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Lin.indictment.ducharme.12317484362 (2)

Lin.indictment.ducharme.12317484362 (2)

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Published by: James King on May 24, 2012
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05/24/2012

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"
"
,
I
<
DSS:SDD'
F.#2012R00567
UNITED STATES
DISTRICT
COURT
EASTERN
DISTRICT
OF
NEW
YORK
UNITED STATES
OF
AMERICA-
against
-ZHIFU
LIN
and
LlLAN
LI,
Defendants.
----X--------------
~X
THE
GRAND
JURY CHARGES:INTRODUCTION
,
F'
M!LEO
!'
1N
CLERK
'S
O;-:r:'"
_
U,~,
DISTRICT
CO'
'''T,·I:
,
~,\
E.O.N.V.
*
APR
162012
*
BROOKLYN
OFFICE
I N D I C T
MEN
T
Cr.
No.I,2-.Q-1/
t!4#J>
(T.
18,
U.S.C.,
§§
371,
922
(a)
(1)
(Ai',
922
(e)
922
(k),
924
(a)
(1)
(B),
924
(a)
(
1)
(D),
924
(d)
,
981(a)
(1)
(c),
2
and
3551
et
seq.;
T.
21,
U.S.C.,
§
853
(p);
T,
22"U.S.C.,
§§
401
(a),
2778
(b) (2)
and
2778(c);
T.
22,
C.F.R.,
Parts
121
and
127;
T.
2~,
U.S.C.,
§
2461
(c»
At
all
times
relevantto
this
Indictment,
unless
otherwise
indicated:
1.
The
export
of defense
related
articles
was
regulated
by
the
Arms
Export
Control
Act,
Title
22,
United
States
Code,
Section
2778
("AECA").
Section
2778(a)
authorized
the
President
of
the
United
States
to
control
the
import
and
exportof
defense
articles
and
to
establish
,a
United
States
M
unitionsList
(th
e"USML"
),
wh
ich
designated
and
definedthe
defense
articles
SUbject
to
these
controls.
Section
2778(b)
required
any
person
engaged
in
the
bus
iness
of
m
anufacturi
ng
or
exporting
any
Case 1:12-cr-00271-ENV Document 1 Filed 04/16/12 Page 1 of 11 PageID #: 1
 
,
defense
articles
to
register
with
the
government.
:
Section
2778(c)
established
criminal
penalties
for
any
vio1:ation
of
Section
2778
or
any
rule
or
regulation
promulgated
thereunder.
2.
The
united
States
Department
of
State
("the
State
Department") implemented
these
statutory
provisions
by
adopting
the
International Traffic
in
Arms
Regulations
("ITAR"),
Title
22,
Code
of
Federal Regulations,
Parts
120
et~.
These
regulationsestablished
the
USML
and
required
an
export
license for
the
export
of
any
items
on
the
list.
3.
Category
I
of the
USML,
Title
22,
Code
of
FederalRegulations,
Part
121,
is
entitled
"Firearms,
Close
Assault
Weapons
and
Combat
Shotguns."
Part
(a)
of
Category
I
addressed
"Nonautomatic
and
semi-automatic
firearms,"
and
part
(g)
related
to
"[b]arrels,
cylinders, receivers
(frames)
or
complete
breech
mechanisms
for
the
articles
in
paragraphs
(a)
through
(d)
of
this
category."
The
USML
deemed
the
defense
items
contemplated
in
Categories
I(a)
and
(g)
to
be
"SignificantMilitary
Equipment."
The
USML
defined
"Significant Military
Equipment"
as
"articles
for
which
special
export
controls
are
warranted
because
of
their
capacityfor
substantial military
utility
or
capability."
22
C.F.R.
Part
120.7.
4.
A
Beretta
9mm
semi-automatic
handgun
constituted
a
fi
,
rearm
within
the
meaning
of
Category
I
(a)
of the
munitions
list.
The
State
Department
has
issued
a
lice
nse
determination
2
Case 1:12-cr-00271-ENV Document 1 Filed 04/16/12 Page 2 of 11 PageID #: 2
 
,
indicating
that
a
Beretta
9mm
semi-automatic
handgun
w
as
a
designated
defense
article,
as
defined
in
Category
I(a)
of
the
USML,
at
the
time
of
the
conductcharged
in
this
Indictment.
Accordingly,
the
shipment
of
this
item
out
of
the
United
States
required theissuance
of
a
license
from
the
State
Department
,
prior
to
export.
COUNTONE
(
Conspiracy
to
Violate
the
AECA)
5.
The
allegations
contained
in
paragraphs
one
through
four
are realleged
and
incorporated
by
reference
as
if
fully
set
forth
in
this
paragraph.
6.
In
or
about
andbetween
October
2010
andAugust
20ll,
both
dates
being
approximate
and
inclusive,
withintheEastern
District
of
New
York
and
elsewhere,
the
defendants
ZHIFU
LIN
and
LILAN
LI,
together
with
others,did
knowinglyand
willfully
conspire
to
export
from
the
United
States to
China
defense
articles,
designated
on
the
USML,
to
wit:firearms
and
firearms
barrels,
including
a
Beretta
9mm
semi-automatic
handgun,
without
first
obtaining the
required
license
or
written
approval
from
the
State
Department,
contrary
to
Title
22,
United
States
Code,
Sections
2778(b)
(2)
and 2778(c)and
Title
22,
Code
of
Federal
Regulations,
Parts
121
and127.7.
It
w
as
part
of
theconspi
rac
y
that
the
defendants
ZHIFU
LIN
and
LILAN
LI,
tog
ether
with
ot
hers,
arranged
for
the
exportof defense
articles
listed
in
Categories
I(a)
and
I(g)
of
3
Case 1:12-cr-00271-ENV Document 1 Filed 04/16/12 Page 3 of 11 PageID #: 3

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