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

DuPont Trade Secrets to China – On March 2, 2012, former DuPont scientist Tze Chao pleaded
guilty in the Northern District of California to conspiracy to commit economic espionage,
admitting that he provided trade secrets concerning DuPont’s proprietary titanium dioxide
manufacturing process to companies he knew were controlled by the government of the People’s
Republic of China (PRC). On Feb. 7, 2012, a grand jury in San Francisco returned a superseding
indictment charging Chao and four other individuals, as well as five companies, with economic
espionage and theft of trade secrets for their roles in a long-running effort to obtain U.S. trade
secrets from DuPont for the benefit of companies controlled by the PRC. The five individuals
named in the indictment were Walter Liew, his wife Christina Liew, Hou Shengdong, Robert
Maegerle, and Tze Chao. The five companies named as defendants are Pangang Group Company
Ltd; Pangang Group Steel Vanadium Industry Company Ltd; Pangang Group Titanium Industry
Company Ltd., Pangang Group International Economic & Trading Co; and USA Performance
Technology, Inc. According to the superseding indictment, the PRC government identified as a
priority the development of chloride-route titanium dioxide (TiO2) production capabilities. TiO2
is a commercially valuable white pigment with numerous uses, including coloring paint, plastics
and paper. To achieve that goal, companies controlled by the PRC government, specifically the
Pangang Group companies named in the indictment, and employees of those companies
conspired and attempted to illegally obtain TiO2 technology that had been developed over many
years of research and development by DuPont. The Pangang Group companies were aided in
their efforts by individuals in the United States who had obtained TiO2 trade secrets and were
willing to sell those secrets for significant sums of money. Defendants Walter Liew, Christina
Liew, Robert Maegerle and Tze Chao allegedly obtained and possessed TiO2 trade secrets
belonging to DuPont. Each of these individuals allegedly sold information containing DuPont
TiO2 trade secrets to the Pangang Group companies for the purpose of helping those companies
develop large-scale chloride route TiO2 production capability in the PRC, including a planned
100,000 ton TiO2 factory at Chongqing, PRC. The Liews, USAPTI, and one of its predecessor
companies, Performance Group, entered into contracts worth in excess of $20 million to convey
TiO2 trade secret technology to Pangang Group companies. The Liews allegedly received
millions of dollars of proceeds from these contracts. The proceeds were wired through the United
States, Singapore and ultimately back into several bank accounts in the PRC in the names of
relatives of Christina Liew. The object of the defendants’ conspiracy was to convey DuPont’s
secret chloride-route technology to the PRC companies for the purpose of building modern TiO2
production facilities in the PRC without investing in time-consuming and expensive research and
development. DuPont invented the chloride-route process for manufacturing TiO2 in the late-
1940s and since then has invested heavily in research and development to improve that
production process. The global titanium dioxide market has been valued at roughly $12 billion,
and DuPont has the largest share of that market. This investigation was conducted by the FBI.
Military Gyroscopes and Other Technology to Iran – On Feb. 29, 2012, a federal grand jury in
the District of Columbia returned an indictment charging David Levick, an Australian national,
and his company, ICM Components Inc., located in Thorleigh, Australia, with conspiring to
export sensitive military and other technology from the United States to Iran, including
components with applications in missiles, drones, torpedoes and helicopters. The indictment
charged Levick and ICM each with one count of conspiracy to defraud the United States and to
violate the International Emergency Economic Powers Act (IEEPA) and the Arms Export Control
Act; as well as four counts of illegally exporting goods to an embargoed nation in violation of
IEEPA; and forfeiture of at least $199,227.41. Levick and ICM allegedly solicited orders from an
Iranian representative of a trading company in Iran. Levick and ICM then placed orders with
U.S. companies on behalf of the Iranian representative for U.S. aircraft parts and other goods.
Among the items they allegedly sought to procure from the United States were military-grade
VG-34 Series Miniature Vertical Gyroscopes – which are used in applications such as helicopter
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