Subject: RE: Romania
From: "Gitenstein, Mark H." <[email-masked]>
To: "Gitenstein, Mark H." <[email-masked]>, "Eric Schwerin" <[email-masked]>, <[email-masked]>
Date: Thu, 16 Jun 2016 17:54:28 +0000

Please don't forward.

Mark Gitenstein
Mayer Brown LLP
1999 K st NW
Washington, DC 20006-1101
+1202-263-3371

From: Gitenstein, Mark H.
Sent: Thursday, June 16, 2016 1:30 PM
To: 'Eric Schwerin'; [email-masked]
Subject: FW: Romania

Looks like this will not help your client because it is not retroactive.

Mark Gitenstein
Mayer Brown LLP
1999 K st NW
Washington, DC 20006-1101
+1202-263-3371

From: Thompson, Dean R [mailto:[email-masked]]
Sent: Thursday, June 16, 2016 12:41 AM
To: Gitenstein, Mark H.; Hevia, Debra L; Klemm, Hans G
Subject: RE: Romania

Mark: pasting a reuters piece below.  Court has not yet issued a motivation, so we don't have full analysis yet.  Laura Stefan is quoted as saying it shouldn't undermine any DNA cases.  We'll be peeling back the onion over the coming days.

Romania top court keeps abuse of power as criminal offence (Reuters)

BUCHAREST (Reuters) - Romania's Constitutional Court ruled on Wednesday that abuse of public office should remain a criminal offence, rejecting a challenge by several indicted officials and easing concerns over the fate of a crackdown on high-level graft.
However it also narrowed the definition of such offences, saying they should apply to cases where public servants actually broke the law rather than where they caused harm by not doing their jobs properly.
Transparency International ranks Romania as one of the European Union's most corrupt states, and the European Commission keeps its justice system under special monitoring.
But the country's anti-corruption prosecuting unit DNA has won praise from Brussels for its efforts to curb graft, as it has investigated lawmakers, ministers, mayors, magistrates and businessmen in recent years.
All nine constitutional court judges endorsed Wednesday's ruling, which came in response to a case launched by several indicted officials who wanted abuse of power to be decriminalised.
At risk were a third of the cases sent to trial by DNA in 2015, as well as the 860 cases of public procurement fraud - generally committed through abuse of office - DNA has investigated so far this year.
A decision to decriminalise the offence would have led to automatic aquittals, as well as making it impossible for authorities to recover hundreds of millions of euros of damages.
Romania's criminal code defined abuse of power as public servants not doing their job or doing it inappropriately so as to cause damage. On Wednesday, the court decided to replace the phrase "doing their job inappropriately" with "by breaking the law".
It is expected to publish a detailed explanation of its ruling in coming days. It was unclear exactly how high-level graft cases would be affected by the ruling, but one expert said the new definition was not likely to hamper DNA operations.
"I do not think DNA cases refer to minor rule infringements," anti-corruption campaigner Laura Stefan told local television station Digi 24.
"I believe its cases refer to serious law breaking and ... if I am correct, DNA cases will not be affected by this ruling."
DNA investigations have revealed conflict of interest, abuse of power, fraud and the award of state contracts in exchange for bribes. The agency sent 1,250 people to trial on graft charges last year, its highest number yet. It has a 92 percent conviction rate.

This email is UNCLASSIFIED.

From: Gitenstein, Mark H. [mailto:[email-masked]]
Sent: Wednesday, June 15, 2016 11:01 PM
To: Hevia, Debra L; Klemm, Hans G
Cc: Thompson, Dean R
Subject: RE: Romania

Sounds like its not quite as bad as feared? http://redirect.state.sbu/?url=http://www.hotnews.ro/stiri-esential-21081781-ultima-ora-curtea-constitutionala-abuzul-serviciu-partial-neconstitutional-trebuie-redefinit.htm

Did embassy do an analysis it can share with me?

Mark Gitenstein
Mayer Brown LLP
1999 K st NW
Washington, DC 20006-1101
+1202-263-3371

From: Hevia, Debra L [http://redirect.state.sbu/?url=mailto:[email-masked]]
Sent: Friday, June 10, 2016 2:38 AM
To: Gitenstein, Mark H.; Klemm, Hans G
Cc: Thompson, Dean R
Subject: RE: Romania

According to DNA, it will affect virtually all of their current cases against public officials, and if overturned completely, would release from jail all convicted officials.

This email is UNCLASSIFIED.

From: Gitenstein, Mark H. [http://redirect.state.sbu/?url=mailto:[email-masked]]
Sent: Thursday, June 09, 2016 6:10 PM
To: Klemm, Hans G
Cc: Hevia, Debra L; Thompson, Dean R
Subject: RE: Romania

Udrea?? Chilliman? Oprescu?

Mark Gitenstein
Mayer Brown LLP
1999 K st NW
Washington, DC 20006-1101
+1202-263-3371

From: Gitenstein, Mark H.
Sent: Thursday, June 09, 2016 11:09 AM
To: 'Klemm, Hans G'
Cc: Hevia, Debra L; Thompson, Dean R
Subject: RE: Romania

Debra one thing to focus on is whether the decision is retroactive and equally important does it require legislation to fix.  Wouldn't trust this parliament?  Could be this will be part of a "deal" with Zgonea to allow something thru.  We already know where Tariceanu will be on this.  Statute is broad but fixing it could be a real opportunity for mischief.  Also important to figure out exactly whose prosecutions it will affect.  Ponta??

Mark Gitenstein
Mayer Brown LLP
1999 K st NW
Washington, DC 20006-1101
+1202-263-3371

From: Klemm, Hans G [http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=mailto:[email-masked]]
Sent: Thursday, June 09, 2016 10:39 AM
To: Gitenstein, Mark H.
Cc: Hevia, Debra L; Thompson, Dean R
Subject: RE: Romania

Mark:

It is not legislation, it is a challenge before the constitutional court on the use of abuse of power statues in some (actually many) corruption cases.  The ruling is expected June 16, I believe.  It's guess work on which way the court is leaning, but apparently it is a close run thing.

I'll ask Debra to supplement.

Hans

This email is UNCLASSIFIED.

From: Gitenstein, Mark H. [http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=mailto:[email-masked]]
Sent: Thursday, June 09, 2016 4:26 PM
To: Klemm, Hans G
Subject: Fwd: Romania

What is likelihood that this passes?

Sent from my iPhone

Begin forwarded message:
From: "Kramer, Kelly" <[email-masked]<http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=mailto:[email-masked]>>
Date: June 9, 2016 at 9:18:00 AM EDT
To: "Gitenstein, Mark H." <[email-masked]<http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=mailto:[email-masked]>>
Subject: Romania
Mark:

Also, if you haven't seen it already, the AP ran a story about a potential change in Romania's corruption laws the other day.  Here's the link: http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://bigstory.ap.org/article/9027654efe884acba0c2b57c54cf00c2/romania-anti-graft-chief-says-corruption-fight-threatened.

Kelly B. Kramer
Mayer Brown LLP
T. +1 202 263 3007
[email-masked]<http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=mailto:[email-masked]>
F. +1 202 263 5207
1999 K Street NW
Washington, DC 20006
www.mayerbrown.com<http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://redirect.state.sbu/?url=http://www.mayerbrown.com/>

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