Witness Intimidation Alleged in Kim Case

Two witnesses in the FBI’s probe of Rep. Jay C. Kim’s campaign fund-raising have been threatened or harassed, and others have expressed fear of repercussions from friends and family members, according to a government document filed in federal court this week.

The nature and sources of the threats were not revealed in the sworn declaration by FBI Special Agent Anthony R. Gordon.

Gordon’s declaration was filed in connection with the government’s criminal case against Paul Koh, controller of Hyundai America Motors, a subsidiary of the South Korean car manufacturer.

Koh, 40, of Mission Viejo, is accused of taking part in a scheme to launder $4,500 in funds from Hyundai that was donated to the Diamond Bar Republican’s 1992 congressional campaign.

Corporate contributions to federal election campaigns are illegal.

Since December, Hyundai Motors America, Korean Airlines and Samsung America--all Korean-owned companies--have pleaded guilty to misdemeanor charges of funneling campaign contributions to the Korean-born Kim.

After negotiating plea agreements with the government, they paid fines totaling $1 million and promised to cooperate with the FBI’s continuing investigation into the funding of Kim’s congressional campaigns.

Unlike other Hyundai officers and employees, Koh was not granted immunity in the plea agreement and is scheduled to go on trial May 14.

Citing the alleged threats, the prosecution is balking at complying with the defense team’s demand for a list of government witnesses before the trial begins.

The FBI agent said he believed that witnesses would be reluctant to cooperate with government investigators and might not make themselves available to testify if their names and addresses were surrendered to the defense at this time.

Since the investigation was started in 1993, Gordon said, the FBI has interviewed more than 200 people.

Assistant U.S. Atty. Edward B. Moreton Jr., who is prosecuting the case, declined to comment on the reported threats.

According to the defense, however, the government has acknowledged that Koh was not involved in any attempts to intimidate witnesses.

A hearing on this and other discovery disputes will be held March 25 before federal Judge Richard A. Paez.

In a related development, a federal grand jury issued a new indictment Wednesday against Koh, accusing him of conspiracy as well as causing and aiding and abetting the filing of a false campaign report by the Kim campaign committee.

Koh was previously charged with a single count of causing the Kim campaign to make false statements to the Federal Election Commission.

Both of the new counts are felonies.

Kim, who is running for a third term, has not been charged and has denied knowing anything about the illegal corporate contributions.