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SUMMARY of MAJOR U.S. EXPORT ENFORCEMENT, ECONOMIC ESPIONAGE, and SANCTIONS-RELATED CRIMINAL CASES (January 2016 to the Present: Updated November 2019)

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SUMMARY of MAJOR U.S. EXPORT ENFORCEMENT, ECONOMIC ESPIONAGE, and SANCTIONS-RELATED CRIMINAL CASES (January 2016 to the Present: Updated November 2019) 1 ______________________________________________________________________________ November 2019 NSD WWW.JUSTICE.GOV (202) 514-2007 SUMMARY OF MAJOR U.S. EXPORT ENFORCEMENT, ECONOMIC ESPIONAGE, AND SANCTIONS-RELATED CRIMINAL CASES (January 2016 to the present: updated November 2019) Below are brief descriptions of some of the major export enforcement, economic espionage, and sanctions- related criminal prosecutions by the Department of Justice since January 2016. These cases resulted from investigations by the Federal Bureau of Investigation (FBI), Homeland Security Investigations (HSI), 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 represents only select cases and is not exhaustive. Cryptocurrency for North Korea – On Nov. 29, 2019, in the Southern District of New York, a criminal complaint was unsealed charging Virgil Griffith with violating the International Emergency Economic Powers Act (IEEPA) by traveling to the Democratic People’s Republic of Korea (“DPRK” or “North Korea”) in order deliver a presentation and technical advice on using cryptocurrency and blockchain technology to evade sanctions. Griffith, who is a citizen of the United States and a resident of Singapore, was arrested at Los Angeles International Airport on Nov. 28, 2019. According to the complaint unsealed in Manhattan federal court: Pursuant to the IEEPA and Executive Order 13466, U.S. persons are prohibited from exporting any goods, services, or technology to the DPRK without a license from Department of the Treasury, Office of Foreign Assets Control (OFAC). In or about April 2019, Griffith traveled to the DPRK to attend and present at the “Pyongyang Blockchain and Cryptocurrency Conference.” Despite the Department of State denying Griffith permission to travel to the DPRK, Griffith presented at the Cryptocurrency Conference in the DPRK, knowing that doing so violated sanctions against the DPRK. At no time did Griffith obtain permission from OFAC to provide goods, services, or technology to the DPRK. At the Cryptocurrency Conference in the DPRK, Griffith and other attendees discussed how the DPRK could use blockchain and cryptocurrency technology to launder money and evade sanctions. After the Cryptocurrency Conference, Griffith began formulating plans to facilitate the exchange of cryptocurrency between North Korea and South Korea, despite knowing that assisting with such an exchange would violate sanctions against the DPRK. Griffith also encouraged other U.S. citizens to travel to North Korea and attend the DPRK Cryptocurrency Conference next year. This case is being investigated by the FBI and its New York Field Office. Monsanto Trade Secrets – On Nov. 21, 2019, Haitao Xiang, 42, formerly of Chesterfield, Missouri, was indicted by a federal grand jury on one count of conspiracy to commit economic espionage, three counts of economic espionage, one count of conspiracy to commit theft of trade secrets, and three counts of theft of trade secrets. According to the indictment, Xiang was employed by Monsanto and its subsidiary, The Climate Corporation, from 2008 to 2017, where he worked as an imaging scientist. Monsanto and The Climate Corporation developed a digital, on-line farming software platform that was used by farmers to collect, store, and visualize critical agricultural field data and increase and improve agricultural productivity 2 for farmers. A critical component to the platform was a proprietary predictive algorithm referred to as the Nutrient Optimizer. Monsanto and The Climate Corporation considered the Nutrient Optimizer a valuable trade secret and their intellectual property. Haitao Xiang applied for, and ultimately was recruited into, the Chinese government’s “Hundred Talents Program.” In June 2017, the day after leaving employment with Monsanto and The Climate Corporation, Xiang bought a one-way plane ticket to China. Before he could board his flight, Xiang was intercepted at the airport by federal officials who seized copies of the Nutrient Optimizer. The FBI is investigating this case. Military-Style Boats to China – On Nov. 1, 2019, in the Middle District of Florida, an indictment was returned charging four individuals – including two Chinese nationals, an active-duty U.S. Navy officer, and his wife – in a conspiracy to unlawfully smuggle military-style inflatable boats, with Evinrude MFE military outboard motors, to the People’s Republic of China (PRC). The Navy officer and two other defendants also were charged with conspiring to violate firearms law, and the Navy officer has been charged with an additional firearms-related offense and with making false official statements. The four defendants charged in the indictment are: Fan Yang, 34, a naturalized citizen of the United States and Lieutenant in the U.S. Navy residing in Jacksonville, Florida; Yang Yang, 33, wife of Fan Yang, and a naturalized citizen of the United States residing in Jacksonville; Ge Songtao, 49, a citizen and resident of the PRC; and Zheng Yan, 27, a citizen and resident of the PRC. The defendants were arrested on Oct. 17, 2019. All four defendants have been charged with conspiring to submit false export information and to fraudulently attempt to export articles from the United States. Additionally, Yang Yang, Ge Songtao, and Zheng Yan have been charged with causing the submission of false and misleading information into the U.S. Automated Export System, and fraudulently attempting to export seven vessels and eight engines. Fan Yang, Yang Yang, and Ge Songtao are charged with other offenses as well – all three have been charged with conspiring to violate laws prohibiting an alien admitted under a nonimmigrant visa from possessing a firearm and prohibiting the transfer of a firearm to a nonresident. Fan Yang also was charged with making a false statement to a firearms dealer and making false official statements in his application for a security clearance. This case was investigated by the FBI; the U.S. Naval Criminal Investigative Service; the U.S. Department of Commerce, Bureau of Industry and Security; and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. Scuba Equipment to Libya – On Oct. 29, 2019, Peter Sotis, 55, of Delray Beach, Florida, was arrested based on an indictment charging him with conspiracy to violate and attempted violation of the International Emergency Economic Powers Act (IEEPA) and the Export Administration Regulations (EAR), as well as smuggling of goods. The indictment alleges Sotis was the owner and principal of Add Helium, a Fort Lauderdale diving company. Sotis was charged with smuggling, conspiracy to violate and attempted violation of IEEPA and the EAR by transferring dual-use goods, that is, articles that have both civilian and military application, for export to Libya without the required Department of Commerce license. Court documents indicated that Sotis and a co-defendant at Add Helium transferred four rebreathers, which were controlled under the EAR for national security reasons, to a shipping company for export to Libya after being informed by a Commerce agent that the items could not be exported while a license determination was pending. A rebreather is an apparatus that absorbs the carbon dioxide of a scuba diver’s exhaled breath to permit the rebreathing (recycling) of each breath. This technology produces no bubbles, thereby concealing the diver’s activities from those on the surface, and allowing a diver to stay underwater longer compared with normal diving equipment. The investigation was conducted by Homeland Security Investigations and the Department of Commerce, with assistance from the FBI’s Miami Field Office and U.S. Customs and Border Protection. Industrial Equipment to Iran – On Oct. 24, 2019, an Ohio man was sentenced in U.S. District Court for exporting gas and oil pipeline parts to Iran for more than a decade in deliberate violation of a U.S. embargo and trade sanctions. Behrooz Behroozian, 64, of Columbus, was sentenced to 20 months in prison. 3 According to documents filed in this case: Behroozian was born in Iran and became a naturalized U.S. citizen in 1987. In November 2006, Behroozian became the owner and operator of a computer parts supplier in Dublin, Ohio, called Comtech International. Comtech had no storefront, made no domestic sales, and seldom exported computer parts. Instead, Comtech and Behroozian primarily exported industrial equipment to Sumar Industrial Equipment, in the United Arab Emirates, for further exportation to Iran. Behroozian used Sumar as an intermediary to attempt to cover-up that he was illegally supplying industrial equipment to Iran, in violation of the International Emergency Economic Powers Act (IEEPA). Behroozian exported manifolds, valves, and connectors used for industrial pipelines in the gas and oil refinement industry to Iran via Sumar and profited $35,000 to $40,000 per year. This violated embargo and trade sanctions imposed upon Iran by the United States in May 1995. The investigation was conducted by the FBI and the Department of Commerce. North Korean Bulk Carrier Ship – On Oct. 21, 2019, the Department of Justice announced the entry of a judgment of forfeiture regarding the M/V Wise Honest (the “Wise Honest”), a 17,061-ton, single-hull bulk carrier ship registered in the Democratic People’s Republic of Korea (“DPRK” or “North Korea”). The judgment of forfeiture, which was ordered by the Honorable P. Kevin Castel of the
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