DOJ Lists Over 100 Major Export, Embargo-Related Cases from 2007-2010

DOJ notes that this list of cases is not exhaustive and only represents select cases.

(These cases resulted from investigations by the U.S. Immigration and Customs Enforcement, the Federal Bureau of Investigation, the Bureau of Industry and Security, the Defense Criminal Investigative Service, and other law enforcement agencies.)

Highlights of Major Export Enforcement Cases 2007-Present

The following are highlights of DOJ's listed U.S. export enforcement prosecutions from 2007 to the present.

$100 million penalty for night vision exports. In March 2007, ITT Corporation, the leading manufacturer of military night vision equipment for the U.S. Armed Forces, agreed to pay a $100 million penalty and admitted to illegally exporting restricted night vision data to China, Singapore, and the United Kingdom, and pleaded guilty to charges that it omitted statements of material fact in required arms exports reports.

As part of the plea agreement, ITT Corporation was required to invest $50 million of the penalty toward the development of the most advanced night vision systems in the world for the U.S. Armed Forces. (The penalty is believed to be one the largest ever in a criminal export control case.)

Trade secrets from Motorola to China. In December 2008, Hanjuan Jin was charged for theft of trade secrets from Motorola to benefit the Chinese military, after quitting Motorola and attempting to fly to China with over 1,000 Motorola documents in her possession, both in hard copy and electronic format.

Computer software to Cuba. In July 2008, Platte River Associates was charged for, among other things, providing specialized technical computer software and computer training, which was then used to create a model for the potential exploration and development of oil and gas within the territorial waters of Cuba, without first having obtained a license.

Highly enriched uranium to foreign government. In June 2009, Roy Lynn Oakley was sentenced to six years in prison for unlawful disclosure of restricted data under the Atomic Energy Act for stealing nuclear materials, known as "barrier" and associated hardware items that play a crucial role in the production of highly enriched uranium, and offering them for sale to the French government. (The French government did not pursue the purchase of these items.)

Sensitive technology to end-user of concern in India. In July 2007, Samuel Shangteh Peng was charged with illegally exporting vibration amplifiers, cable assemblies and vibration processor units in 1999 and 2000 from the U.S. to Hindustan Aeronautics Limited, Engine Division in India, a facility designated as an end-user of concern for proliferation reasons.

Dual-use electronic components to China. In October 2009, three Chinese nationals and two corporations were charged with conspiring, for more than 10 years, to illegally export defense articles and dual-use electronics to end-users in China, including several Chinese military entities. Three defendants were also previously charged in December 2008 with conspiring to file false export documents in connection with U.S.-origin electronics exported to China.

Vacuum pumps to Iran. In January 2010, Jirair Avanessian was held on an indictment for conspiring to export vacuum pumps, which have potential nuclear applications, under false shipping documentation from the U.S. to AVAC, a corporation in the United Arab Emirates, who would then forward the parts to Iran.

(See ITT's Online Archives or 10/30/08 news, 08103025, for BP summary of DOJ's previous posting of select export enforcement prosecutions from October 2006-2008.)

DOJ fact sheet available at http://www.justice.gov/nsd/docs/summary-eaca.pdf