Accused Military Tech Exporter Pleads Not Guilty in N.Y.

October 22, 2012

Bloomberg Businessweek on October 22, 2012 released the following:

“By Christie Smythe

Alexander Fishenko, owner of Houston-based Arc Electronics Inc., pleaded not guilty in a Brooklyn, New York, federal court to illegally exporting microelectronics to Russian military and intelligence agencies.

Fishenko, a U.S. citizen formerly of Kazakhstan, appeared today before U.S. District Judge Sterling Johnson. He’s accused in a 25-count indictment of violating the International Emergency Economic Powers Act and the Arms Export Control Act, obstructing justice and operating as an unregistered agent of the Russian government.

Arc shipped at least $50 million worth of technology goods to Russia without an export license, the government alleged. Ten other individuals, most of whom were employees of either Arc or a Moscow-based procurement firm Apex System LLC, were charged in the indictment, which was unsealed on Oct. 3.

The computer chips supplied by Arc appear similar to those used in missiles and fighter jets, the government said in court papers. One of the end users of the electronics was the Federal Security Service, successor to the KGB spy agency, according to the filings.

A lawyer for Fishenko, Richard Rosenberg, who was appointed by the court today, said in a phone interview after the hearing that he wasn’t sure whether his client will seek bail. He declined to comment further.

The case is U.S. v. Fishenko, 1:12-cr-626, U.S. District Court, Eastern District of New York (Brooklyn).”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Company and Three Individuals Indicted in Ohio for Allegedly Illegally Exporting Military Technology to South Korea

December 21, 2011

The Federal Bureau of Investigation (FBI) on December 20, 2011 released the following:

“CLEVELAND— A federal grand jury sitting in Cleveland has returned an indictment charging EO System Company Ltd., Seok Hwan Lee, Tae Young Kim and Won Seung Lee with five counts of knowingly and willfully exporting; causing to be exported; and aiding and abetting the export of defense articles on the U.S. Munitions List without first obtaining an export license or written authorization from the U.S. Department of State.

The indictment was announced by Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI Cleveland Field Office.

EO System Company Ltd. is a corporation located in Inchon, Republic of Korea (South Korea), while Lee, Kim and Lee are citizens and residents of South Korea.

“These defendants are charged with violating important regulations designed to protect national security,” said U.S. Attorney Dettelbach.

“The FBI and Department of Justice are committed to the protection of U.S. defense technology, particularly that which is governed by the International Traffic in Arms Regulations,” said FBI Special Agent in Charge Anthony.

The indictment charges that on or about Nov. 4, 2005, the defendants knowingly exported, caused to be exported, and aided and abetted the export from the United States to South Korea of five DRS PN: 42-15-050-003, E3500 system 25.7 mm F/1.0 Telescopes, also described as Infra Red Focal Plane Array detectors and Infra Red camera engines, which were designated as defense articles on the U.S. Munitions List.

The indictment charges that the defendants did so without first obtaining an export license or written authorization for such export from the U.S. Department of State.

If convicted, the defendants’ sentences will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendants’ role(s) in the offense, and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

In a related case, Kue Sang Chun, 67, of Avon Lake, Ohio, pleaded guilty on Jan. 20, 2011 to one count of exporting defense articles on the U.S. Munitions List without first obtaining an export license of written authorization from the State Department, and one count of knowingly making and subscribing a false U.S. individual income tax return.

He was sentenced in November 2011 to 14 months in prison.

This case is being prosecuted by Assistant U.S. Attorneys Robert W. Kern and Justin E. Herdman of the Cleveland U.S. Attorney’s Office, following an investigation by the Cleveland Offices of the FBI.

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

————————————————————–

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.