Former President and First Lady Receive Life Sentences for Corruption
the editors / tr. by William Mindler
October 2009
On September 11, former Presi-dent Chen Shui-bian was convicted in the first instance after a corruption trial lasting 1,001 days. Chen and his wife, Wu Shu-chen, were both sentenced to life in prison and stripped of their rights to vote and to hold public office. The Chen family was also collectively fined NT$850 million and required to turn over all monies acquired through illegal activities.
The public response to the heavy sentence has been mild across the board. The contrast with the earlier heated reactions has been marked, and suggests that the public has already begun to let go of the pain and disputes to which the case had given rise.
After losing his bid for reelection as Taipei's mayor in 1998, Chen said, "Lack of sympathy to progressive groups is one of the hallmarks of a major city." Taiwan's citizens have now doubtless come to the rational conclusion that casting aside Chen Shui-bian, after his corruption and influence peddling disappointed the great hope they had placed in him, also represents a kind of progress.
This conviction of first instance involves the first five major cases against the Chen family-the state funds misuse case, the Longtan land acquisition case, the Nangang exhibition center case, the money laundering case, and the case centered on the bribes from former Taipei Financial Center chairwoman Diana Chen. Prosecutors charged a total of 14 people in these cases. In addition to members of Chen's family, these included former deputy secretary-general of the Office of the President Ma Yung-cheng (sentenced to 20 years in prison), former director of administration at the Office of the President Lin Te-hsun (16 years), and former Hsinchu Science Park director James Lee (six years).
Chen himself was found not guilty in the Nangang case, but received heavy sentences in all the others. In the state funds case alone, the judge handed down sentences of life, 20 years, 10 years, and 14 years in prison for the fraud and embezzlement charges. He also sentenced Chen to 20 years for his involvement in the Longtan case, and eight years for his role in the Diana Chen bribery case. In his verdict, the judge also blamed the former president for "conniving with family members and close confidants to use their power for personal gain," "raising the banner of reform in public while acting corruptly and abusing the power of the office of the president in private," and "[because] aids and officials follow the example of their superiors, [causing] increasing corruption among government officials...."
Perhaps anticipating that his sentence would be heavy, the former president reacted calmly to the news. Prior to the announcement of the verdict, Chen's defense team released an "extra-judicial reply" to the charges, stating that though Chen was guilty of social and cultural crimes, he was not guilty of bribery or embezzlement of public property as defined in the Civil Code. The document stated the expenditures on state affairs were similar to the discretionary expenses of the head of state, which exist precisely to supplement head-of-state allowances. The document further stated that there had never been any evidence establishing Chen's direct involvement in the case and that the NT$400 million in question was a political contribution, not a bribe.
Faced with the facts about his money laundering, the huge amounts of cash flowing into and out of the official residence, and the barrage of accusations about solicitation of bribes, the public will find it difficult to accept Chen's vigorous defense. Former vice president Annette Lu recently called a press conference at which she expressed hurt and anger and urged the former president and his family to offer another sincere and heartfelt apology to everyone. Former premier Su Tseng-chang posted a statement on Plurk in which he remarked that individuals and political parties must face the music when they make mistakes or fail to meet people's expectations.
On the other hand, the term "social and cultural crimes" reveals the difficult nature of the case. Opinion makers have observed that one of the most challenging aspects of a corruption case is distinguishing between political contributions and bribes. Bribes can be delivered in a variety of ways and the quid pro quo can be extremely difficult to establish.
With the case now in the hands of the Taiwan High Court, Chen will have to spend another three months under lock and key. The former president has already been incarcerated for more than 200 days while his case has been investigated and tried, and his post-conviction petition for release has been denied. While this denial may be questionable in terms of Chen's civil rights, as the media have rightly pointed out, Chen has not expressed remorse, has resisted the courts at every step, has published two books since his incarceration (Taiwan's Cross and Voices That Cannot Be Imprisoned), has attempted to portray himself as a political victim and has encouraged public protests. To prevent Chen from riling public sentiment and interfering with further investigations, his continued incarceration is a necessary evil.
The Chen family corruption drama isn't over yet. There are two more major cases currently under investigation that involve embezzlement of confidential foreign affairs funds, illegalities in Chinatrust's takeover of Mega Holdings, bribes from financial holding companies related to the second round of financial reforms, and even larger-scale money laundering. The mountains of evidence against Chen and his wife make it very unlikely that they will avoid further legal sanctions. We can only hope that the stern example made of the pair will enhance the public's trust in the law and wash away the taint of corruption. Though the public has lost a "son of Taiwan," it has gained genuine newfound hope.
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