Pham Viet Cuong is one of ten former leaders, judges, and court officials currently on trial at the Hanoi people's court in a series of 20 cases involving giving, receiving, and brokering bribes.

Cuong is accused of directly receiving, or receiving through intermediaries, 970 million VND to interfere in five criminal and civil cases, aiming to secure favorable rulings for those who provided the money. In two of these cases, the "case-fixing" attempts failed, forcing Cuong to return the money he had already taken from the litigants.

Pham Viet Cuong (center), former vice chief justice of Da Nang high-level people's court. Photo: Danh Lam

The first case involved a property division lawsuit filed by plaintiff Nguyen Thi Thu Ha. After winning at the district-level court, Ha proactively sought to influence the outcome when the defendant appealed.

In september 2022, Ha went to the Da Nang high-level people's court and gave Cuong 100 million VND, asking for his help to uphold the initial ruling. Cuong promised to consider and assist her.

When the appellate court ruled against her, Ha submitted a petition to the Da Nang high-level people's court, requesting the annulment of the appellate judgment and the reinstatement of the initial ruling in her favor. Ha met Cuong again and gave him an additional 300 million VND.

On 5/4/2023, in his office at the Da Nang high-level people's court, Cuong returned 400 million VND to Ha. He explained that he had reported the matter to the competent authority of the Da Nang high-level people's court, but his request was denied.

Two days later, at the cassation hearing, the court upheld the appellate judgment, meaning Ha lost the case.

Ha filed a complaint, which led Cuong to give her an additional 400 million VND. Ha later withdrew her complaint.

Cuong is currently prosecuted for receiving bribes, while Ha is charged with giving bribes.

The litigant apologizes to the judge for filing a complaint

During her testimony, Ha admitted to the accusations, stating she knew Cuong through social connections and believed she was asking for "the right thing to be done". She thought she was simply thanking him for his help and was unaware it was a criminal act.

Ha confirmed that Cuong could not help her and proactively returned the 400 million VND before the trial.

Regarding the additional 400 million VND Cuong gave her, Ha explained it was money lent by Cuong and his wife because they saw she had lost the lawsuit and was in distress.

"Was it truly a loan?", the presiding judge inquired, asking Cuong's wife to confront the statement.

Cuong's wife testified that she personally lent Ha a few hundred million VND but was unsure how much more her husband lent her.

"How strange, you lent money but don't remember how much?", the court asked, but Cuong's wife still replied, "I don't remember".

Reflecting on the "case-fixing" attempt, Ha acknowledged her wrongdoing and "apologized to Mr. Cuong and his family". Ha stated that her lack of legal understanding led her to file the complaint, but she could not withdraw it in time.

Cuong confirmed the loan arrangement between his wife and Ha, explaining that due to "close friendship, knowing Ha and her husband for a long time, seeing them as honest and kind, and having just lost everything in the lawsuit", he lent them money to be repaid when possible, without any written agreement.

Judge "fixes case" for his wife

Cuong's second failed "case-fixing" attempt was also the most unusual in the series of 20 bribery cases. The person seeking to influence the case was not a litigant, defendant, or their family member, but another judge.

The indictment states that in march 2023, after judge Doan Thi Thanh Ha of the Pleiku people's court, Gia Lai province, presided over a civil case, the appellate level completely annulled the judgment. The losing party then filed a petition for cassation, seeking to uphold the initial ruling.

To prevent the annulment from affecting his wife's reappointment as a judge, her husband, Nguyen Xuan Hung, who was then the chief justice of Dak Doa district people's court, Gia Lai province, asked defendant Trinh Ninh Binh, a head of department at the Da Nang high-level people's court, for help.

Binh then connected with a second intermediary, Nguyen Thi Nga, deputy head of department at the Da Nang high-level people's court.

When Hung transferred 320 million VND, Binh kept 70 million VND and transferred 250 million VND to Nga. Nga, in turn, kept 150 million VND and transferred 100 million VND to Cuong. Thus, after two layers of intermediaries, the 320 million VND dwindled to 100 million VND by the time it reached judge Cuong.

Cuong subsequently signed a cassation appeal decision for the case, aiming to uphold the initial ruling issued by judge Ha. However, the cassation council ultimately ruled to annul the appellate judgment for a retrial, meaning the outcome was not what Hung and his wife desired.

Consequently, a few days later, Cuong returned 50 million VND to Nga.

Regarding the return of money, Cuong stated that when Nga sought his help, he reviewed the case file, found grounds to assist, and reported to the chief justice, who approved.

"During the process, Ms. Nga also said the family wanted to express their gratitude and gave me 100 million. After receiving it, I gave 50 million to my superior and kept 50 million", Cuong said. However, when the cassation council was formed, they did not agree to uphold the initial judgment but instead wanted to annul the appellate judgment for a retrial.

"I felt it was not consistent with what they asked me to do, so I called Nga and returned my 50 million VND share. I don't know how Ms. Nga handled the cassation council's portion", Cuong stated at the trial.

Meanwhile, judge Hung testified that he "fixed the case" for his wife simply because he worried that "too many overturned judgments would prevent her reappointment as a judge".

"Seeing my wife sad and depressed about it, I thought I should seek help to make her happy. No one influenced me. I spent my own money to seek assistance", Hung testified.

Hung is currently prosecuted for giving bribes. His wife is not being prosecuted.

In addition to the two failed "case-fixing" attempts, Cuong is also accused of agreeing to help influence another business lawsuit, also brokered by Nga, but he had not yet received any money.

Cuong's two successful bribery cases involved criminal charges related to a family of three: a mother and her two sons. The mother was on trial for gambling, and her "case was fixed" for a suspended sentence at a cost of 300 million VND. Her two sons were on trial for murder, and their sentences were reduced by two years each for a total of 220 million VND.

Defendant Nguyen Thi Minh Phuong, former head of administration - justice department, Da Nang high-level people's court. Photo: Danh Lam

Both of these successful "case-fixing" attempts were carried out through Cuong's subordinate at the Da Nang high-level people's court, defendant Nguyen Thi Minh Phuong, former head of administration - justice department.

In both cases, although the defendants collectively paid 520 million VND in bribes, Phuong kept 280 million VND for herself. Cuong received 240 million VND.

Reflecting on the five bribery cases, Cuong stated that as someone working in the legal field, he knew his actions constituted a crime. However, he asked the court to apply the "incomplete crime" provision for the cases where he returned the money.

"When I reported it, the leader agreed, and only then did I dare to accept. But after accepting, the leader disagreed. According to the principle, if I couldn't help, I had to return the money. I returned it before those cases were tried", said the former vice chief justice of the Da Nang high-level people's court.

Regarding the profits he received, Cuong claimed he only kept 220 million VND, "the rest was given to the leader", but since he could not prove it, he "accepted full responsibility". He pledged to compensate fully.

Regarding the actions of leaders, judges of the Da Nang high-level people's court, and other related individuals that have not yet been clarified, the Supreme People's Procuracy has issued a decision to separate the criminal case for further processing.

The trial continues today.

Thanh Lam