hunter Biden, in order to benefit his son Hunter Biden.  This would, if proven by the DOJ, constitute a violation of the FCPA. Accordingly, as there is a prima facie case, I am asking the Fraud Section of the DOJ, through the auspices of the Attorney General, to open an investigation of this matter.”

Background

On September 25, 2019 the President released a transcript of a phone call between the President and the President of Ukraine.  The transcript establishes that the government of Ukraine fired a prosecutor that was investigating Hunter Biden after Vice-President Biden threatened, in his official capacity as Vice President, to withhold official U.S. foreign aid to Ukraine, if and unless the government of Ukraine did not comply with his demands.   The government of Ukraine, under duress by Vice President Biden, was coerced into firing the prosecutor, thus completing the corrupt act.   The Vice President’s actions, if proven true, would violate the Foreign Corrupt Practices Act of 1977, as amended, 15 U.S.C. §§ 78dd-1, et seq. This act was enacted for the purpose of making it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business. Specifically, the anti-bribery provisions of the FCPA prohibit the willful use of the mails or any means of instrumentality of interstate commerce corruptly in furtherance of any offer, payment, promise to pay, or authorization of the payment of money or anything of value to any person, while knowing that all or a portion of such money or thing of value will be offered, given or promised, directly or indirectly, to a foreign official to influence the foreign official in his or her official capacity, induce the foreign official to do or omit to do an act in violation of his or her lawful duty, or to secure any improper advantage in order to assist in obtaining or retaining business for or with, or directing business to, any person.

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