"Smartmatic, the voting technology company suing Fox News and former President Donald Trump’s top allies over their false claims that its machines rigged the 2020 election, was implicated in an alleged bribery scheme involving the former top election official in the Philippines, according to court filings obtained by CNN.
The court documents indicate that the Justice Department has filed money laundering charges against former Filipino election administrator Andres Bautista – and that four executives from Smartmatic subsidiaries are implicated as uncharged co-conspirators.
The bribery claims are sure to reverberate in Smartmatic’s ongoing defamation cases."
The court documents indicate that the Justice Department has filed money laundering charges against former Filipino election administrator Andres Bautista – and that four executives from Smartmatic subsidiaries are implicated as uncharged co-conspirators.
The bribery claims are sure to reverberate in Smartmatic’s ongoing defamation cases."
https://twitter.com/PatrickByrne/status/1705814725919920528
This appears to be the (still sealed) criminal complaint against Juan Andres "Andy'' Donato Bautista, a former Filipino election administrator, for his role in a bribery and money laundering scheme that also implicates four executives from Smartmatic subsidiaries as, at this time, uncharged co-conspirators.
Bribery Scheme Flow Chart
This investigation is coming out of DHS's HSI division
Psst psst, hey @patriot_karma ice.gov/about-ice/home…
Psst psst, hey @patriot_karma ice.gov/about-ice/home…
Summary of relevant statutes
"bribery of a public official"
"domestic concerns"
"influencing" and/or "inducing"
"influencing" and/or "inducing"
COMELEC = The Commission on Elections (Philippines)
BAUTISTA was the Chairman of COMELEC from April 28, 2015 thru October 2017
BAUTISTA was the Chairman of COMELEC from April 28, 2015 thru October 2017
UK, US, and Philippines
Company 1 = HQ in the UK, holding company funding subsidiaries including Company 2 and Company 3
Company 2 = election voting machine and service provider company privately held under Company 1 corporate structure.
At least one employee of Company 2 worked and resided in Southern Florida
Company 3 = a subsidiary of Company 2 and 3, HQ'd in Southern Florida, a "domestic concern"
Company 4 = joint venture and subsidiary of Company 1 and 2, formed in the Philippines in 2015, for bid for contracts re: 2016 elections in the Philippines
Company 1 = HQ in the UK, holding company funding subsidiaries including Company 2 and Company 3
Company 2 = election voting machine and service provider company privately held under Company 1 corporate structure.
At least one employee of Company 2 worked and resided in Southern Florida
Company 3 = a subsidiary of Company 2 and 3, HQ'd in Southern Florida, a "domestic concern"
Company 4 = joint venture and subsidiary of Company 1 and 2, formed in the Philippines in 2015, for bid for contracts re: 2016 elections in the Philippines
"In or around the later part of 2015 and into 2016, Company 4 won bids for three contracts worth a total approximate value of one hundred nine-nine million dollars ($199,000,000) to supply COMELEC with voting machines and related services for the May2016 elections for President, Vice-president, and other official positions."
Co-Conspirator 1 = co-founder and President of Company 2, served on BoD for Company 1 and 2, was a "domestic concern"
Co-Conspirator 2 = Executive Vice-President for Companies 2 and 3, paid by Company, managed hardware development ad manufacturing for Company 2, and was a "domestic concern"
Co-Conspirator 3 = exec at Company 2, involved in Company 4's contracts with COMELEC, project manager for Company 4, signed and implemented the 2016 election contracts.
Co-Conspirator 4 = lived in Panama, had a business relationship with Company 4 and its subsidiaries.
Vendor A = a company based in Taiwan, manufactures hardware for Companies 2, 3 and 4. Vendor A partnered with Company 2 to form Company 4 which bid on and was awarded contracts for 2016 election.
Vendor A-President = President and Owner of Vendor A
Vendor A-Employee = director/officer and shareholder of Vendor 4, and is a close relative of Vendor A-President.
Vendor A-President = President and Owner of Vendor A
Vendor A-Employee = director/officer and shareholder of Vendor 4, and is a close relative of Vendor A-President.
Baumann Enterprises Limited = foreign shell company, inc'd in the Britich Virgin Islands, Bautista + two close relatives owned and/or were beneficial owners of Baumann.
Shell Company X = shell company inc'd in Anguilla, owned and controlled by Vendor A-President
Shell Company Y = shell company inc'd in Brunei, owned and controlled by Vendor A-President, Vendor A-Employee was director and primary user for bank acct in Hong Kong
Other entities are a Philippine Metals Company and a Philippine MSB Company.
Shell Company X = shell company inc'd in Anguilla, owned and controlled by Vendor A-President
Shell Company Y = shell company inc'd in Brunei, owned and controlled by Vendor A-President, Vendor A-Employee was director and primary user for bank acct in Hong Kong
Other entities are a Philippine Metals Company and a Philippine MSB Company.
The story and scheme.
Bautista's wife ratted him out!! LOL!
August 2017
Bautista's wife told NBI "that her husband had large amounts of unexplained wealth"
"approximately... $20 million USD in 'ill-gotten wealth'"
Bautista's wife found documents for "foreign bank account information for Baumann, Shell company X and Shell company Y"... "stacks of case... approximately thirty-five 'Passbooks' identifying multiple case deposits at bank accounts in the Philippines held in Bautista's and family members' names..."
Purpose of the bribes = to influence Bautista into granting Companies 2, 3, and 4, "lucrative election voting machine contracts and related services... for the 2016 Philippine elections."
Bautista's wife ratted him out!! LOL!
August 2017
Bautista's wife told NBI "that her husband had large amounts of unexplained wealth"
"approximately... $20 million USD in 'ill-gotten wealth'"
Bautista's wife found documents for "foreign bank account information for Baumann, Shell company X and Shell company Y"... "stacks of case... approximately thirty-five 'Passbooks' identifying multiple case deposits at bank accounts in the Philippines held in Bautista's and family members' names..."
Purpose of the bribes = to influence Bautista into granting Companies 2, 3, and 4, "lucrative election voting machine contracts and related services... for the 2016 Philippine elections."
"BAUTISTA, in his capacity as Chairman of COM ELEC , received and attempted to receive bribes from Co-conspirators 1, 2, 3, 4, and Vendor A, in exchange for using his position as Chairman of COMELEC to assist Company 2, Company 4, and others to obtain and retain business and improper advantages, including payments from COMELEC, in violation of the FCPA and the Philippine laws against the bribery of a public official. Co-conspirators 1, 2, 3, and 4 furthered the criminal scheme using personal email accounts and messaging applications to avoid detection..."
"attempted to launder at least $4,000,000 through foreign and U.S. bank accounts"
"attempted to launder at least $4,000,000 through foreign and U.S. bank accounts"
Looks like HSI and now DOJ have Bautista's, and I'm sure other's, "emails, text messages, contracts, documents, bank records," AND have "witness interviews" 😁
Bautista failed to list his interest in Baumann.
Bautista failed to list his interest in Baumann.
Contract 1 was for leasing, with option to buy, "23,000 election machines and related services for the 2016 elections"
Bautista awarded it to Company 4.
Co-conspirator 3, on behalf of Company 4, signed Contract 1. n
Co-conspirator 3, on behalf of Company 4, signed Contract 1.
Contract 1 = $53,763,481
Bautista awarded it to Company 4.
Co-conspirator 3, on behalf of Company 4, signed Contract 1. n
Co-conspirator 3, on behalf of Company 4, signed Contract 1.
Contract 1 = $53,763,481
Contract 2 was for leasing, with option to buy, "70,977 election machines and related services for the 2016 elections"
Bautista awarded it to Company 4.
Co-conspirator 3, on behalf of Company 4, signed Contract 2.
Contract 2 = $134,670,877
Bautista awarded it to Company 4.
Co-conspirator 3, on behalf of Company 4, signed Contract 2.
Contract 2 = $134,670,877
Contract 3 was for "service related to transmission of results for the 2016 Philippine elections"
Bautista awarded it to Company 4.
Co-conspirator 3, on behalf of Company 4, signed Contract 3.
Contract 3 = $10,642,488
Bautista awarded it to Company 4.
Co-conspirator 3, on behalf of Company 4, signed Contract 3.
Contract 3 = $10,642,488
"Co-Conspirators 1, 2, 3, 4, and others, created "slush funds'' in the Philippines, Hong Kong, and elsewhere."
The First Slush Fund
2014
A subsidiary of Company 2 executed a $2mil contract with Vendor to design election equipment for 2016 Philippine elections.
Company 2 advanced funds to Vendor A as per contract.
A large portion of the money was not used by the company.
Contract was over-invoiced so as to create a slush fund.
Co-Conspirator 2 directed Vendor A to transfer money to Shell Companies X and Y foreign and US banks, and to various Swiss bank accts of shell companies which Co-Conspirator 1 owned.
Co-Conspirator 2 told a fmr pres of Vendor A that his bosses, which included Co-Conspirator 1, were "seriously considering in closing [sic] the company (Worldwide!!!) next year if we cannot apply, compete, and win the Philippines bid!"
2014
A subsidiary of Company 2 executed a $2mil contract with Vendor to design election equipment for 2016 Philippine elections.
Company 2 advanced funds to Vendor A as per contract.
A large portion of the money was not used by the company.
Contract was over-invoiced so as to create a slush fund.
Co-Conspirator 2 directed Vendor A to transfer money to Shell Companies X and Y foreign and US banks, and to various Swiss bank accts of shell companies which Co-Conspirator 1 owned.
Co-Conspirator 2 told a fmr pres of Vendor A that his bosses, which included Co-Conspirator 1, were "seriously considering in closing [sic] the company (Worldwide!!!) next year if we cannot apply, compete, and win the Philippines bid!"
The Second Slush Fund
2015
Co-Conspirator 4 sends email to Co-Conspirator 3.
Attached is a literal spreadsheet of the money laundering scheme!!!!! hahahahahahahahahahahahahahahaha
"Philippines Pot" refers to slush fund
Co-Conspirator 4 received payments totaling $2,340,000 from Company 2.
Looks like Co-Conspirator 4 tried to conceal/launder the money via his personal and business bank accts to several bank accounts Philippine companies, including Philippine MSB Company.
Co-Conspirator 4 was projected to receive #3,657,500 from Company 2.
The Co-Conspirators used the same Philippine MSB Company to funnel payments to BAUTISTA.
2015
Co-Conspirator 4 sends email to Co-Conspirator 3.
Attached is a literal spreadsheet of the money laundering scheme!!!!! hahahahahahahahahahahahahahahaha
"Philippines Pot" refers to slush fund
Co-Conspirator 4 received payments totaling $2,340,000 from Company 2.
Looks like Co-Conspirator 4 tried to conceal/launder the money via his personal and business bank accts to several bank accounts Philippine companies, including Philippine MSB Company.
Co-Conspirator 4 was projected to receive #3,657,500 from Company 2.
The Co-Conspirators used the same Philippine MSB Company to funnel payments to BAUTISTA.
Co-conspirator 4 created fake contracts to obscure the true source of the funds sent to Philippine bank accounts described above and to conceal the recipient's of payments listed in the spreadsheet.
I gotta break for dinner and tonight's episode of Defected.
Will return to this thread late tonight or sometimes tomorrow.
Will return to this thread late tonight or sometimes tomorrow.
The Third Slush Fund
"Co-conspirator 2 created the third slush fund from Company 2's 2015 contract with Vendor A to pay Vendor A approximately $56,117,790 to build 98,447 voting machines for the 2016 Philippine elections."
Used over-invoiced contracts
"1800 Plus" is name of voting machine, $570 each, plus "Extra fees" totaling $4,961,350.
March 2016
"[in a] series of emails, Vendor A-president informed Co-conspirator 2 that approximately $5,900,000 inunused buffer funds from this contract belonging to Company 2 remained in the bank accounts of Shell Company X and Shell Company Y."
"Co-conspirator 2 referred to $4,961,350 of these unused funds as his 'boss's'"
Co-Conspirator 1 is the president of Company 2 and Co-conspirator 2's immediate supervisor.
"Co-conspirator 2 created the third slush fund from Company 2's 2015 contract with Vendor A to pay Vendor A approximately $56,117,790 to build 98,447 voting machines for the 2016 Philippine elections."
Used over-invoiced contracts
"1800 Plus" is name of voting machine, $570 each, plus "Extra fees" totaling $4,961,350.
March 2016
"[in a] series of emails, Vendor A-president informed Co-conspirator 2 that approximately $5,900,000 inunused buffer funds from this contract belonging to Company 2 remained in the bank accounts of Shell Company X and Shell Company Y."
"Co-conspirator 2 referred to $4,961,350 of these unused funds as his 'boss's'"
Co-Conspirator 1 is the president of Company 2 and Co-conspirator 2's immediate supervisor.
"Rue"
$984,470
$984,470
Scheme to create false docs to justify laundering money through a Philippine Metals Company.
First payment was $150k
First payment was $150k
Crimin' in the Southern District of Florida, tisk tisk tisk...
May 2016
Fake contracts for fake purchases of iron ore and copper.
Co-conspirators 1, 2, 3 email exchange of a contract for "four payments from Shell Company X to Philippine Metals Company for a total of $1,350,000"
June-July 2016
$750k had been sent to Philippine Metals Company from Shell Company X. Co-Conspirator 1 put a hold on payments because "they were owed something"
(check's footnote)
They were waiting for payments from COMELEC.
Once that money hit, the laundering of money through the metals company resumed.
This ties the contracts and money transfers with these shell companies and metals company to the COMELEC deal. Boom.
Fake contracts for fake purchases of iron ore and copper.
Co-conspirators 1, 2, 3 email exchange of a contract for "four payments from Shell Company X to Philippine Metals Company for a total of $1,350,000"
June-July 2016
$750k had been sent to Philippine Metals Company from Shell Company X. Co-Conspirator 1 put a hold on payments because "they were owed something"
(check's footnote)
They were waiting for payments from COMELEC.
Once that money hit, the laundering of money through the metals company resumed.
This ties the contracts and money transfers with these shell companies and metals company to the COMELEC deal. Boom.
"Layering"
The "fictious" ore contracts had dates from 2008 and 2009
The Philippine Metals Company never exported the goods to Shell Company X
The Co-Conspirators never used work emails, but used personal emails instead
Bank records show that "almost immediately after the funds were sent from Shell Company X to Philippine Metals Company, wire transfers in the same or similar amounts were sent from Philippine Metals Company to Philippine MSB Company"
The "fictious" ore contracts had dates from 2008 and 2009
The Philippine Metals Company never exported the goods to Shell Company X
The Co-Conspirators never used work emails, but used personal emails instead
Bank records show that "almost immediately after the funds were sent from Shell Company X to Philippine Metals Company, wire transfers in the same or similar amounts were sent from Philippine Metals Company to Philippine MSB Company"
Bribe Payments to BAUTISTA
"Company 2, Company 3, and Company 4 employees- including Co-conspirators1, 2, and 3- directed or caused Vendor A-president to send bribe payments from the third group of slush funds held in Shell Company X and Shell Company Y bank accounts, which Vendor A-president controlled, to BAUTISTA'S bank account in the name of Baumann at a bank in Singapore."
"BAUTISTA was Chairman of COMELEC" at the time that he was receiving "payments totaling $1 milllion"
These payments were "disguised" as "fictitious loans to Baumann"
"Company 2, Company 3, and Company 4 employees- including Co-conspirators1, 2, and 3- directed or caused Vendor A-president to send bribe payments from the third group of slush funds held in Shell Company X and Shell Company Y bank accounts, which Vendor A-president controlled, to BAUTISTA'S bank account in the name of Baumann at a bank in Singapore."
"BAUTISTA was Chairman of COMELEC" at the time that he was receiving "payments totaling $1 milllion"
These payments were "disguised" as "fictitious loans to Baumann"
"...payments from the third slush fund... were disguised as "loans" to pay bribes to BAUTISTA through Baumann, a shell company..."
August 16 2016
Attempted transfer of $500k
"Co-conspirator 2 directed Vendor A-president, via electronic messaging, to transfer $500,000 from Shell Company Y's bank account in Hong Kong to Baumann's bank account in Singapore."
"LOAN AGREEMENT 2016" used to disguise a bribe to BAUTISTA.
"Vendor A President sent the $500,000 wire transfer, and it passed through an intermediary bank in New York... wire transfer never arrived at Baumann's bank account due to an issue at the originating bank."
August 29 2016
Co-conspirators re-sent this $500k to Bauman
Attempted transfer of $500k
"Co-conspirator 2 directed Vendor A-president, via electronic messaging, to transfer $500,000 from Shell Company Y's bank account in Hong Kong to Baumann's bank account in Singapore."
"LOAN AGREEMENT 2016" used to disguise a bribe to BAUTISTA.
"Vendor A President sent the $500,000 wire transfer, and it passed through an intermediary bank in New York... wire transfer never arrived at Baumann's bank account due to an issue at the originating bank."
August 29 2016
Co-conspirators re-sent this $500k to Bauman
August 10 2016
"Co-Conspirator l texted Co-conspirator 2, while Co-conspirator 2 was in the Southern District of Florida, indicating that he (Co-conspirator 1) drafted the loan contract because there was a lot of pressure to make the payment- which, based on the context of the conversation as well as my training, experience and involvement in the case, I believe to refer to pressure from BAUTISTA- and that they had to execute the purported loan contract to effectuate the payment."
August 31 2016
"BAUTISTA and a close relative purchased a residence in San Francisco, California"
"Co-Conspirator l texted Co-conspirator 2, while Co-conspirator 2 was in the Southern District of Florida, indicating that he (Co-conspirator 1) drafted the loan contract because there was a lot of pressure to make the payment- which, based on the context of the conversation as well as my training, experience and involvement in the case, I believe to refer to pressure from BAUTISTA- and that they had to execute the purported loan contract to effectuate the payment."
August 31 2016
"BAUTISTA and a close relative purchased a residence in San Francisco, California"
August 15 2016
Co-Conspirator 1 tells Co-Conspirator 2 "to send the wires urgently as the pressure to send the payment was "horrible""
Co-Conspirator 1 tells Co-Conspirator 2 "to send the wires urgently as the pressure to send the payment was "horrible""
August 16-17 2016
"north" = United States
"salsa" = money
"Co-conspirator 2 explained that the wire transactions had to be separated so that they fell in different weeks and explained this was because it was a lot of "salsa'' to send to the "north.''" 😂
"In an email exchange from on or about August16, 2016, to on or about August 17, 2016, between Co-conspirators 1, 2, and 3, Co-conspirator 2 informed Co-conspirators 1 and 3 that "in order to minimize the risk for the Lenders, the loans will come from 2 different companies for 500,000 US$ each.''"
"north" = United States
"salsa" = money
"Co-conspirator 2 explained that the wire transactions had to be separated so that they fell in different weeks and explained this was because it was a lot of "salsa'' to send to the "north.''" 😂
"In an email exchange from on or about August16, 2016, to on or about August 17, 2016, between Co-conspirators 1, 2, and 3, Co-conspirator 2 informed Co-conspirators 1 and 3 that "in order to minimize the risk for the Lenders, the loans will come from 2 different companies for 500,000 US$ each.''"
August 22 2016
Attempted Transfer of $500,000 for the Benefit of BAUTISTA
"BUSINESS LOANS"
Attempted Transfer of $500,000 for the Benefit of BAUTISTA
"BUSINESS LOANS"
August 29 2016
Transfer of $499,975 for the benefit of BAUTISTA
"D.L."
"BUSINESS LOANS"
They had problems moving this money because of safe guards in the American banking system, I would guess.
Transfer of $499,975 for the benefit of BAUTISTA
"D.L."
"BUSINESS LOANS"
They had problems moving this money because of safe guards in the American banking system, I would guess.
August 31 2016
Transfer of $500k for the benefit of BAUTISTA
"D.L."
"LOAN AGREEMENT 2016"
Transfer of $500k for the benefit of BAUTISTA
"D.L."
"LOAN AGREEMENT 2016"
Bribe Payments Redirected to BAUTISTA by Phillppine Companies
"BAUTISTA'S bank account held in the name of Baumann ultimately received approximately $1,000,000... from Co-conspirators 1, 2, 3, and Vendor President-A through Shell Companies X and Y."
"compliance officials at BAUTISTA'S bank requested supporting documentation" BUSTED! 😆
BAUTISTA provided docs, but the officials did not buy it.
So... "Co-conspirators resent the funds using Philippine companies to BAUTISTA."
"BAUTISTA'S bank account held in the name of Baumann ultimately received approximately $1,000,000... from Co-conspirators 1, 2, 3, and Vendor President-A through Shell Companies X and Y."
"compliance officials at BAUTISTA'S bank requested supporting documentation" BUSTED! 😆
BAUTISTA provided docs, but the officials did not buy it.
So... "Co-conspirators resent the funds using Philippine companies to BAUTISTA."
October 2016-February 2017
"to mask the origin and destination of the funds...
"Co-conspirators redirected [the] funds, including approximately $900,000, through Philippine Metals Company to Philippine MSB Company's bank account."
"to mask the origin and destination of the funds...
"Co-conspirators redirected [the] funds, including approximately $900,000, through Philippine Metals Company to Philippine MSB Company's bank account."
Schedule of wire transfers
"do the first ASAP in order to calm down the recipient people...'
"the entire contract between Shell Company X and Philippine Metals Company- to include the modifications- was not a real contract."
Yet again, they put a portion of their scheme to launder millions of dollars and bribe election officials into an EXCEL spreadsheet and then sent it via email! LOL!!
"HSI also located a second Excel spreadsheet in Vendor-Employee's email from December2016"
"the entire contract between Shell Company X and Philippine Metals Company- to include the modifications- was not a real contract."
Yet again, they put a portion of their scheme to launder millions of dollars and bribe election officials into an EXCEL spreadsheet and then sent it via email! LOL!!
"HSI also located a second Excel spreadsheet in Vendor-Employee's email from December2016"
🤣🤣🤣
They have co-conspirator 2's laptop
August 23 2016
$960,000 wired from Baumann acct to a BAUTISTA family member's acct. (Family Member 1)
a "Gift"
August 29 2016
Same amount is wired to escrow acct as payment for a residence in San Francisco California
August 31 2016
Family Member 1 buys the residence
$960,000 wired from Baumann acct to a BAUTISTA family member's acct. (Family Member 1)
a "Gift"
August 29 2016
Same amount is wired to escrow acct as payment for a residence in San Francisco California
August 31 2016
Family Member 1 buys the residence
"Family Member 1 thanked BAUTISTA for the "most generous gift you've given me this year for my birthday-the opportunity to partner with you on this very large investment.''
"the $960,000 wire transfer for the residence was not a gift, but a joint real estate investment between BAUTISTA and Family Member 1."
"the $960,000 wire transfer for the residence was not a gift, but a joint real estate investment between BAUTISTA and Family Member 1."
CONCLUSION
SUMMARY OF BRIBERY SCHEME FLOW CHART
BAUTISTA
COMELEC
FAMILY MEMBER 1
CO-CONSPIRATORS 1, 2, 3, 4
VENDOR A
BAUMANN
SHELL COMPANY X
SHELL COMPANY Y
PHILIPPINE METALS COMPANY
PHILIPPINE MSB COMPANY
BAUTISTA
COMELEC
FAMILY MEMBER 1
CO-CONSPIRATORS 1, 2, 3, 4
VENDOR A
BAUMANN
SHELL COMPANY X
SHELL COMPANY Y
PHILIPPINE METALS COMPANY
PHILIPPINE MSB COMPANY
So it’s a criminal complaint and affidavit.
Should lead to an indictment and judging by the case number and docket I found it has, but it’s all sealed right now.
The affidavit reveals that investigators at a MINIMUM have bank records, emails, text messages, and a laptop.
My guess would be that Bautista’s wife, maybe some employees/associates and some or all of the co-conspirators are cooperating and/or will be indicted.
Should lead to an indictment and judging by the case number and docket I found it has, but it’s all sealed right now.
The affidavit reveals that investigators at a MINIMUM have bank records, emails, text messages, and a laptop.
My guess would be that Bautista’s wife, maybe some employees/associates and some or all of the co-conspirators are cooperating and/or will be indicted.
I think a plain reading of this is that it’s about bribing a public official in exchange for lucrative govt contracts. That much is clear.
Whether there is more to it than that is not apparent in the affidavit/complaint.
Maybe there is, maybe there isn’t.
Whether there is more to it than that is not apparent in the affidavit/complaint.
Maybe there is, maybe there isn’t.
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