Part 5 · § X

Payment authority

The jury was told he took money he was not allowed to take, from a “sham-UN affiliate.” The motion answers with the contracts, the Government’s concessions, and the definition it never gave.

WSA letter of November 1, 2016 appointing Asa Saint-Clair Treasurer of the World Sports Alliance IGO. Highlighted: You will be responsible for all matters dealing with the treasury of the WSAIGO, with the monetization of the assets of WSAIGO and with the funding of the WSAIGO and of each of its projects. Also highlighted in the partners list: UN DESA NGO Section and UN NGO IRENE. Personal address, email and phone blacked out.ASC 102 · Treasurer appointment, Nov. 1, 2016 · ECF 171-1 at 131

When he joined in November 2016, WSA appointed him Treasurer: “You will be responsible for all matters dealing with the treasury of the WSAIGO, with the monetization of the assets of WSAIGO and with the funding of the WSAIGO and of each of its projects.” The letterhead lists UN DESA NGO Section and UN‑NGO‑IRENE among WSA’s partners. (ASC 102; ECF 171-1 at 131)

Memorandum § X.A

The contract: page one, and page four

In closing the jury heard that his contract barred the payments: “he’s not allowed to take that money,” and “he did anyway, and then he lied about it.” (Tr. 1094) The motion says the Government showed page one and not page four.

Employment Agreement effective November 1, 2016, page one. Highlighted, section 1(a)(B): the obligation to commence the payment of compensation is conditional upon receipt of a first US$2,000,000 of a proposed minimum US$4,000,000 in seed capital. Home address blacked out.Page one · § 1(a): compensation conditional on the first $2 million of seed capital · ECF 135 at 86
Employment Agreement page four. Highlighted: section 2(b)(ii), the Company will pay or reimburse all reasonable and necessary business expenses incurred or to be incurred; 2(b)(iii), computer, server, software and cellular telephone; 2(b)(v), reasonable moving and temporary living expenses.Page four · § 2(b)(ii), (iii), (v): expenses, equipment, moving · ECF 135 at 89

What the contract conditioned, and what it did not

Tr. 1094 · ECF 146 at 21 · ECF 135 at 86, 89 · Tr. 981–82 · GX 3101–3102
What the jury was told
  • Closing · Tr. 1094The contracts required WSA’s affiliated companies to be “revenue positive”; “he’s not allowed to take that money.”
  • 2025 · ECF 146 at 21The Government concedes the contracts “did not use the term ‘revenue positive.’”
What the contract says
  • Page one · § 1(a)(B)Only “the payment of compensation” waited on the first $2 million of seed capital. (ECF 135 at 86; Tr. 981–82)
  • Page four · § 2(b)(ii)“The Company will pay or reimburse the Employee for all reasonable and necessary business expenses incurred or to be incurred.” (ECF 135 at 89)
  • Page four · § 2(b)(iii), (v)Computer, server, software and phone; and “the reasonable expenses of moving” and “reasonable temporary living expenses.” (ECF 135 at 89)
  • 2018 · GX 3101, 3102The later contracts removed the seed-capital condition entirely. (ECF 171-1 at 44–129)
Salary waited on seed capital. Expenses, equipment and moving costs did not.

The exhibit

GX 3101: the April 6, 2018 employment agreement between Asa Saint Clair and Commtrade International, first page. Home address blacked out.GX 3101 · ECF 171-1 at 45 · the 2018 Commtrade agreement
GX 3102: the March 28, 2018 employment agreement between Asa Saint Clair and the World Sports Alliance Intergovernmental Organization, first page. Home address blacked out.GX 3102 · ECF 171-1 at 99 · the 2018 WSA agreement

Addresses, phone numbers, emails, account numbers and signatures are blacked out. Tap a page to read it full size.

Memorandum § X.A

“Misrepresentation conceded”

“Revenue positive”

Tr. 1094 · ECF 146 at 21 · DX 29
What the jury was told in closing · Tr. 1094
  • The claimHis contracts required the companies to be “revenue positive,” or “he’s not allowed to take that money.”
  • The accusation“[H]e did anyway, and then he lied about it.”
What the record shows
  • Conceded · ECF 146 at 21No such “revenue positive” term appears in any contract.
  • DX 29 § 1(a)Salary, and only salary, was conditioned on a $2 million seed round. (Tr. 981–82; ECF 135 at 86)
  • DX 29 § 2(b)(ii)Mandatory reimbursement of “all reasonable and necessary business expenses incurred or to be incurred.” (ECF 135 at 89)
  • DX 29 § 2(b)(iii), (v)Electronic equipment; moving and temporary-living expenses.
The motion says the jury was shown page one of the contract, and not the authorizing provisions on page four.
Memorandum § X.B–D

“Petitioner’s intergovernmental authority was concealed”

$427,480advanced to him, 2016–2019
$2,989,699contractually due
$2,562,219owed to him at arrest
about 14%of what he was entitled to

These figures are Saint Clair’s own summary (Exhibit E), prepared from the bank records underlying the Government’s forensic summaries, GX 2900 and GX 1500, and the pay terms in evidence (Fed. R. Evid. 1006; Saint Clair Decl. ¶ 16). The motion’s conclusion: “The Government prosecuted the organization’s largest creditor as its embezzler.”

Exhibit E: financial summary of amounts advanced against amounts contractually due.Exhibit E · advanced vs. contractually due
Demonstrative chart filed with the motion. It organizes record evidence; it is not itself evidence. Tap to enlarge.

The exhibit

PX 1: the March 14, 2019 employment agreement between Asa Saint Clair and the World Sports Alliance Intergovernmental Organization, first page. Home address blacked out.PX 1 · ECF 150-1 at 6 · the 2019 agreement
GX 2900 page 2: the Government’s summary chart of total deposits, $854,114, split between investor funds and other sources. Account number blacked out.GX 2900 at 2 · the Government’s deposit summary
GX 1500: the Government’s summary of wire transfers, other transfers, payments and checks by destination of funds, totaling $473,826, with the Government exhibit sticker.GX 1500 · the Government’s payments summary, as shown to the jury

Addresses, phone numbers, emails, account numbers and signatures are blacked out. Tap a page to read it full size.

NextThe Attorney →Trial counsel · The affidavit, ECF 146-1