In April 2013, as Frédéric Pierucci stepped off a plane at New York's JFK airport during a routine business trip, he was seized and handcuffed by uniformed men.
Pierucci was to spend more than five years in the clutches of the American justice system. His story illustrates the risks faced by foreign businessmen who - sometimes unbeknownst to them - are accused of breaching US law.The bribes were in connection with the Tarahan power plant on Sumatra island, which was completed in 2007
The prosecutor offered his quarry a deal: Pierucci could be released if he agreed to act as a secret FBI informant within Alstom. He declined the offer. "At first I was happy that Alstom took charge of my defence - it was only later that I saw it had been a monumental error," Pierucci says. The pressure he was experiencing was far from unique. Thanks to mandatory sentences, US prosecutors wield huge powers. One of Pierucci's fellow detainees, who had been caught with drugs but had no previous convictions, hanged himself in his cell after being offered 15 years as an opening bid.In July 2013, hoping for release within months, Pierucci bowed to the inevitable and pleaded guilty. The plea deal, however, brought little relief.
Meanwhile Pierucci's detention showed no sign of ending. October came and went. Six months turned into a year, without any news on sentencing. In a book on the case, Le Piège américain , he compares his ordeal to being stuck in"an endless tunnel with slippery walls - nothing to hold on to." The first is the fight between the US justice department and Alstom, which resulted in total surrender by the French company.
The business saga and the legal cases unfolded in lockstep. Alstom boss Patrick Kron announced plans to sell the power business - 75% of the company - in mid-2014, when it was clear that the company was in the justice department's crosshairs.
The USA do reserve the right to prosecute - mainly foreign nationals - for crimes committed anywhere in the world. On the other hand they do not respect ICC - even take action against its employees - and try to make sure no americans are being prosecuted for their crimes.
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