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

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United States from China and reserved a flight to China scheduled to depart on Feb. 28, 2007. Jin<br />

advised Motorola that she was ready to return to work at Motorola, without informing Motorola<br />

that she planned to return to China to work for Sun Kaisens. On Feb. 26, 2007, she returned to<br />

Motorola, and accessed hundreds <strong>of</strong> technical documents belonging to Motorola on its secure<br />

internal computer network. As she attempted to depart from Chicago to China, authorities seized<br />

numerous materials, some <strong>of</strong> which provided a description <strong>of</strong> communication feature that<br />

Motorola incorporates into its telecommunications products. Authorities also recovered classified<br />

Chinese documents describing telecommunication projects for the Chinese military. Jin was<br />

charged with theft <strong>of</strong> trade secrets in an April 1, 2008 indictment. A superseding indictment<br />

returned on Dec. 9, 2008 charged her with economic espionage. The investigation was conducted<br />

by the FBI, with assistance from U.S Customs and Border Protection.<br />

Anti-Aircraft Missile, Anti-Tank Weapons and Machine Guns to Mexican Drug Cartel – On<br />

Aug. 22, 2012, Mexican national David Diaz-Sosa was sentenced in the District <strong>of</strong> Arizona to 25<br />

years in prison after pleading guilty on April 19, 2011, to several violations related to his efforts<br />

to acquire military-grade weaponry in the United States for export to Mexico for use by a<br />

Mexican drug trafficking organization. Diaz-Sosa pleaded guilty to conspiracy to acquire and<br />

export an anti-aircraft missile, conspiracy to possess machine guns and transfer guns for use in a<br />

drug trafficking crime as well as methamphetamine violations. In 2009, Diaz-Sosa began<br />

negotiating with undercover agents for the purchase <strong>of</strong> weapons for the Sinaloan Drug Cartel in<br />

Mexico, including a Stinger missile, several anti-tank weapons, grenade launchers, grenades, and<br />

machine guns. Diaz-Sosa and his associates agreed to exchange cash and methamphetamine as<br />

payment for the weapons. On Feb. 17, 2010, Diaz-Sosa and Jorge DeJesus-Casteneda were<br />

arrested as they sought to finalize the weapons exchange with undercover agents. Diaz-Sosa,<br />

DeJesus-Castaneda, and an additional defendant, Emilia Palomino-Robles, were charged in a<br />

sealed indictment on March 16, 2010. Palomino-Robles pleaded guilty on April 13, 2011 to one<br />

drug violation, stemming from her role as a money and drug courier in the weapons-for-drugs<br />

transaction. On April 27, 2011, DeJesus-Casteneda was convicted <strong>of</strong> one count <strong>of</strong> possession<br />

with intent to distribute over 500 grams <strong>of</strong> methamphetamine, but was acquitted <strong>of</strong> other charges.<br />

DeJesus-Casteneda was sentenced on Aug. 3, 2011 to 146 months in prison and five years<br />

supervised release. DeJesus-Castenada was sentenced to 146 months incarceration on Aug. 3,<br />

2011. Palomino-Robles was sentenced on March 5, 2012 to 10 years in prison and 5 years<br />

supervised release for her role in the scheme. This investigation was conducted by the ATF and<br />

the DEA.<br />

<strong>Defense</strong> Services, Training, Technical Data, Body Armor and Ammunition to Foreign Nations<br />

-- On Aug. 7, 2012, a criminal information was unsealed in the Eastern District <strong>of</strong> North Carolina<br />

charging Academi LLC, formerly known as Blackwater Worldwide and Xe Services, LLC, with<br />

violating the Arms <strong>Export</strong> Control Act, the International Emergency Economic Powers Act<br />

(IEEPA), as well as federal firearms laws and other violations. A deferred prosecution agreement<br />

(DPA) was also unsealed on the same day, in which the company admitted to certain facts set<br />

forth in the bill <strong>of</strong> information and agreed to pay $7.5 million a fine. The DPA also<br />

acknowledged and referenced a $42 million settlement between the company and the State<br />

Department to settle civil violations <strong>of</strong> the Arms <strong>Export</strong> Control Act. The criminal information<br />

alleged the company violated IEEPA by exporting satellite phones to the Sudan in November<br />

2005 without a license from the Treasury Department. The information also alleged that the<br />

company violated arms export laws by proposing to provide security services and a threat<br />

assessment to the government <strong>of</strong> the Sudan; by providing military training to Canadian military<br />

and law enforcement <strong>of</strong>ficials between 2006 and 2008; by providing technical data related to the<br />

construction <strong>of</strong> armored personnel carriers to individuals from Sweden and Denmark between<br />

2006 and 2008; and by exporting ammunition and body armor to Iraq and Afghanistan between<br />

16

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