“Taiwanese Father and Son Arrested for Allegedly Violating U.S. Laws to Prevent Proliferation of Weapons of Mass Destruction”

May 7, 2013

The Federal Bureau of Investigation (FBI) on May 6, 2013 released the following:

“CHICAGO— A resident of Taiwan whom the U.S. government has linked to the supply of weapons machinery to North Korea, and his son, who resides in suburban Chicago, are facing federal charges here for allegedly conspiring to violate U.S. laws designed to thwart the proliferation of weapons of mass destruction, federal law enforcement officials announced today.

Hsien Tai Tsai, also known as “Alex Tsai,” who is believed to reside in Taiwan, was arrested last Wednesday in Tallinn, Estonia, while his son, Yueh-Hsun Tsai, also known as “Gary Tsai,” who is from Taiwan and is a legal permanent resident in the United States, was arrested the same day at his home in Glenview, Illinios.

Gary Tsai, 36, was ordered held in custody pending a detention hearing at 1:30 p.m. today before Magistrate Judge Susan Cox in U.S. District Court in Chicago. Alex Tsai, 67, remains in custody in Estonia pending proceedings to extradite him to the United States.

Both men were charged in federal court in Chicago with three identical offenses in separate complaints that were filed previously and unsealed following their arrests. Each was charged with one count of conspiring to defraud the United States in its enforcement of laws and regulations prohibiting the proliferation of weapons of mass destruction, one count of conspiracy to violate the International Emergency Economic Powers Act (IEEPA) by conspiring to evade the restrictions imposed on Alex Tsai and two of his companies by the U.S. Treasury Department, and one count of money laundering.

The arrests and charges were announced by Gary S. Shapiro, U.S. Attorney for the Northern District of Illinois; Cory B. Nelson, Special Agent in Charge of the Chicago Office of the FBI; Gary Hartwig, Special Agent in Charge of Homeland Security Investigations in Chicago; and Ronald B. Orzel, Special Agent in Charge of the U.S. Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement, Chicago Field Office. The Justice Department’s National Security Division and Office of International Affairs assisted with the investigation. U.S. officials thanked the Estonian Internal Security Service and the Estonian Prosecutor’s Office for their cooperation.

According to both complaint affidavits, agents have been investigating Alex and Gary Tsai, as well as Individual A (a Taiwanese associate of Alex Tsai) and a network of companies engaged in the export of U.S. origin goods and machinery that could be used to produce weapons of mass destruction. The investigation has revealed that Alex and Gary Tsai and Individual A are associated with at least three companies based in Taiwan—Global Interface Company Inc., Trans Merits Co. Ltd., and Trans Multi Mechanics Co. Ltd.—that have purchased and then exported, and attempted to purchase and then export, from the United States machinery used to fabricate metals and other materials with a high degree of precision.

On January 16, 2009, under Executive Order 13382, which sanctions proliferators of weapons of mass destruction and their supporters, the Treasury Department’s Office of Foreign Assets Control (OFAC) designated Alex Tsai, Global Interface, and Trans Merits as proliferators of weapons of mass destruction, isolating them from the U.S. financial and commercial systems and prohibiting any person or company in the United States from knowingly engaging in any transaction or dealing with Alex Tsai and the two Taiwanese companies.

In announcing the January 2009 OFAC order, the Treasury Department said that Alex Tsai was designated for providing, or attempting to provide, financial, technological, or other support for, or goods or services in support of the Korea Mining Development Trading Corporation (KOMID), which was designated as a proliferator by President George W. Bush in June 2005. The Treasury Department asserted that Alex Tsai “has been supplying goods with weapons production capabilities to KOMID and its subordinates since the late 1990s, and he has been involved in shipping items to North Korea that could be used to support North Korea’s advanced weapons program.” The Treasury Department further said that Global Interface was designated “for being owned or controlled by Tsai,” who is a shareholder of the company and acts as its president. Tsai is also the general manager of Trans Merits Co. Ltd., which was designated for being a subsidiary owned or controlled by Global Interface Company Inc.

After the OFAC designations, Alex and Gary Tsai and Individual A allegedly continued to conduct business together but attempted to hide Alex Tsai’s and Trans Merit’s involvement in those transactions by conducting business under different company names, including Trans Multi Mechanics. For example, by August 2009—approximately eight months after the OFAC designations—Alex and Gary Tsai, Individual A, and others allegedly began using Trans Multi Mechanics to purchase and export machinery on behalf of Trans Merits and Alex Tsai. Specifically, the charges allege that in September 2009, they purchased a Bryant center hole grinder from a U.S. company based in suburban Chicago and exported it to Taiwan using the company Trans Multi Mechanics. A Bryant center hole grinder is a machine tool used to grind a center hole, with precisely smooth sides, through the length of a material.

The charges further allege that by at least September 2009, Gary Tsai had formed a machine tool company named Factory Direct Machine Tools in Glenview, Illinois, which was in the business of importing and exporting machine tools, parts, and other items to and from the United States. However, the charges allege that Alex Tsai and Trans Merits were active partners in Factory Direct Machine Tools, in some instances procuring the goods for import to the United States for Factory Direct Machine Tool customers.

Violating IEEPA carries a maximum penalty of 20 years in prison and a $1 million fine; money laundering carries a maximum penalty of 20 years in prison and a $500,000 fine; and conspiracy to defraud the United States carries a maximum penalty of five years in prison and a $250,000 fine. If convicted, the court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines. The government is being represented by Assistant U.S. Attorneys Patrick Pope and Brian Hayes.

The public is reminded that a complaint is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving 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

Federal Mail Fraud Crimes

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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.


North Hollywood Man Arrested After Being Indicted Under New Legislation Making it a Crime to Point a Laser at an Aircraft

April 19, 2012

The Federal Bureau of Investigation (FBI) on April 18, 2012 released the following:

“LOS ANGELES— A North Hollywood man was taken into custody this morning after being charged in a federal indictment that alleges he pointed the beam of a laser at multiple aircraft, announced Steven Martinez, Assistant Director in Charge of the FBI’s Los Angeles Field Office; and André Birotte, Jr., the United States Attorney in Los Angeles.

Adam Gardenhire,18, was arrested this morning at his North Hollywood residence without incident. Gardenhire was named in a two-count indictment filed yesterday in United States District Court in Los Angeles that alleges he pointed the beam of a laser at a private plane and a police helicopter.

The federal statute used to charge Gardenhire is part of new legislation recently signed into law by President Obama that makes it a federal crime to deliberately point a laser at an aircraft. The indictment marks the second time a violation of the new statute has been charged in the United States, and the first time one has been charged on the West Coast.

According to the indictment, Gardenhire deliberately aimed a commercial-grade green laser at multiple aircraft on the evening of March 29, 2012. The laser attack was initially reported by a pilot operating a privately owned Cessna Citation. The indictment further alleges that the beam of Gardenhire’s laser was pointed at a helicopter operated by a pilot with the Pasadena Police Department who was responding to the report of the laser attack on the Cessna. Air and ground investigators with the Los Angeles Police Department and the Pasadena Police Department identified Gardenhire as a suspect later that evening, and Gardenhire was taken into custody on state charges of pointing a laser at an aircraft. Gardenhire subsequently posted bail and was released from local custody while the joint investigation continued.

Reports of laser attacks have increased dramatically in recent years as laser devices have become more affordable and widely available to the public. In addition, technology has advanced the effectiveness of laser devices, with a resulting increase in the potential safety hazards for pilots operating aircraft and their passengers and crew. Such safety hazards include temporary distraction and impaired vision, which is particularly dangerous during the critical takeoff or landing phase of flight. In addition, pilots have reported the need to abort landings or relinquish control of the aircraft to another pilot as a result of laser attacks. California consistently leads the nation in reports of laser attacks. Over 3,500 laser attacks were reported in 2011.

Gardenhire is scheduled to make an initial appearance before a federal magistrate judge this afternoon in federal court in downtown Los Angeles.

If convicted of both charges in the indictment, Gardenhire faces a statutory maximum penalty of 10 years in federal prison. Gardenhire is also subject to civil penalties by the Federal Aviation Administration.

This investigation was conducted by the Los Angeles Police Department, the Pasadena Police Department, the Burbank Police Department, the Federal Aviation Administration, and the FBI.

Gardenhire is being prosecuted by the United States Attorney’s Office in the Central District of California. An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty.”

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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

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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 and OFAC SDN Sanctions Removal.

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.


Enron’s Skilling Rejected by Top U.S. Court on Conviction

April 16, 2012

Bloomberg on April 16, 2012 released the following:

“By Greg Stohr

The U.S. Supreme Court left intact Jeffrey Skilling’s conviction for leading the Enron Corp. accounting fraud, refusing to grant a second hearing to the imprisoned former chief executive officer.

Today’s rebuff leaves Skilling with nothing to show for his victory at the Supreme Court in 2010, when the justices said prosecutors used an improper legal theory to convict him. A federal appeals court then reaffirmed his 19-count conviction, saying the verdict would have been the same regardless.

Skilling is serving a 24-year sentence in a federal prison in Colorado after he and former Enron Chairman Kenneth Lay were found guilty of deceiving investors about the company’s true financial condition. Lay died in 2006.

The accounting fraud caused Enron, once the world’s largest energy trading company, to file for bankruptcy in 2001, wiping out more than 5,000 jobs and $60 billion in shareholder value.

The 2010 Supreme Court ruling said Skilling couldn’t be convicted under a federal statute outlawing fraudulent schemes to withhold “honest services.” The high court said that law could be used only in cases involving bribery or kickbacks, which weren’t at issue in the Enron case.

The honest-services law had come into play on Skilling’s conviction on one charge of conspiracy. The jury didn’t spell out whether he had conspired to commit honest-services fraud or to commit securities fraud.

In its ruling last year, the New Orleans-based appeals court said there was “overwhelming evidence that Skilling conspired to commit securities fraud.”

Skilling’s sentence might be adjusted because the appeals court concluded in an earlier opinion that the trial judge overseeing the case erred on one issue.

The case is Skilling v. United States, 11-674.”

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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

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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 C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.