Here is a story from last month explaining a way to send 75% junk. Add a couple of restricted military high performance radar devices.
I don't know this guy and don't know if he was involved in scrap, but one way of shipping guns and drugs and illegally copied rock and roll CDs is to bury them under scrap. It doesn't necessarily have to be "e-scrap", and the crime is unrelated to "ewaste" exports, but this method would pay for a lot of really bad material to go a long distance.
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Several Chinese military entities were among those receiving the exported equipment.The jury also convicted a Waltham, Massachusetts corporation, owned by one of the defendants, which procured the equipment from U.S. suppliers and then exported the goods to China, through Hong Kong. The exported equipment is used in electronic warfare, military radar, fire control, military guidance and control equipment, and satellite communications, including global positioning systems.
ZHEN ZHOU WU a/k/a Alex Wu, YUFENG WEI a/k/a Annie Wei, and CHITRON ELECTRONICS, INC. (“CHITRON-US”), were convicted of unlawfully exporting defense articles and Commerce controlled goods to China on numerous occasions between 2004 and 2007 and conspiring to violate U.S. export laws over a period of ten years. Wu and Wei were also both convicted of filing false shipping documents with the U.S. Department of Commerce. In addition, Wei was convicted of immigration fraud for presenting a U.S. Permanent Resident Card, which she knew had been procured by making false and fraudulent statements to immigration officials, to enter the country.
“For more than 10 years, this corporation and these defendants conspired to procure U.S. military products and other controlled electronic components for use in mainland China – for military radar, military satellite communications, and military guidance systems,” said U.S. Attorney Carmen Ortiz. “In doing so, these defendants violated U.S. export laws and compromised our national security. The result in this case was achieved through the exemplary investigative efforts of dedicated agents and prosecutors working with various law enforcement and other government agencies.”
“Today’s convictions demonstrate the importance of safeguarding America’s sensitive technology against illicit foreign procurement efforts. They also serve as a warning to those who seek to covertly obtain technological materials from the U.S. in order to advance military systems of their own. I applaud the many agents, analysts and prosecutors who helped bring about this successful outcome,” said David Kris, Assistant Attorney General for National Security.
Evidence presented at trial proved that the defendants illegally exported military electronic components, which are designated on the U.S. Munitions List, to mainland China, through Hong Kong, between April 2004 and June 2006. The defense articles the defendants illegally exported are primarily used in military phased array radar, electronic warfare, military guidance systems, and military satellite communications. Since 1990 the U.S. government has maintained an arms embargo against China that prohibits the export, re-export, or re-transfer of any defense article to China.
The defendants also illegally exported Commerce controlled electronics components to China that could be used in military applications in electronic warfare, military radar, satellite communications systems and space applications. These items could make a direct and significant contribution to weapons systems and war-fighting capabilities of U.S. adversaries, and cannot be exported to China without an export license from the U.S. Department of Commerce.
Wu founded and controlled CHITRON, including its headquarters in Shenzhen, China and its U.S. office located in Waltham, Massachusetts. While WU resided in China, WEI served as the manager of the U.S. office. Using CHITRON, Wu targeted Chinese military factories and military research institutes as customers of CHITRON, including numerous institutes of the China Electronics Technology Group Corporation (“CETC”), which is responsible for the procurement, development, and manufacture of electronics for the Chinese military. Indeed, Wu referred to Chinese military entities as CHITRON’s major customer since as early as 2002. WU hired an engineer at CHITRON’s Shenzhen office to work with Chinese military customers. By 2007, 25% of CHITRON’s sales were to Chinese military entities.
Correspondence between Wu, Wei and other CHITRON employees showed knowledge that U.S. export restricted parts were being shipped overseas to Chinese customers without having first obtained an export license. Wu instructed Wei and employees of CHITRON-US on numerous occasions to never tell U.S. companies that parts were going overseas. At Wu and Wei’s direction, U.S. companies were told to ship all ordered products to the CHITRON-US office located in Waltham, Massachusetts.
Upon receipt by CHITRON-US of the ordered products, the U.S. commodities were inspected by CHITRON-US employees and consolidated into packages, which were then exported to CHITRON’s Shenzhen office (located in Mainland China) using freight forwarders in Hong Kong, without the required export licenses from the Department of State and Department of Commerce.
“Today’s convictions represent an outstanding collaborative investigation and prosecution to bring to justice those who flout our export control laws and endanger our national security,” said John McKenna, Special Agent in Charge of the Commerce Department’s Boston Office of Export Enforcement. “Preventing dangerous U.S.-origin items from falling into the wrong hands is one of our top priorities at the Commerce Department,” he said.
“Today’s verdicts underscore the importance of ICE’s global investigative efforts aimed at disrupting and dismantling criminal organizations that profit from the illegal exportation of sensitive U.S. technology that threatens our national security,” said Matthew J. Etre, Acting Special Agent in Charge of ICE’s Office of Investigations in Boston.
Wu and Wei both face up to 20 years imprisonment to be followed by three years supervised release and a $1 million fine. After serving their sentence, both will face deportation to China.
CHITRON-US face up to a $1 million fine for each count in the Indictment charging the company with illegal export of U.S. Munitions List items and $500,000 for each count in the Indictment charging them with illegal export of Commerce controlled electronics. Sentencing is scheduled for August 17, 2010.