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Is Giuliani in Violation of the Foreign Agents Registration Act of 1938?
Alter Kaker | 15 March 2007 | Alter Kaker

Posted on 03/15/2007 8:06:18 AM PDT by Alter Kaker

Given the recent news that Rudolph Giuliani's law firm / lobbying shop, Bracewell-Giuliani works for the Hugo Chavez-owned CITGO oil company, I'm curious as to whether Bracewell may have violated the Foreign Agents Registration Act of 1938.

The Act makes it a felony for an American citizen to do any of the following on behalf of a foreign government, without registering with the criminal division of the Justice Department:

  1. Engage in political activities
  2. Act in a public relations capacity for a foreign principal
  3. Solicit or dispense any thing of value within the United States for a foreign principal
  4. Represent the interests of a foreign principal before any agency or official of the U.S. government.
Since those activities are essentially the definition of lobbying, it seems unlikely that Bracewell could have avoided violating the act. Moreover, it is clear that CITGO is indistinguishable from the Venezuelan government, which owns 100% of its shares, and which has placed cronies of Mr. Chavez at all levels of its operations.

For more information on FARA, go the applicable DoJ website here. Bracewell's lobbying does not appear to be exempted by the Lobbying Disclosure Act of 1995. Has Giuliani/Bracewell committed a crime? Thoughts?


TOPICS: Chit/Chat; Government; Politics
KEYWORDS: chavez; citgo; fara; giuliani; hugochavez; rudy; rudy2008; rudygiuliani
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1 posted on 03/15/2007 8:06:24 AM PDT by Alter Kaker
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To: Liz; windchime; cgk; Ultra Sonic 007; Coleus

Interesting.


2 posted on 03/15/2007 8:17:11 AM PDT by Calpernia (Breederville.com)
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To: Calpernia
Note that FARA requires the officers of lobbying shops to ensure registration under FARA. Since Giuliani is a name partner at Bracewell-Giuliani, that means that he's criminally liable for making sure that the firm's lobbyists register, even if he hasn't done any lobbying himself.

§ 617. Each officer, or person performing the functions of an officer, and each director, or person performing the functions of a director, of an agent of a foreign principal which is not an individual shall be under obligation to cause such agent to execute and file a registration statement and supplements thereto as and when such filing is required under subsections (a) and (b) of section 612 of this title and shall also be under obligation to cause such agent to comply with all the requirements of sections 614(a) and (b) and 615 of this title and all other requirements of this subchapter. Dissolution of any organization acting as an agent of a foreign principal shall not relieve any officer, or person performing the functions of an officer, or any director, or person performing the functions of a director, from complying with the provisions of this section. In case of failure of any such agent of a foreign principal to comply with any of the requirements of this subchapter, each of its officers, or persons performing the functions of officers, and each of its directors, or persons performing the functions of directors, shall be subject to prosecution therefor.

3 posted on 03/15/2007 8:21:08 AM PDT by Alter Kaker (Gravitation is a theory, not a fact. It should be approached with an open mind...)
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To: Alter Kaker

yeah, the argument from the Giuliani people is that "Rudy hasn't been personally involved with Citgo!"

He doesn't have to. He is a Senior Partner.


4 posted on 03/15/2007 8:24:09 AM PDT by TommyDale (What will Rudy do in the War on Terror? Implement gun control on insurgents and Al Qaeda?)
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To: TommyDale

Well, this is a separate issue from earlier threads, which concerned the ethical question of working for Chavez. By my reading of the law (and I'm admittedly not an expert on this) it would seem that Giuliani may have committed a pretty serious felony. I wonder if there's anybody on FR who knows more about this.


5 posted on 03/15/2007 8:27:30 AM PDT by Alter Kaker (Gravitation is a theory, not a fact. It should be approached with an open mind...)
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To: Alter Kaker

Ask the Justice Department. They have plenty of time on their hands right now...


6 posted on 03/15/2007 8:29:07 AM PDT by TommyDale (What will Rudy do in the War on Terror? Implement gun control on insurgents and Al Qaeda?)
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To: wagglebee

Over here


7 posted on 03/15/2007 8:29:52 AM PDT by Calpernia (Breederville.com)
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To: Alter Kaker

I was being facetious earlier about asking the Justice Department.

Last night, I noticed that the news agencies who actually reported this story (Fox News specifically) made the point that the Giuliani people said that Bracewell & Giuliani are representing the firm in Houston, Texas -- NOT the Venezuela company or the commie Hugo Chavez. However, an intesting investigation might be to just "follow the money".


8 posted on 03/15/2007 8:33:07 AM PDT by TommyDale (What will Rudy do in the War on Terror? Implement gun control on insurgents and Al Qaeda?)
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To: Calpernia; Alter Kaker

I question whether the Rudyite will even UNDERSTAND any of this, the simple things, LIKE THE FACT THAT RUDY IS A BLEEDING-HEART LIBERAL, seem to fly right over their heads.


9 posted on 03/15/2007 8:33:14 AM PDT by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
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To: TommyDale
the Giuliani people said that Bracewell & Giuliani are representing the firm in Houston, Texas -- NOT the Venezuela company or the commie Hugo Chavez.

That's kind of meaningless, since the director of CITGO's US operations, Félix M. Rodriguez, reports directly to Hugo Chavez.


Here he is in the Bronx, speaking in front of a banner that reads "From the Venezuelan Heart to the U.S. Hearth."

10 posted on 03/15/2007 8:37:04 AM PDT by Alter Kaker (Gravitation is a theory, not a fact. It should be approached with an open mind...)
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To: areafiftyone; FairOpinion; FreeReign; CharlesWayneCT; Sunsong; patriciamary

Ya'll might want to take a look at this.


11 posted on 03/15/2007 8:37:24 AM PDT by Ultra Sonic 007 (Vote for Duncan Hunter in 2008)
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To: wagglebee

It wouldn't just be Rudy either. There are a number of officials that do this (Look at Kissinger).

I am on the DOJ site now looking for a database, and I don't see one.

I did find this:

http://www.usdoj.gov/criminal/press_room/press_releases/2002_3463_DOJ_ANNOUNCES_CONTRACT_AWARD_FOR_MANAGEMENT_STUDY_OF_THE_ORGANIZED_CRIME_DRUG_ENFORCEMENT_TASK_FORCES_PROGRAM.htm
DOJ ANNOUNCES CONTRACT AWARD FOR MANAGEMENT STUDY OF THE ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES PROGRAM

That is a bit disturbing considering there may be a connectin with drugs:

http://www.freerepublic.com/focus/f-news/1792756/posts
BALKAN CONNECTION (Albanian mafia in 80es threatening to Rudi Giuliani)


12 posted on 03/15/2007 8:38:10 AM PDT by Calpernia (Breederville.com)
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To: Alter Kaker

Oh, I fully agree. However, the law may state that since there is a U.S. presence with Citgo in Houston, it may not be considered a "foreign" company or government agency, thus circumventing the limitation. Hey, I hope they nail him, but I think the lawyers would have at least covered their butts on this.


13 posted on 03/15/2007 8:39:15 AM PDT by TommyDale (What will Rudy do in the War on Terror? Implement gun control on insurgents and Al Qaeda?)
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To: wagglebee
For better or worse, being a bleeding heart liberal isn't a federal crime leading to a $10,000 fine or 5 years imprisonment or both. I wonder if they'll understand that.
14 posted on 03/15/2007 8:39:38 AM PDT by Alter Kaker (Gravitation is a theory, not a fact. It should be approached with an open mind...)
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To: Alter Kaker

I think the last time I heard of anyone charged with such a violation was Billy Carter, the beer expert brother of Jimmy Carter.


15 posted on 03/15/2007 8:41:48 AM PDT by TommyDale (What will Rudy do in the War on Terror? Implement gun control on insurgents and Al Qaeda?)
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To: Alter Kaker

Liberals NEVER have a problem with a liberal they support committing crimes.


16 posted on 03/15/2007 8:42:10 AM PDT by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
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To: Alter Kaker

Yes, I'm sure the 400 lawyers that work for B&G totally missed this and the Texas Ethics Commission as well...


17 posted on 03/15/2007 8:42:40 AM PDT by jonathanmo (Who Is Bob Stump and why didn't he run for President in 2000 ?)
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To: jonathanmo
Yes, I'm sure the 400 lawyers that work for B&G totally missed this and the Texas Ethics Commission as well...

They didn't because they'd argue that CITGO isn't a foreign principle. They're wrong.

18 posted on 03/15/2007 8:44:49 AM PDT by Alter Kaker (Gravitation is a theory, not a fact. It should be approached with an open mind...)
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To: TommyDale; Calpernia; Alter Kaker; wagglebee
FYI: About Bracewell & Giuliani
Bracewell & Giuliani LLP is among the nation's most prominent law firms. With 400 lawyers in New York, Texas, Washington, D.C., Kazakhstan and London, we are distinctively positioned to serve clients concentrated in the energy and financial services sectors worldwide. In 2005, former New York City mayor Rudolph W. Giuliani joined the firm as a senior partner. His international reputation for leadership and problem solving is a unique asset for our clients, which include Fortune 500 companies, major financial institutions, leading private investment funds, governmental entities and individuals. For more information about Bracewell & Giuliani, visit www.bgllp.com. (Excerpt) Read more at inform.kz ...

Here's another Bracewell and Giuliani deal:
Attorneys Bracewell & Giuliani's January Closings in Kazakhstan Total US $1.625 Billion
lawfuel.com | February 22, 2007

FR Posted on 02/26/2007 by Jim Robinson
http://www.freerepublic.com/focus/f-news/1791780/posts

ALMATY, Kazakhstan-- LAWFUEL - Law News, US Law Firms --Bracewell & Giuliani LLP closed three cases in January for a total of US $1.625 billion, acting as international counsel for the offering of corporate debt and solidifying their place as the premier legal authority on Kazakhstani business affairs in the Caspian region. “We continue to thrive and grow in Kazakhstan, mirroring the country itself,” said Greg Vojack, managing partner for the firm's offices in Kazakhstan. “As Kazakhstan transitions into a prosperous free marketplace after the fall of Soviet Russia, its fine-tuned monetary policies are helping the country’s financial sectors grow faster than New York.” ~snip~

Established in 1994, Bracewell's presence in the Republic of Kazakhstan has helped clients capture significant opportunities in the Caspian Region. The firm's energy and finance attorneys provided groundbreaking guidance to create the legal and financial infrastructure in that emerging nation and today actively advise energy and financial companies in the region and the government of Kazakhstan. ~snip~

MORE BACKGROUND Giuliani firm has Venezuela ties MiamiHerald.com | Thu, Mar. 15, 2007 | BETH REINHARD Posted on 03/15/2007 3:26:41 AM PDT by Condor 63
The law firm headlined by presidential candidate Rudy Giuliani does business with a company tied to Venezuelan leader Hugo Chávez, who has called President Bush ``the devil.'' Bracewell & Giuliani lobbies on behalf of Texas-based Citgo Petroleum, a wholly owned subsidiary of the Venezuelan oil company controlled by Chávez. The Bush administration said last year that Venezuela was ''not cooperating fully'' with antiterrorism efforts, stopping one step short of grouping the country with state sponsors of terrorism like Iran, Syria and Cuba. Giuliani, the former New York City mayor best known for his leadership after the Sept. 11 terrorism attacks, does not personally lobby for Citgo, though he is a senior partner at the firm and shares in its profits. (Excerpt) Read more at miamiherald.com ...

19 posted on 03/15/2007 8:45:18 AM PDT by Liz (Hunter: For some candidates, a conservative constituency is an inconvenience. For me, it is my hope.)
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To: Liz; Calpernia; Alter Kaker; wagglebee

The argument that "Rudy doesn't have anything to do with Citgo" in order to shield him is quite reminiscent of the Nazi Germans' common excuse "I was only following orders".


20 posted on 03/15/2007 8:48:43 AM PDT by TommyDale (What will Rudy do in the War on Terror? Implement gun control on insurgents and Al Qaeda?)
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