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David Levick Indicted for Criminal Export Violations
March 2, 2012
On Wednesday, the United States Attorneys Office for the District of Columbia (USAO)indicted David Levick, an Australian, charging him with violations for the federalconspiracy statute, the International Emergency Economic Powers Act (IEEPA), and the Arms Control Export Act (ACEA), for allegedly exporting U.S. origin goods to Iran.The goods in question were seemingly all for use on aircraft and helicopters andincluded gyroscopes, transducers, lights, and emergency flotation system kits. Accordingto the U.S. government, Mr. Levick is accused of placing orders for Iranian buyers forthese goods. Due to the sanctions and export controls, the buyers could not directly buy these products from the U.S. Furthermore, the government alleges that those involvedin the conspiracy, including Mr. Levick, would structure the transactions and paymentsin an effort to avoid restrictions on engaging in financial transactions with Iran. None of this activity was carried out pursuant to licenses from either the United StatesDepartment of the Treasury Office of Foreign Assets Control (OFAC) or from the UnitedStates Department of State Directorate of Defense Trade Controls (DDTC).To effectuate the purchases, it is alleged that Levick and his company ICM Componentsused a broker in Florida to purchase the parts on their behalf. That broker has not beenindicted as part of this conspiracy, or at least if they have been indicted, that matter isstill under seal. Among the allegations made are that Levick sent emails to a co-conspirator referred to as Iranian A in which he acknowledged that the activity beingengaged in was in violation of the law and he could face jail time if caught. Furthermore,theindictmentalleges that once federal authorities began their investigation andcontacted the Florida broker, who ceased shipment of the products, that Iranian A requested the broker's contact information and demanded either a shipment of thearticles or a refund. Iranian A has been identified by Australian news sources as Hossein Ali Khoshnevisrad, the owner of Ariasa AG. Mr. Khoshnevisrad was previously charged with sanctions violations by the U.S. in 2009. Both Mr. Levick and Mr. Khoshnevisradare at-large and the U.S. has said that their whereabouts remain unknown, however, atleast in the case of Mr. Levick his location is known to Australian news sources whofound him at his office. Mr. Levick even allowed for a video interview with Australianmedia sources stating that he is not hiding and he is living openly in Sydney.The first step in this case will circle around the United States attempts to extradite Mr.Levick from Australia. The U.S. and Australia have an extradition treaty in place, but itonly calls for extradition for certain types of crimes, none of which, Mr. Levick has beencharged with. That said, there are some exceptions to the rule which Mr. Levick couldpotentially be extradited for. Ultimately, it will be up to Australia to determine whetheror not the requirements of the treaty are met.