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Tongsun Park, a former businessman and well-known socialite in Washington, D.C., was indicted twice during his lifetime for violating the Foreign Agents Registration Act (“FARA”). These two indictments, separated by nearly 30 years, were each part of larger scandals, but only the second prosecution resulted in a conviction.

Park was born in South Korea but came to the United States as a young adult and enrolled in Georgetown University, quickly building a large network of connections in D.C. Following graduation, he amassed a small fortune through a lucrative deal in which he was the sole middleman selling American rice to South Korea. He used this money to afford a lavish lifestyle and secure his position in D.C.’s highest social circles, opening the George Town club in 1966. The members-only club became a favorite spot for many of Washington’s most influential individuals, including numerous senators and representatives.

In 1977, an indictment handed down by a federal grand jury in D.C. alleged that Park had violated FARA by acting as an unregistered agent of the Korean Central Intelligence Agency, among several other charges, including bribery and conspiracy, totaling 36 felony counts. The allegations became part of the broader ‘Koreagate’ scandal, which prompted investigations into the activities of numerous Members of Congress. According to the indictment, Park had allegedly given several senators financial gifts, sometimes up to $200,000, at the direction of the KCIA, to influence U.S. policy towards South Korea.

Park fled to London and then South Korea following his indictment. He eventually returned to the United States after a deal was reached between the South Korean and U.S. governments under which Park agreed to testify in exchange for immunity from prosecution on the charges in his indictment. During his testimony, Park admitted that he distributed approximately $750,000 in covert gifts between 1970 and 1975. However, some of these payments were characterized as campaign contributions, complicating efforts to prosecute Members of Congress. Park’s testimony ultimately proved underwhelming, with only three of the thirty-one congressmen Park named being indicted, and only one, Richard Hanna, was convicted.

Although the Koreagate investigation largely faded without significant congressional convictions, Park’s legal troubles would resurface decades later in an entirely different foreign-influence controversy.

In 2006, Park was again indicted for FARA-related violations, this time for acting as an unregistered agent of Iraq. In the early 1990s, the United Nations was considering the “Oil for Food” Program, intended to allow Iraq to sell oil and use the proceeds to purchase humanitarian goods and pay Gulf War reparations. Evidence during the trial showed that Mr. Park, beginning around 1992, agreed to work for Saddam Hussein’s regime as an intermediary with the United Nations to promote the program and lift economic sanctions on Iraq. Park received roughly $2 million as a part of this deal but failed to register his status as an agent of the Iraqi government with the Justice Department. The Oil for Food program was enacted in 1995 but was plagued with corruption and used to extract hundreds of millions of dollars in illegal kickbacks by the Iraqi regime.

Park was found guilty by a jury of conspiracy to violate FARA and was sentenced to 60 months’ imprisonment. He was also ordered to pay a $15,000 fine and forfeit $1.2 million. The sentencing Judge admitted the sentence was harsh given that Park was 71 at the time, but he also deemed it appropriate, telling Park that he had acted out of greed, trying to profit from what was intended as a humanitarian aid program. Park was released in September 2008 after resentencing based on his cooperation with the government and his deteriorating health. He spent the remainder of his life in South Korea.

Special thanks to Sonia de Jong for her efforts on this Blog piece.

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