Subject: Re: Romania
From: "Eric Schwerin" <[email-masked]>
To: "Gitenstein, Mark H." <[email-masked]>
Cc: <[email-masked]>
Date: Thu, 16 Jun 2016 15:32:31 -0400

Thanks, Mark.   We'll keep this to ourselves.

Eric D. Schwerin
[email-masked]

Sent from my iPhone

On Jun 16, 2016, at 1:54 PM, Gitenstein, Mark H. <[email-masked]>
wrote:

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] <[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]
<[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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