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EMN:SDD
F. #2012R01387
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
- - - -X
r#
FILED
IN CLERK'S OFFICE
U.S. DISTRICT COURT E.D.N.Y
* OCT 1 8 2012 *
BROOKLYN OFFICE
UNITED STATES OF AMERICA
e
li D I C T M E N T
0
1.2- 666
- against -
MING SUAN ZHANG,
Defendant.
THE GRAND JURY CHARGES:
(T. 18, U.S.C., 2,
981 (a) (1) (C) and 3SS1 et
~ . ; T. SO, U.S.C.,
1702, 170S(a) and
170S(c); T. 28, U.S.C.,
----X 2461(c); T. 21,
U.S.C., 8S3(p); T. 1S,
C.F.R., 764.21 .
. coG"N, J.
INTRODUCTION
At all times relevant to this
1. The export of so-called "commerce controlled"
items was regulated by the United States Department of Commerce
("DOC"). Under the International Emergency Economic Powers Act
("IEEPA"), SO U.S.C. 1701 et seq., the President of the United
States was granted the authority to deal with unusual and
extraordinary threats to the national security, foreign policy,
and economy of the United States. Under IEEPA, the President
could declare a national emergency through Executive Orders that
had the full force and effect of law.
2. On August 17, 2001, under the authority of IEEPA,
the President issued Executive Order 13222, which declared a
national emergency with respect to the unrestricted access of
Case 1:12-cr-00666-NGG Document 9 Filed 10/18/12 Page 1 of 7 PageID #: 34
foreign parties to United States goods and technologies and
extended the Export Administration Regulations (the "EAR"), 15
C.F.R. 730-774. Through the EAR, the DOC imposed license or
other requirements before an item subject to the EAR could be
lawfully exported from the United States or lawfully re-exported
from another country. These items were listed on the commerce
control list, or "CCL," published at 15 C.F.R. 774, Supp. 1.
The President issued annual Executive Notices extending the
national emergency declared in Executive Order 13222 from the
time period covered by that Executive Order through the time of
this Indictment. See 77 Fed. Reg. 49,699 (Aug. 15, 2012).
3. Pursuant to its authority derived from IEEPA, the
DOC reviewed and controlled the export of certain goods and
technology from the United States to foreign countries. In
particular, the DOC placed restrictions on the export of goods
and technology that it determined could make a significant
contribution to the military potential or nuclear proliferation
of other nations or that could be detrimental to the foreign
policy or national security of the United States. Under IEEPA
and the EAR, it was a crime to willfully export, attempt to
export, conspire to export or aid and abet the export, from the
United States any item listed on the CCL, and therefore subject
to the EAR, without first obtaining the license from the DOC.
See 50 U.S.C. 1705(c); 15 C.F.R. 764.2.
2
Case 1:12-cr-00666-NGG Document 9 Filed 10/18/12 Page 2 of 7 PageID #: 35
4. Certain types of carbon fiber were listed on the
CCL, and therefore subject to the EAR's licensing requirements.
See 15 C.F.R. 774, Supp. 1. Carbon fiber is a commodity,
subject to U.S. government license regulations, which has both
military and non-military uses. Carbon fiber composites are
ideally suited to applications where strength, stiffness, lower
weight and outstanding fatigue characteristics are critical
requirements. These composites also can be used in applications
where high temperature, chemical inertness and high damping are
important.
3
5. The two main applications of carbon fiber are in
specialized technology, which includes aerospace and nuclear
engineering, and in general engineering and transportation, which
includes engineering components such as bearings, gears, cams,
fan blades and automobile bodies. In addition, certain carbon
fiber based composites are used in military aircraft. Toray type
M60JB-3000-50B carbon fiber was an extremely high-grade product,
used primarily in aerospace and military applications.
6. Toray type M60JB-3000-50B carbon fiber was under
the licensing jurisdiction of the DOC, and a license was required
to export that commodity to China. Toray type M60JB-3000-50B
carbon fiber was also controlled under Export Control
Classification Number 1C210.a for nuclear non-proliferation and
anti-terrorism reasons.
Case 1:12-cr-00666-NGG Document 9 Filed 10/18/12 Page 3 of 7 PageID #: 36
ATTEMPT TO VIOLATE THE IEEPA
7. The allegations contained in paragraphs one
through six are realleged and incorporated as if fully set forth
in this paragraph.
8. On or about and between July 18, 2012 and
September 14, 2012, both dates being approximate and inclusive,
within the Eastern District of New York and elsewhere, the
defendant MING SUAN ZHANG, together with others, did knowingly,
intentionally and willfully attempt to export from the United
States to China items under the jurisdiction of the DOC, to wit:
one or more spools of Toray type M60JB-3000-SOB carbon fiber,
without first having obtained the required license from the DOC.
4
(Title 50, United States Code, Sections 1702, 1705(a)
and 1705(c); Title 15, Code of Federal Regulations, Section
764.2; Title 18, United States Code, Sections 2 and 3551 et seq.)
CRIMINAL FORFEITURE ALLEGATION
9. The United States hereby gives notice to the
defendant that, upon his conviction of the charged offense, the
government will seek forfeiture in accordance with Title 18,
United States Code, Section 981(a) (1) (C) and Title 28, United
States Code, Section 2461(c), which require any person convicted
of any such offense to forfeit any and all property, real or
personal, which constitutes or is derived from proceeds traceable
to a violation of such offense, including but not limited to
Case 1:12-cr-00666-NGG Document 9 Filed 10/18/12 Page 4 of 7 PageID #: 37
approximately $1,000 in United States currency seized from the
defendant on or about September 14, 2012.
10. If any of the above-described forfeitable
property, as a result of any act or omission of the defendant:
a. cannot be located upon the exercise of due
diligence;
5
b. has been transferred or sold to, or deposited
with, a third party;
c. has been placed beyond the jurisdiction of
the court;
d. has been substantially diminished in value;
or
e. has been commingled with other property which
cannot be divided without difficulty;
it is the intent of the United States, pursuant to Title 21,
United States Code, Section 853(p), as incorporated by Title 28,
United States Code, Section 246l(c), to seek forfeiture of any
Case 1:12-cr-00666-NGG Document 9 Filed 10/18/12 Page 5 of 7 PageID #: 38
other property of the defendant up to the value of the
forfeitable property described in this forfeiture allegation.
(Title 28, United States Code, Section 2461(c); Title
18, United States Code, Section 981(a) (1) (C); Title 21, United
States Code, Section 853(p))
LORETTA E. LYNCH
UNITED STATES ATTORNEY
EASTERN DISTRICT OF NEW YORK
A TRUE BILL
~ ~
FORE PERSON
6
Case 1:12-cr-00666-NGG Document 9 Filed 10/18/12 Page 6 of 7 PageID #: 39
)
)
F#2012R01387
FORM DBD-34
JUN. 85
No.
UNITED STATES DISTRICT COURT
EASTERN District of NEW YORK
CRIMINAL Division
THE UNITED STATES OF AMERICA
vs.
MING SUAN ZHANG,
Defendant.
INDICTMENT
( T. 18, U.S.C., 2, 981 (a)(!) (C) and 3551 e t ~ .;
T. 50, U.S.C., 1702, 1705 (a) and 1705 (c); T. 28, U.S.C., 2461 (c);
T. 21, U.S.C., 853 (p); T. 15, C.P.R., 764.2)
Atruebill. t.l/ ----
jJtiL ft2/l! _ J!lJ _,['al}---------------Foreman
Filed in open court this _________________ day,
of_________ A.D. 2009
Clerk
Bail,$ __________ _
SETH DUCHARME, AUSA; (718) 254-6021
Case 1:12-cr-00666-NGG Document 9 Filed 10/18/12 Page 7 of 7 PageID #: 40
I.
2.
3.
4.
5.
6.
7.
8.
9.
10.
'-"
INFORMATI00ft:T12 -
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
666
Title of Case: United States v. MING SUAN ZHANG
rJ
FILED
Related Magistrate Docket Number(s)
None ( )
IN CLERK'S OFFICE
U.S. DISTRICT COURT E.D.N.Y
*
OCT 1 8 Wt2 *
Arrest Date:
Nature of offense(s):
COGAN, J. BROOKLYN OFFICE
Felony
Misdemeanor D
Related Civil or Criminal Cases- Title and Docket No(s). (Pursuant to Rule 50.3 of the
Local E.D.N.Y. Division of Business Rules):--:::-------,--.-,...,,--------
W1v:
Projected Length of Trial: Less than 6 weeks
More than 6 weeks
(X)
( )
1/iAA)
County in which crime was allegedly committed: _ ___:H_:__l__.L ____ .(Pursuant to
Rule 50.l(d) of the Local E.D.N.Y. Division of Business Rules)
Has this indictment been ordered sealed?
Have arrest warrants been ordered?
Is a capital count included in the indictment?
By:
()Yes (X) No
()Yes (X) No
()Yes(X)No
LORETTA E. LYNCH

SKfH DUCHARME, AUSA
(718) 254-6021
Rev. 10/01103
Case 1:12-cr-00666-NGG Document 9-1 Filed 10/18/12 Page 1 of 1 PageID #: 41