THE MENENDEZ TRIAL: Commerce Official Says Melgen Rep Turned ‘Aggressive and Threatening’
NEWARK – A 2012 meeting between the US Commerce Department and a lawyer representing Dr. Salomon Melgen turned “aggressive and threatening” when Melgen’s rep mentioned “politically connected friends” who “could cause a lot of trouble” if Melgen believed he was not treated well, a Commerce official testified at Sen. Bob Menendez’s corruption trial this afternoon.
Scott Smith, the witness called by the prosecution who works as an international trade specialist for the Commerce Department, testified he believed the lawyer making threats was referencing Menendez. The Democratic lawmaker who is Melgen’s co-defendant in trial was copied in an email chain providing background on Melgen’s interest in a company with a contract to scan containers going through Dominican ports, Smith said.
Neither Menendez nor anyone from his staff was present for the hour-long, Feb. 1, 2012 meeting between Smith, his superior, and Elio Mueller, a former Commerce official who represented Melgen.
“He continually reminded us he could make trouble for the Commerce Department,” Smith said of Mueller, “he could be a bull in the Commerce Department’s China shop, his tone was just threatening.”
After spending much of the previous three weeks focused on Menendez’s actions assisting with visas for Melgen’s foreign girlfriends and the duo’s trips to luxury Caribbean resorts, prosecutors pivoted this afternoon to the next phase of their case. They allege that, in exchange for bribes including the vacations and private jet travel, Menendez sought to stop the US from donating X-ray scanners to the Dominican government because doing so would make Melgen’s exclusive port security contract all but worthless.
Melgen owned half of ICCSI, a company contracted in 2002 to provide X-ray container screenings at the Dominican ports. But by the time Melgen acquired his interest in 2011, the Dominican government had not used the company in nearly seven years, a retired State Department official testified.
Alexander Marguiles, who was counselor for economic and political affairs for the US ambassador to the Dominican Republic from 2009 to 2012, testified Melgen met with him, the ambassador and the deputy chief of mission in Santo Domingo in October 2011.
“He asked the embassy to intercede to have the contract complied with, or monetary compensation for breach of contract,” Marguiles said of Melgen.
State Department officials in Washington authorized the embassy to raise general concerns about the business climate with Dominican officials, but nixed any more specific help for ICCSI, Marguiles said.
Menendez’s defense attorney Raymond Brown objected loudly and frequently to the observations from Smith, the Commerce official who believed Mueller’s threats tracked back to Menendez.
The prosecution had finished questioning Marguiles and the defense was prepared to cross-examine when Melgen attorney Samuel Stern observed it was just past the time Judge William Walls typically breaks for the day.
“Oh, I hadn’t realized that,” said Walls, who had been active in the many objections and sidebars between attorneys for more than an hour. “So exciting. “
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