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Major Export Enforcement Cases - Directorate of Defense Trade ...

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superseding indictment quoted from an internal company e-mail in which an Everjet<br />

employee told a Fushine employee, “Since these products are a little bit sensitive, in case<br />

the maker ask [sic] you where the location <strong>of</strong> the end user is, please do not mention it is in<br />

China.” As part <strong>of</strong> the plea agreement, Lu also agreed to forfeit 36 additional microwave<br />

amplifiers seized on March 24, 2010, but that were not included in the superseding<br />

indictment. This investigation was conducted by the Department <strong>of</strong> Commerce (BIS), the FBI,<br />

ICE, and U.S. Customs and Border Protection.<br />

Stolen Tactical Laser Illuminators Overseas – On Oct. 30, 2012, Fidel Ignacio Cisneros was<br />

sentenced in the Middle District <strong>of</strong> Florida to 46 months in prison followed by two years<br />

supervised release for violating the Arms <strong>Export</strong> Control Act. Cisneros, a former master sergeant<br />

in the U.S. Army pleaded guilty to the charge on July 31, 2012. According to court documents,<br />

from 2007 to 2010, Cisneros served as a soldier in the U.S. Army, where he performed various<br />

missions in that capacity, in Iraq and elsewhere. During his deployment, Cisneros stole three<br />

Acquired Tactical Illuminating Laser Aimers (Atilla 200 lasers), an ACOG rifle scope, and other<br />

items. He brought all <strong>of</strong> the items back to Orlando without first obtaining permission from the<br />

Department <strong>of</strong> <strong>Defense</strong>. Using his eBay account, Cisneros auctioned one <strong>of</strong> the Atilla 200 lasers<br />

to the highest bidder. Cisneros shipped the Atilla-200 laser from Orlando to a Japanese national<br />

in Tokyo, in exchange for $3,200. The Atilla 200 laser requires a State Department license to be<br />

exported out <strong>of</strong> the United States, which Cisneros did not have. In March 2010, Cisneros also<br />

auctioned a PEQ AN/PEQ-14 night vision pointer illuminator, which was shipped to California; a<br />

Thuraya Hughes 7101 Satellite phone GSM+GPS, which was shipped to Kuwait; a Thuraya<br />

Satellite phone docker FDU 2500, which was shipped to California; and a PEQ/Atilla 200 rail<br />

mounted laser, which was shipped to Nevada. On Jan. 26, 2011, Cisneros admitted to ICE agents<br />

that he knew it was probably wrong to sell the items and that civilians probably were not allowed<br />

to possess the items. That same day, agents recovered the remaining Atilla 200 lasers that<br />

Cisneros stole from the Army. Federal law enforcement agents in the United States and in Japan<br />

subsequently recovered all <strong>of</strong> the items Cisneros sold. Cisneros was charged in a May 16, 2012<br />

indictment. This investigation was conducted by ICE and DCIS.<br />

Military Aircraft Engines to Venezuela – On Oct. 29, 2012, Floyd D. Stilwell <strong>of</strong> Phoenix,<br />

Arizona, pleaded guilty in the District <strong>of</strong> Arizona to conspiracy to violate the Arms <strong>Export</strong><br />

Control Act. Stilwell and Marsh Aviation Company <strong>of</strong> Mesa, Arizona, were indicted on Oct. 28,<br />

2010, for violating the Arms <strong>Export</strong> Control Act and conspiracy. The indictment alleged that<br />

beginning in Nov. 2005 through Feb. 2008, Stilwell Marsh Aviation and others contributed to the<br />

export <strong>of</strong> T-76 military aircraft engines from the United States to Venezuela for use by the<br />

Venezuelan Air Force. The T-76 aircraft engine was designed for the OV-10 Bronco Aircraft<br />

which is a light armed reconnaissance aircraft specifically suited for counterinsurgency missions.<br />

The indictment also alleges that the defendants furnished assistance to members <strong>of</strong> the<br />

Venezuelan Air Force, including training in the assembly, testing, maintenance and use <strong>of</strong> the T-<br />

76 military aircraft engine without the required authorization from the State Department. The<br />

investigation was conducted by the FBI, ICE, and the DCIS.<br />

Military Aircraft Engines and Components to Venezuelan Air Force – On Oct. 26, 2012, Kirk<br />

Drellich, the owner <strong>of</strong> SkyHigh Accessories, Inc., an aircraft parts company in Florida, was<br />

sentenced in the Southern District <strong>of</strong> Florida to one year and one day in prison and was fined<br />

$50,000, after pleading guilty earlier in the year to conspiracy to violate the Arms <strong>Export</strong> Control<br />

Act (AECA). On July 30, 2012, Victor Brown, an aircraft parts broker in Florida, pleaded guilty<br />

in the Southern District <strong>of</strong> Florida to conspiracy to violate the AECA. On July 27, 2012, Freddy<br />

Arguelles, a former Venezuelan Air Force pilot living in the U.S., pleaded guilty to conspiracy to<br />

violate the AECA. On July 13, 2012, Alberto Pichardo, an <strong>of</strong>ficer <strong>of</strong> the Venezuelan Air Force<br />

10

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