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Summary of Major U.S. Export Enforcement, Economic and Sanctions-Related Criminal Cases

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Summary of Major U.S. Export Enforcement, Economic and Sanctions-Related Criminal Cases ______________________________________________________________________________ OCTOBER 2014 NSD WWW.JUSTICE.GOV (202) 514-2007 SUMMARY OF MAJOR U.S. EXPORT ENFORCEMENT, ECONOMIC ESPIONAGE, TRADE SECRET AND EMBARGO-RELATED CRIMINAL CASES (January 2008 to the present: updated October 22, 2014) Below is a brief description of some of the major export enforcement, economic espionage, theft of trade secrets, and embargo-related criminal prosecutions by the Justice Department since January 2008. These cases resulted from investigations by the Homeland Security Investigations (HSI) [formerly Immigration and Customs Enforcement , (ICE)], the Federal Bureau of Investigation (FBI), the Department of Commerce's Bureau of Industry and Security (BIS), the Pentagon's Defense Criminal Investigative Service (DCIS), and other law enforcement agencies. This list of cases is not exhaustive and only represents select cases. WMD Materials to North Korea - On October 10, 2014, in the Northern District of Illinois, a former resident of Taiwan, pleaded guilty to conspiracy to defraud the United States in its enforcement of regulations targeting proliferators of weapons of mass destruction. Hsien Tai Tsai a.k.a. “Alex Tsai” admitted that he engaged in illegal business transactions involving the export of U.S. origin goods and machinery. Tsai faces a maximum sentence of five years in prison and a $250,000 fine. Under the terms of his plea agreement, the government will recommend a sentence of approximately 30 months in prison provided Tsai continues to fully cooperate with the United States. Previously, on June 6, 2013, Alex Tsai, who the U.S. government has linked to the supply of weapons machinery to North Korea, and his son, Yueh-Hsun Tsai, also known as "Gary Tsai," were indicted in the Northern District of Illinois for allegedly conspiring to violate U.S. laws designed to thwart the proliferation of weapons of mass destruction. On May 1, 2013, both Alex Tsai and Gary Tsai were arrested pursuant to criminal complaints filed on April 19, 2013. Alex Tsai, who was believed to have resided in Taiwan, was arrested in Tallinn, Estonia, and was later extradited to the United States, where he remains in federal custody. Gary Tsai, who is from Taiwan and is a U.S. legal permanent resident, was arrested at his home in Illinois. Each were charged with conspiring to defraud the U.S. in its enforcement of laws prohibiting the proliferation of weapons of mass destruction; conspiracy to violate the International Emergency Economic Powers Act (IEEPA) by conspiring to evade the restrictions imposed on Alex Tsai and two of his companies by the U.S. Treasury Department, and money laundering. Agents had been investigating the pair, as well as Individual A (a Taiwanese associate of Alex Tsai), and a network of companies engaged in the export of U.S. origin goods and machinery that could be used to produce weapons of mass destruction. The investigation revealed that Alex and Gary Tsai and Individual A are associated with at least three companies based in Taiwan - Global Interface Company, Inc., Trans Merits Co., Ltd., and Trans Multi Mechanics Co., Ltd. - that have purchased and then exported, and attempted to purchase and then export, from the United States machinery used to fabricate metals and other materials with a high degree of precision. On January 16, 2009, the Treasury Department designated Alex Tsai, Global Interface, and Trans 1 Merits as proliferators of weapons of mass destruction, isolating them from the U.S. financial system and prohibiting any U.S. person or company from doing business with them. In announcing the order, the Treasury Department said that Alex Tsai was designated for providing support for, or goods or services in support of the Korea Mining Development Trading Corporation (KOMID), which was designated as a proliferator by the U.S. in 2005. The Treasury Department asserted that Alex Tsai "has been supplying goods with weapons production capabilities to KOMID and its subordinates since the late 1990s, and he has been involved in shipping items to North Korea that could be used to support North Korea's advanced weapons program." After the OFAC designations, Alex and Gary Tsai and another individual allegedly continued to conduct business together, but attempted to hide Alex Tsai's and Trans Merit's involvement in those transactions by conducting business under different company names, including Trans Multi Mechanics. For example, approximately eight months after the OFAC designations - Alex and Gary Tsai, Individual A and others allegedly began using Trans Multi Mechanics to purchase and export machinery on behalf of Trans Merits and Alex Tsai. Specifically, the charges allege that in September 2009 they purchased a Bryant center hole grinder from a U.S. company based in suburban Chicago, and exported it to Taiwan using the company Trans Multi Mechanics. The charges further allege that by at least September 2009, Gary Tsai had formed a machine tool company named Factory Direct Machine Tools, in Glenview, Ill., which was in the business of importing and exporting machine tools, parts, and other items to and from the United States. However, the charges allege that Alex Tsai and Trans Merits were active partners in Factory Direct Machine Tools, in some instances procuring the goods for import to the United States for Factory Direct Machine Tool customers. Charges remain pending against Tsai’s son, Gary Tsai. He was released on bond after he was arrested in May 2013 and has pleaded not guilty. This investigation was conducted by the FBI, ICE-HSI and BIS. High Tech Night Vision Devices to Russia – On October 9, 2014, Dmitry Ustinov, of Moscow, Russia, was sentenced in the District of New Jersey to 18 months in prison and 3 years supervised release, for conspiracy to export high-tech military technology, in violation of federal law, including the Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR). Ustinov will be deported from the United States upon his release from federal prison. Ustinov has been incarcerated since April 15, 2013, when he was arrested at the request of the U.S. Government in Vilnius, Lithuania after entering the country from Russia. On August 23, 2013, Lithuania extradited Ustinov to the United States. On July 10, 2013, Ustinov pled guilty to the above offense. According to court documents, between July 2010 and April 2013, Ustinov, working with a supplier based in Virginia, caused or attempted to cause the export from the United States to Russia of approximately seventeen different night vision devices and thermal imaging scopes, which are designated on the United States Munition List (USML) as defense articles, and are prohibited from export outside the United States. The defense articles at issue, including Insight Mini Thermal Monoculars, D-740 night vision scopes, and Flir Tau 640 thermal imaging cameras, are primarily used as weapons’ mounted or helmet mounted night vision devices, and in the case of the Flir Tau 640s, can even be mounted to fast moving vehicles or aircrafts, such as unmanned aerial vehicles. Given the sensitive nature of the defense articles at issue, Ustinov’s scheme was designed to avoid detection by law enforcement at each step in the process. First, Ustinov worked closely with a United States-based straw purchaser to conceal his involvement at the point of sale. Second, once a specific defense article was identified for purchase, Ustinov wired money to the straw purchaser to buy the defense article from front companies located in off-shore accounts in Cyprus. Finally, Ustinov also caused the packages containing USML defense articles to be falsely labeled so that customs officials from the United States and other countries would be less likely to search the package. Moreover, Ustinov also discussed using less traditional methods to obtain and export these night vision devices outside 2 the United States, such as establishing a phony front company in the United States, and placing these high-tech devices inside chopped up car parts to conceal them from customs officials. At no time, however, did Ustinov ever apply for or receive a license to export these devices from the U.S. Department of State. This case was investigated by ICE-HSI. Drone, Missile and Stealth Technology to China – On September 22, 2014, Hui Sheng Shen, aka "Charlie," and Huan Ling Chang, aka, "Alice," both Taiwanese nationals, each pleaded guilty in the District of New Jersey to one count of conspiracy to violate the Arms Export Control Act and one count of conspiracy to import illegal drugs. Previously, on April 25, 2012, an amended criminal complaint was unsealed charging Shen and Chang with conspiracy to violate the Arms Export Control Act. Both had previously been arrested on February 25, 2012 in New York in connection with a complaint in New Jersey charging them with conspiring to import and importing crystal methamphetamine from Taiwan to the United States. According to the amended complaint, during negotiations with undercover FBI agents over the meth deal, the defendants asked FBI undercover agents if they could obtain an E-2 Hawkeye reconnaissance aircraft for a customer in China. In subsequent conversations, Shen and Chang allegedly indicated they were also interested in stealth technology for the F-22 fighter jet, as well missile engine technology, and various Unmanned Aerial Vehicles (UAV), including the RQ-11b Raven, a small, hand-launched UAV used by the U.S. Armed Forces. Shen and Chang allegedly stated that their clients were connected to the Chinese government and its intelligence service. According to the complaint, they sent undercover agents a code book to facilitate communications relating to the proposed arms exports and opened a bank account in Hong Kong to receive and disburse funds related to the transactions. On a visit to New York in February 2012, the defendants allegedly examined a Raven RQ-11b UAV and manuals relating to the RQ- 4 Global Hawk UAV (provided by undercover FBI agents) that they allegedly intended to export to China.
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