Selling Secrets to China Equals Spying, Jail and Heavy Fines

A Chinese-born US physicist has pleaded guilty to illegally exporting information to China related to NASA space launches. In addition, he pled guilty to offering bribes to Chinese officials to win a contract. The Defendant admitted to assisting China with developing fuel and chemical tanks crucial for launching space vehicles. Such assistance to a foreign government is in breach of U.S. arms export control laws. He admitted he helped China in the design and development of a cryogenic fueling system for space launch vehicles from 2003 to October of 2007.

This was not the first time the defendant committed such violations. He also admitted that he violated the same law in 2003 by exporting to China military technical information from a document about designing and making a liquid hydrogen tank and pumps, valves, filters and instruments.

He faces up to 10 years in prison for each of the export violations and up to five years in prison for violating the foreign corrupt practices law. The Foreign Corrupt Practices Act (FCPA) prohibits corrupt payments to foreign officials for the purpose of obtaining or keeping business. In addition, other statutes such as the mail and wire fraud statutes, 18 U.S.C. § 1341, 1343, and the Travel Act, 18 U.S.C. § 1952, which provides for federal prosecution of violations of state commercial bribery statutes, may also apply to such conduct.

The U.S. Government views the sale, export, and retransfer of defense articles and defense services as an integral part of safeguarding U.S. national security and furthering U.S. foreign policy objectives. The Directorate of Defense Trade Controls (DDTC), in accordance with 22 U.S.C. 2778-2780 of the Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130), is charged with controlling the export and temporary import of defense articles and defense services covered by the United States Munitions List (USML).

If you are being investigated by the Department of Justice, the FBI, the Directorate of Defense Trade Controls or any other law enforcement agency for allegations of illegal exportation of federally protected documents or trade secrets, you need the help of a competent federal criminal defense attorney immediately. Delaying representation will only assist the federal government in building their case against you. The consequences of a conviction for espionage, misappropriating military secrets, violating U.S. trade embargos or the Arms Export Control Act, or engaging in economic or other espionage are severe. You need to protect your interests immediately. Call the federal criminal defense attorneys at Houston & Blanco today.