Major Export Enforcement Cases - Directorate of Defense Trade ...
Major Export Enforcement Cases - Directorate of Defense Trade ...
Major Export Enforcement Cases - Directorate of Defense Trade ...
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Firearms to Haiti – On June 5, 2012, Jean Gordy Gedeon, a national <strong>of</strong> Haiti, pleaded guilty in<br />
the Middle District <strong>of</strong> Florida to smuggling firearms in connection with his efforts to send<br />
firearms to Haiti. Gedeon arranged with an undercover agent to purchase eleven firearms that he<br />
said he intended to smuggle to Haiti. He was arrested on May 30, 2012 after paying $1,100 to the<br />
undercover agent for four pistols and a machine gun. The case was investigated by ATF.<br />
Pressure Transducers with Nuclear Applications to China and Elsewhere -- On May 22, 2012,<br />
Qiang Hu, aka Johnson Hu, 47, a Chinese national and resident <strong>of</strong> Shanghai was arrested after he<br />
arrived in Massachusetts for a business meeting. He had been charged in a May 18, 2012<br />
criminal complaint in the District <strong>of</strong> Massachusetts with conspiracy to illegally export from the<br />
United States to China and elsewhere dual-use pressure transducers in violation <strong>of</strong> the<br />
International Emergency Economic Powers Act (IEEPA). The complaint was unsealed after his<br />
arrest. The pressure transducers in question, manufactured by MKS Instruments headquartered in<br />
Andover, Mass., are controlled for export by the Commerce Department because they can be used<br />
in gas centrifuges to enrich uranium and produce weapons-grade uranium, according to the<br />
complaint. Specifically, they can be used to measure gas pressure <strong>of</strong> uranium hexafluoride in<br />
centrifuge cascades. According to the complaint, Hu worked as a sales manager for a subsidiary<br />
<strong>of</strong> MKS Instruments in Shanghai, where he has been employed since 2008. Hu and his coconspirators<br />
allegedly caused thousands <strong>of</strong> MKS export-controlled pressure transducers, worth<br />
more than $6.5 million, to be illegally exported from the United States to unauthorized end-users<br />
in China and elsewhere using export licenses fraudulently obtained from the Department <strong>of</strong><br />
Commerce. The complaint alleges that Hu and his co-conspirators used two primary means <strong>of</strong><br />
deception to export the pressure transducers. First, the conspirators used licenses issued to<br />
legitimate MKS business customers to export the pressure transducers to China, and then caused<br />
the parts to be delivered to other end-users who were not themselves named on the export licenses<br />
or authorized to receive the parts. Second, the conspirators obtained export licenses in the name<br />
<strong>of</strong> a front company and then used these fraudulently obtained licenses to export the parts to<br />
China, where they were delivered to the actual end-users. MKS is not a target <strong>of</strong> the federal<br />
investigation into these matters. This investigation was conducted by FBI, ICE, and BIS.<br />
Aircraft Components and Other Materials to Iran – On May 15, 2012, Ulrich Davis, a former<br />
manager <strong>of</strong> a Netherlands-based freight forwarding company, was sentenced in the District <strong>of</strong><br />
New Jersey to six months in prison after pleading guilty on Feb. 6, 2012 to conspiracy to defraud<br />
the United States by facilitating the illegal export <strong>of</strong> goods to Iran. Davis was first arrested on<br />
Aug. 6, 2011. In October 2007, the Commerce Department issued a Temporary Denial Order<br />
(TDO) denying export privileges to the company <strong>of</strong> a co-conspirator <strong>of</strong> Davis. The TDO<br />
prohibited any person, including Davis, from directly or indirectly exporting or re-exporting to or<br />
on behalf <strong>of</strong> the co-conspirator. The co-conspirator located in another country, purchased U.S.<br />
origin goods from a New Jersey firm for businesses and governmental agencies <strong>of</strong> Iran. The New<br />
Jersey firm was in the business <strong>of</strong> reselling chemicals, lubricants, sealants and other products<br />
used in the aircraft industry. As part <strong>of</strong> the conspiracy, Davis and his coconspirator directed a<br />
New York freight forwarding company to arrange for a trucking company to pick up commodities<br />
from the New Jersey company and transport them to New York on behalf <strong>of</strong> the coconspirator’s<br />
company. Davis admitted that in November 2007, he completed an air waybill that represented<br />
certain acrylic adhesives and spray paint coatings obtained from a New Jersey company were to<br />
be forwarded on behalf <strong>of</strong> the co-conspirator’s company to Iran after issuance <strong>of</strong> the TDO. Davis<br />
acknowledged that at no time was any relief, exception, or other authorization sought from the<br />
TDO. The investigation was conducted by BIS, ICE, and DCIS.<br />
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