The U.S. government seized an oil tanker for delivering petroleum products to North Korea in violation of U.S. sanctions and charged a Singaporean national with conspiracy to evade sanctions, the U.S. Attorney's Office for the Southern District of New York said in an April 23 news release. Kwek Kee Seng of Singapore and the ship, the M/T Courageous, allegedly brought oil to North Korea via ship-to-ship transfers with North Korean ships and direct shipments to the North Korean port of Nampo. The transfers allegedly took place August-December 2019 when the ship stopped transmitting its location. DOJ said satellite imagery revealed the Courageous engaging in the ship-to-ship transfers of more than $1.5 million worth of oil to an OFAC-designated North Korean ship.
Chemist Xiaorong You was convicted by a federal jury in Greeneville, Tennessee, for conspiracy to commit trade secret theft, possession of stolen trade secrets, economic espionage and wire fraud, the Department of Justice announced in an April 22 press release. You, also known as Shannon You, was the principal engineer for global research at the Coca-Cola Co. and an employee at Eastman Chemical Co., where she became aware of trade secrets belonging major chemical and coating companies. The secrets were related to formulas for bisphenol-A-free coatings for the inside of beverage cans and cost around $120 million to develop. A Lansing, Michigan, resident, You stole the trade secrets to establish a new BPA-free coating company in China, receiving millions of dollars of support from the Chinese government, DOJ said.
A Philadelphia man pleaded guilty to conspiracy to violate the Arms Export Control Act for attempting to smuggle more than $200,000 worth of firearms out of the U.S., the Department of Justice announced in an April 20 news release. Samet Doyduk agreed to ship firearms parts from the U.S. to Turkey and Georgia in violation of EPA, which prohibits the export of defense articles without first obtaining a license from the State Department. The firearms parts Doyduk attempted to ship include upper receivers, barrels and magazines for different types of Glock handguns in calibers of 9 mm, .40 caliber and .357 caliber.
The U.S. Court of Appeals for the 9th Circuit vacated the sentencing of a Jordanian-born U.S. citizen for illicit arms dealings in guided surface-to-air missiles due to a venue error, in an April 12 opinion. Finding that the District Court for the Central District of California was not the proper court to challenge Rami Ghanem for the alleged conspiracy to deal the missiles, the 9th Circuit vacated the sentencing and remanded the case. Ghanem was first arrested in Greece, then extradited to New York, making the Eastern District of New York the proper home for the case, the 9th Circuit said.
Hospital researcher Yu Zhou was sentenced to 33 months in prison for conspiring to steal trade secrets and sell them to China, according to an April 20 press release from the Department of Justice. Zhou pleaded guilty in December 2020 to stealing trade secrets from Nationwide Children's Hospital's Research Institute along with his wife Li Chen, who was sentenced in February. Zhou also conspired to commit wire fraud. The five trade secrets Zhou and his wife conspired to steal concerned the research, identification and treatment of pediatric medical conditions.
The Bureau of Industry and Security fined a Maryland company and its owner $42,000 for illegally exporting crime control items, BIS said in an April 15 order. The agency said Panther Trading Company (PTC) of Landsdowne and its owner, Harsimran Singh, illegally exported $11,000 worth of crime control equipment to Mexico, $22,000 worth of goods to the Dominican Republic and helped a Nigerian buyer buy $12,343 worth of goods.
A lawyer for Turkish government-owned bank Halkbank made the case to the U.S. Court of Appeals for the 2nd Circuit that it is immune from prosecution due to protections under the Foreign Sovereign Immunity Act, in an April 12 oral argument. Simon Latcovich of Williams & Connolly asserted that the government had no jurisdiction over the bank since the bank is owned by the Turkish government and that the FSIA does not extend jurisdiction over sovereign states for criminal cases. Latcovich also claimed that even if the FSIA allowed for this jurisdiction, Halkbank would still be exempt from prosecution under common law. His argument follows that if the courts were to find that immunity for sovereign states was not extended to criminal cases under the FSIA, this would erode the congressional mandate of the act without a word from the body itself.
Export compliance costs and awareness will likely rise for aircraft transactions due to increased compliance by aircraft sellers following the seizure of 12 aircraft on export violation charges, Vedder Price's David Hernandez said. In an April 5 report, Hernandez looked at the impacts of the indictments of eight individuals charged with drug trafficking and export violation conspiracies, including the owner of Aircraft Guaranty Corporation (see 2103010028). The indictments arose from a series of investigations into the customs export practices of U.S.-based trust companies serving as trustees in aircraft ownership trusts with non-U.S. citizens, called Non-Citizen Trusts.
The president of a Long Island, New York-based cosmetics company, Michael Rose, was arrested for allegedly selling more than $350,000 in cosmetic goods to an Iranian importer in violation of U.S. sanctions on the Middle Eastern nation, the U.S. Attorney's Office for the Southern District of New York announced in an April 6 news release. Between 2015 and 2018, Rose, of Ridgefield, Connecticut, allegedly exported the goods to an Iranian importer to fulfill a contract the two parties signed, making the importer the sole distributor of Rose's cosmetics in Iran. The goods skirted U.S. sanctions via front companies that had Rose sending his cosmetics to the United Arab Emirates. Rose also allegedly filed false and misleading information on Commerce Department Shipper's Export Declaration forms, declaring that the “ultimate consignee” for the goods was the UAE and not Iran.
Judge Mark Barnett has taken over as the chief judge of the U.S. Court of International Trade, following Judge Timothy Stanceu's assumption of senior status April 5 (see 2103160061), according to the court's website. Barnett joined the court in 2013 as a President Barack Obama appointee. He previously practiced in the international trade group at Steptoe & Johnson and served in the Office of Chief Counsel for Import Administration at the Commerce Department. He was the longest tenured judge at CIT at the time of Stanceu's move to senior status.