August 11, 10

NEWS / Former Sales Executive Charged with Destruction of Records, Obstruction of Justice

Destroyed Computer Files in Response to SEC Request for Documents

SAN FRANCISCO—The United States District Court today unsealed a federal grand jury indictment charging Alvin K. Ono, of Singapore, with destruction of records and obstruction of justice, between April and May 2008, United States Attorney Joseph P. Russoniello announced.

According to the indictment, Ono, 49, is alleged to have intentionally destroyed files and data stored on the hard drive of his computer in response to a request for documents served on his company by the Securities and Exchange Commission on April 3, 2008. At the time, the SEC was investigating alleged violations of the Foreign Corrupt Practices Act by Ono, his company, and others.

Ono was arrested at San Francisco International Airport this morning and made his initial appearance in federal court in San Francisco this afternoon. Ono was released on a $250,000 bond, ordered to relinquish his passport and not apply for any new travel documents, and remain on a curfew until further notice by the Court. The defendant’s next appearance is set for Aug. 13, 2010, at 9:30 a.m. before the U.S. District Court Judge Elizabeth D. Laporte, for further setting of terms of Ono’s bond.

The maximum statutory penalty for each count of destruction of records in violation of 18 U.S.C. § 1519 is twenty years of imprisonment, a fine of $1,000,000, plus restitution if appropriate. The maximum statutory penalty for each count of obstruction of justice in violation of 18 U.S.C. § 1505 is five years’ imprisonment, a fine of $250,000, plus restitution if appropriate. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Timothy J. Lucey is the Assistant U.S. Attorney who is prosecuting the case with the assistance of legal tech Ponly Tu. The prosecution is the result of a twelve month investigation by the Federal Bureau of Investigation, with the assistance of the Securities and Exchange Commission.

Please note, an indictment contains only allegations against an individual and, as with all defendants, Mr. Ono must be presumed innocent unless and until proven guilty.

http://sanfrancisco.fbi.gov/dojpressrel/pressrel10/sf080910.htm

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