Of law and ethics: the case of Teodoro Obiang Mangue

As an anti-corruption activist (1980-2011) a story reproduced by Global Financial Integrity, http://www.gfip.org/  , December 8, 2011, caught my attention. It is authored by Christopher Matthews and was originally published in the Anti-Corruption blog of the Wall Street Journal (http://blogs.wsj.com/corruption-currents/2011/12/07/who-do-you-turn-to-when-doj-goes-after-your-jet/  ) It reads, in part:

“it should come as no surprise that Teodoro Nguema Obiang Mangue, son of Equatorial Guinea President Teodoro Obiang Nguema Mbasogo has retained Cleary’s Juan P. Morillo to represent him in the U.S. government’s civil forfeiture claim against his $38 million jet…The Justice Department moved to seize Mangue’s jet, Malibu mansion, flashy cars and Michael Jackson memorabilia in October as part of an effort to claw back the ill-gotten gains of allegedly corrupt foreign officials. The so-called Kleptocracy Asset Recovery Initiative relies on civil asset forfeiture to seize the U.S.-based assets of foreign officials beyond the reach of U.S. criminal law…. In complaints filed in federal court in Washington, D.C. and Los Angeles, the Justice Department accused Mangue of plundering billions of dollars of his country’s resource wealth to buy the cars, racing boats, jet and $30 million Malibu mansion…..Mangue’s father came to power in the Middle African country of about 668,000 in a 1979 coup. The economic windfall from oil production — about 322,700 barrels per day — has hoisted Equatorial Guinea’s per capita income to about $36,600, one of the highest in the world, but more than 70% of the population falls below the poverty line, and maternal and infant mortality rates remain high…..The Justice Department says the ruling family and associates pulled freely from a government account set up for oil-company payments, grossly inflated government contracts for companies they owned or controlled, and extorted companies seeking to lease land… Mangue, who is Equatorial Guinea’s agriculture minister, asserted his ownership rights to the assets last week, enlisting Morillo to guide his legal battle to keep them. He also retained R. Kevin Fisher, of Fisher & Krekorian, to represent him in Los Angeles”.

The report adds: "Mr. Morillo, who works in Cleary’s Washington office, focuses his practice on criminal defense and civil litigation for major financial institutions. He also works on Foreign Corrupt Practices Act cases. Morillo didn’t respond to a request for comment”.

I looked into Mr. Morillo’s credentials, as given in the site of Clearly Glotlieb, and this is what I found: http://www.cgsh.com/jmorillo/  .

In particular, it reads:
“In the criminal context, Mr. Morillo represents clients in federal, state and congressional investigations involving accounting, financial, securities and tax fraud; bribery; antitrust, environmental, immigration, OFAC and FCA violations; and health care fraud and abuse. He frequently advises clients in connection with extradition matters. In addition, he advises clients in internal investigations and audits involving alleged bribery, fraud and other corporate misconduct; and he advises some of the largest public companies and financial services firms on the development, implementation and testing of their FCPA compliance programs. In the civil context, Mr. Morillo represents clients in class actions and other civil litigation involving RICO, the FCPA, the FCA, fraud, tort, breach of contract and other civil claims”.

I guess I am getting too old. But I understood these strong points and specialties of Mr. Morillo to mean that he is an expert representing people who have serious problems with the law. If I am wrong in asuming this, I apologize to Mr. Morillo.

The story arrived at the same conclussion when it said: “it should come as no surprise that Teodoro Nguema Obiang Mangue, son of Equatorial Guinea President Teodoro Obiang Nguema Mbasogo, has retained Cleary’s Juan P. Morillo to represent him in the U.S. government’s civil forfeiture claim against his $38 million jet…”.

I also entered the attorney’s firm site and I read the following:
“Cleary Gottlieb Steen & Hamilton LLP was founded by prominent lawyers committed to excellence in the practice of law, while maintaining the highest ethical standards and diversity and individuality in its lawyers….. …..It is a core conviction of the firm that the practice of law is a privilege, one that carries with it the responsibility to apply our talents for the benefit of less privileged individuals and communities. As such, the firm dedicates a substantial amount of time and resources to pro bono legal work and other community activities".

There is nothing I could object to this declaration. But I would ask Cleary Gotlieb if Mr. Obiang qualifies as a “less privileged individual”. I also would ask if they see no collision in representing this client and the maintenance of “the highest ethical standards”.

I am confused and probably too naive. Towards the end of my life I want to know, before it’s too late, if what I was told at home and primary school was, after all, a lot of bullshit.

 I know that everybody has a right to receive legal assistance. My worry is about the moral dilemma involved in some of these representations. Where can these issues be seriously discussed?


gustavocoronelg@hotmail.com