Three Men Charged in Federal Indictment Alleging Commercial Bribery
December 5, 2011Two Chinese nationals and a Chambersburg resident currently residing in Poland have been indicted by a grand jury in Harrisburg on charges involving the offering and accepting of almost $100,000 in bribes and kickbacks related to fraud committed against a Camp Hill business.
United States Attorney Peter J. Smith announced that Wojciech Tomasz Malinowski, 54, formerly of Chambersburg, Yuhua Tang, 59, New York, NY, and Li Jian, 43, of China were indicted on November 30, 2011 on two counts of wire fraud, interstate travel in aid of racketeering and criminal conspiracy.
According to the indictment, Li Jian worked for Sinorail Information Engineering Group (SEIG), d/b/a Sinorail, a wholly owned subsidiary of the Chinese Ministry of Rails (MOR), a member of the State Council of the People's Republic of China (PRC). The company's main office is in Beijing, China. Malinowski was employed by ASF-Keystone for over 15 years and worked at its Camp Hill, Pennsylvania office on Simpson Ferry Road. Amsted Rail is the parent company of ASF - Keystone. Malinowski allegedly was the managing director of international activities for Amsted Rail/ASF-Keystone, traveled frequently to other countries including China, and dealt with Li Jian and Sinorail. Tang Yuhua is a Chinese national, in the United States as a correspondent for a Shanghai newspaper.
According to the Indictment, the grand jury found that Li Jian allegedly arranged with Tang Yuhua to illegally divert to Malinowski almost $100,000 in commission payments made by Amsted Rail to Sinorail by having those funds wire transferred into an account at the Bank of China in New York controlled by Tang Yuhua. Over the course of a year Malinowski allegedly met on several occasions with Tang Yuhua in New York City and was given envelopes of cash from the bank Bank of China account at the direction of Li Jian.
Amsted Rail's corporate ethics policy and code of conduct specifically prohibited its employees from accepting gifts, favors, gratuities, or hospitality from individuals or firms conducting business with the company.
Li Jian was arrested on November 21, 2011 as he was preparing to board a flight in Detroit, Michigan. He is scheduled to appear before U.S. Magistrate Judge Martin C. Carlson in Harrisburg on Tuesday, December 6, 2011 at 9:00 am. Yuhua Tang was arrested the same day at his residence in New York City. He was ordered held without bail until he appears in federal court in Harrisburg. Malinowski is currently residing in Poland.
Each defendant faces a total maximum term of imprisonment of up to 50 years if convicted and fines totaling $1 million dollars.
The matter was investigated by the Federal Bureau of Investigation. Prosecution has been assigned to Assistant United States Attorney William A. Behe.
An Indictment or Information is not evidence of guilt but simply a description of the charge made by the Grand Jury and/or United States Attorney against a defendant. A charged Defendant is presumed innocent until a jury returns a unanimous finding that the United States has proven the defendant's guilt beyond a reasonable doubt or until the defendant has pled guilty to the charges.