Former Broadcom engineer Peter Kisang Kim was indicted by a federal grand jury for stealing company trade secrets, the U.S. Attorney's Office for the Northern District of California said. Kim, a resident of Ben Lomond, California, worked as a principal design engineer at Broadcom for two years and allegedly stole trade secrets on chips used in high-volume data centers, the U.S. Attorney's office said. The chips were stored in nonpublic document repositories restricted to Broadcom employees. Ten days after leaving the San Jose, California-based company, Kim started working for a China-based startup focusing on chip design and the market for networking chips, the indictment said. Kim allegedly used the Broadcom trade secrets on a newly issued company laptop. Kim is charged with 18 counts of trade secret theft and faces a maximum sentence of 10 years in prison, a $250,000 fine and three years of supervised release for each count.
The Bureau of Industry and Security on Nov. 8 revoked export privileges for four people after they illegally exported a range of military-related items, including weapons parts, ammunition and technical data for defense items. Hersel Lincoln McKenzie was convicted Jan. 8, 2020, after illegally exporting 7.62 x 39 mm ammunition to Mexico, BIS said. McKenzie was sentenced to one year and one day in prison and a $100 fine. BIS denied McKenzie’s export privileges for five years from the date of conviction.
Yanjun Xu, a Chinese national and intelligence officer, was convicted by jury of conspiring and attempting to carry out economic espionage and trade secret theft, the Department of Justice said Nov. 5. Xu served as the deputy division director of the Sixth Bureau of the Jiangsu Province Ministry of State Security, and is the first Chinese intelligence officer to be extradited to the U.S. to stand trial, DOJ said. Xu faces two counts of attempting to commit economic espionage, each of which carries a maximum penalty of 15 years in prison and a $5 million fine, along with one count of conspiracy to commit trade secret theft and two counts of attempted trade secret theft, each of which carries a maximum sentence of 10 years in prison and a $250,000 fine.
Norbert Basengezi Katintima, former vice president of the Democratic Republic of the Congo's National Independent Electoral Commission (CENI), launched a case Nov. 5 at the U.S. District Court for the District of Columbia to challenge his spot on the Specially Designated Nationals and Blocked Persons List. Katintima is challenging the decision made by the Treasury Department's Office of Foreign Assets Control to deny his delisting application. The former CENI official says that the circumstances that contributed to his original listing have changed, necessitating his removal from the list (Norbert Basengezi Katintima v. Bradley Smith, et al., D.D.C. #21-02917).
Obaidullah Syed, a Chicago-based technology executive, pleaded guilty to illegally exporting computer equipment to a nuclear research agency owned by the Pakistani government, the U.S. Attorney's Office for the Northern District of Illinois said. Syed owned Business System International USA, based in Chicago, along with Business System International stationed in Pakistan, both of which produce high-performance computing platforms, servers and software application solutions. From 2006 to 2015, Syed conspired with other BSI employees in Pakistan to violate the International Emergency Economic Powers Act by shipping computer equipment to the Pakistan Atomic Energy Commission without obtaining prior authorization from the Commerce Department, the U.S. Attorney's Office said. The PAEC is a government agency responsible for designing and testing explosives and nuclear weapons parts, and was designated by the U.S. as an entity that could pose a national security threat, the U.S. Attorney's Office said. Syed and his co-conspirators lied to U.S.-based computer manufacturers that his shipments were headed to Pakistani universities or Syed's other businesses, Syed admitted. BSI Pvt. Ltd. was also charged as a corporate defendant.
Multinational conglomerate Honeywell Inc. expects to pay upwards of $160 million to settle investigations by the Department of Justice and Brazilian law enforcement over alleged violations of the Foreign Corrupt Practices Act, the company said in its quarterly report filed on Oct. 22 with the Securities and Exchange Commission. The company said it continues to cooperate with DOJ and the SEC throughout the investigations, including regarding a potential resolution of the allegations. Honeywell said that it recorded a $160 million charge in its Consolidated Statement of Operations, also accruing a liability on its Consolidated Balance Sheet to account for the expected payout.
Peter Sotis of Delray Beach, Florida, and Emilie Voissem of Sunrise, Florida, were convicted of participating in an illegal export scheme to ship rebreather diving equipment to Libya, the Department of Justice said. Rebreathers, which have dual civilian and military applications, are included on the Commerce Control List and require an export license from the Commerce Department's Bureau of Industry and Security. Sotis and Voissem did not acquire this license when they attempted to ship the rebreathers to Libya in 2016, despite being told by a Commerce special agent that a license was required.
Credit Suisse Group AG, a Switzerland-based financial services company, was fined nearly $100 million by the Securities and Exchange Commission for violating the Foreign Corrupt Practices Act, the SEC said this week. The commission said Credit Suisse bribed Mozambique government officials and hid the “underlying corruption” by saying the payments were intended to help Mozambique's tuna fishing industry. The company also had “deficient internal accounting controls,” which failed to address FCPA requirements and “address significant and known risks concerning bribery.” Credit Suisse faces about $475 million in total fines, from U.S. and United Kingdom authorities, including the SEC fine, for a range of other financial violations, including operating a hidden debt scheme and paying kickbacks to now-indicted former Credit Suisse investment bankers and their intermediaries.
Aydan Sin of British Columbia was convicted of violating the Arms Export Control Act for exporting defense articles on the U.S. Munitions List to the United Arab Emirates and Colombia, the U.S. Attorney's Office for the Western District of New York said. Sin, who allegedly conspired with Guy Deland and Charan Singh, will serve 46 months in prison. Singh began communicating with an undercover law enforcement agent in 2016 to ask about whether the undercover agent could export firearms from the U.S. to Dubai. The agent advised Sin, Deland and Singh that a license was required from the State Department, establishing that the trio knew about the regulations, the U.S. Attorney's Office said. Acknowledging the illegality of the shipments, Sin, Deland and Singh then gave the agent an encrypted BlackBerry device to establish secure communications and wired the agent around $70,000 from Canada to the U.S. as a down payment for the guns. The agent sent Sin and Deland two invoices -- one for a shipment to Dubai and one for a shipment to Colombia. Money for the shipments was wired to a bank account in New York. Charges remain pending against Deland and Singh, the U.S. Attorney's Office said.
Oleg Nikitin, Russian national and owner of St. Petersburg-based energy company KS Engineering, was sentenced to federal prison for scheming to evade U.S. sanctions, the U.S. Attorney's Office for the Southern District of Georgia said. Nikitin was sentenced to 28 months in prison after pleading guilty to conspiring to violate the International Emergency Economic Powers Act, the Export Control Reform Act and the Export Administration Regulations. Nikitin was also ordered to pay a $5,000 fine and is subject to deportation when his sentence ends. KSE, along with Italian company GVA International Oil and Gas Services, will serve five years' probation, the U.S. Attorney's Office said.