A United States professor of law, Alexander W. Sierck has sent an appeal to the government of President Barack Obama through the country’s Securities and Exchange Commission (SEC) to employ President Goodluck Jonathan’s state pardon to former Governor of Bayelsa State Diepreye Alamieyeseigha, as an illustration that there is no remedy for victims of corruption in Nigeria.
In the appeal, Sierck, who is also a Volunteer Counsel to Socio-Economic Rights and Accountability Project (SERAP), urged the American SEC not to overlook Alamieyeseigha’s case but take action to ensure that victims of corruption, in cases like the one he perpetrated while in office, can receive appropriate remedies in the US.
In a letter to the American government made available to Huhuonline.com, explained the appeal as a follow up on the telephone conversation he had with some American government officials concerning the March 15, 2012 proposal of his client, SERAP, that the SEC establish a process to enable foreign victims of corruption and bribery by actors subject to the Foreign Corrupt Practices Act (FCPA) jurisdiction to apply for some or all of the proceeds of SEC FCPA settlements, subject to anti-corruption safeguards.
“I understand that while there is some sympathy for such victims, some in the US contend that such victims should seek redress under the laws of their home countries rather than look to the US as a first resource. In SERAP’s judgment this latter approach has more appeal in theory than in practice,” he wrote.
“One recent event in Nigeria illustrates this point. A former regional governor in Nigeria, Diepreiye Alamieyeseigha, pled guilty to several charges of bribery and money laundering acts while in office and was sentenced to jail. Yet, only recently Nigeria’s president, Goodluck Jonathan issued him a full pardon.”
Professor Sierck quoted the Nigerian government as confirming the US rejection of state pardon for the former governor, saying, “The point here is that, with due respect, victims of corruption are often without recourse in their home countries.
“This means that they must look elsewhere. We hope that the US and other OECD member countries will not overlook this important consideration.”
The American SEC had earlier decided to give appropriate consideration to the request by SERAP, asking the agency to establish an efficient case-by-case process for the payment of some or all of US Foreign Corrupt Practices Act (FCPA), civil penalty and disgorgement proceeds to or for the benefit of the victimized foreign government agency or the citizens of the affected foreign country like Nigeria.
SEC replied in a letter dated 25th April 2012, signed by Robert S. Khuzami, director of SEC, and addressed to Professor Sierck.
Sierck practices law in the Washington, D.C. office of Cameron LLP. For 13 years, he has co-taught a course at Georgetown’s Law School on international white collar crime, and he’s a former Director of Trade Policy at the Antitrust Division of the US Department of Justice.
