James Henry Giffen (March 22, 1941 – October 29, 2022) was an American businessman and an authority on American-Soviet trade.[1] He was the founder and chairman of Mercator Corporation. Giffen was the prime suspect accused in the $80 million Kazakhgate bribery scandal, which was at one time the largest U.S. investigations ever into an overseas bribery case; but which went nowhere.[2] [3]
Giffen was born in Stockton, California, on March 22, 1941.[4] He had ties to the USSR dating back to the 1970s. After graduating from college, he worked for a subsidiary of Armco Steel, developing a relationship with Armco boss and future US commerce secretary C. William Verity, Jr.[5] During the Cold War, Giffen was instrumental in setting up the multi-company American Trade Consortium (including large corporations such as RJR Nabisco, Chevron, Eastman Kodak, Johnson & Johnson and Archer Daniels Midland) to negotiate entry into the Soviet market with representatives of Soviet President Mikhail Gorbachev.[6]
In the Kazakhgate trial, Giffen asserted that he was acting with the approval of the Central Intelligence Agency, which refused to release secret papers relating to these activities.[7] His defense said Giffen had merely been following orders from the Kazakh government, which as a foreign state had the right to define legality according to its own views, and serving the interests of the United States.[8]
Giffen eventually pleaded guilty to a tax misdemeanor and paid $25; the other charges, which could have carried a penalty of several decades in prison, were dropped. The case concluded in November 2010; U.S. District Judge William Pauley, who said he had been able to refer to classified documents that had not been made public in the trial, ordered neither prison time nor a fine for Giffen.
Giffen died in Manhattan on October 29, 2022, at the age of 81.[9]
The character Danny Dalton from 2005 film Syriana, played by Tim Blake Nelson, was loosely based on James Giffen.