Freight Forwarder Pleads Guilty to Conspiracy for Facilitating Export of Goods to Iran
| U.S. Department of Justice | For Immediate Release: February 6, 2012 |
| United States Attorney's Office | Contact -- BIS Public Affairs: 202-482-2721 |
FREIGHT FORWARDER PLEADS GUILTY TO CONSPIRACY
FOR FACILITATING EXPORT OF GOODS TO IRAN
NEWARK, N.J. – A former manager of a Netherlands-based freight-forwarding company pleaded guilty today for conspiring to defraud the United States by facilitating the illegal export of goods to Iran, New Jersey U.S. Attorney Paul J. Fishman announced.
Ulrich Davis, 50, a Dutch citizen of Pumerend, The Netherlands, pleaded guilty to an Information charging him with conspiracy to defraud the United States through the violation of a U.S. Department of Commerce Temporary Denial Order (“TDO”). Davis entered his guilty plea before U.S. District Judge Claire C. Cecchi in Newark federal court.
According to the Information to which Davis pleaded guilty, other documents filed in this case and statements made in court:
Davis was the sales and business development manager for a company described in the Information as the “Netherlands Freight Forwarding Company” in 2007 and 2008. The Netherlands Freight Forwarding company was affiliated with a New York-based freight-forwarding company.
During that time, Davis facilitated shipments to be made to Iran without the necessary authorization from the United States government and in violation of the law.
In October 2007, an assistant secretary of commerce for export enforcement – at the behest of the U.S. Department of Commerce, Bureau of Industry and Security (“BIS”) through its Office of Export Enforcement – issued a Temporary Denial Order (TDO) denying export privileges to the company of Davis’ coconspirator under the Export Administration Regulations (“EAR”). The TDO prohibited any person, which included Davis, from directly or indirectly exporting or reexporting to or on behalf of the coconspirator, among others.
The coconspirator, who was located in another country, purchased U.S. origin goods from a New Jersey company, among other companies, for businesses and governmental agencies of Iran. The New Jersey company was in the business of reselling chemicals, lubricants, sealants and other products used in the aircraft industry.
As part of the conspiracy, Davis and his coconspirator directed the New York Freight Forwarding company to arrange for a trucking company to pick up commodities from the New Jersey company and transport them to New York on behalf of the coconspirator’s company.
Davis admitted that in November 2007, he completed an air waybill that represented certain acrylic adhesives and spray paint coatings obtained from a New Jersey company were to be forwarded on behalf of the co-conspirator’s company to a company in Iran after issuance of the TDO.
In a January 2008 e-mail regarding the shipments, Davis noted that, “99% of these goods were destined to be send [sic] to Teheran [sic]/Iran, which was and still is a very difficult destination due to political reasons. We have handled shipments to Teheran [sic] for various customers who had to shut down their operation because they were doing business with Teheran [sic]/Iran and inspite [sic] of the risk we take we always handled your shipments in a good manner.”
Davis acknowledged that at no time was any relief, exception, or other authorization sought from the TDO.
The count to which Davis pleaded guilty carries a maximum penalty of five years in prison and a $250,000 fine. Sentencing is currently scheduled for May 15, 2012.
U.S. Attorney Fishman credited special agents of BIS, Office of Export Enforcement, Boston Field Office, under the direction of Special Agent in Charge John McKenna, and New York Field Office, under the direction of Special Agent in Charge Sidney Simon, with the investigation. He also thanked the Department of Homeland Security’s Immigration and Customs Enforcement, Homeland Security Investigations, Boston Field Office, under the direction of Special Agent in Charge Bruce Foucart, and Newark Field Office, under the direction of Acting Special Agent in Charge Andrew M. McLees; and Defense Criminal Investigative Service, New Haven Resident Office, under the direction of Resident Agent in Charge Kathryn Feeney, for their assistance.
The government is represented by Assistant U.S. Attorney Joyce Malliet of the U.S. Attorney’s Office National Security Unit in Newark and Trial Attorneys Jonathan Poling and Elizabeth Cannon of the Counterespionage Section of the Justice Department’s National Security Division.
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Defense counsel: Gerald M. Saluti Esq., Newark
Iranian National Pleads Guilty in Plot to Illegally Export Missile Components and Radio Test Sets to Iran
| U.S. Department of Justice United States Attorney's Office |
For Immediate Release: May 31, 2011
Contact - BIS Public Affairs: 202-482-2721 |
IRANIAN NATIONAL PLEADS GUILTY IN PLOT TO ILLEGALLY EXPORT MISSILE COMPONENTS AND RADIO TEST SETS TO IRAN
CHICAGO - An Iranian national who maintained a residence and business in California pleaded guilty today in Federal Court here to two felony charges stemming from his efforts to illegally export missile components and radio test sets from the United States to Iran, via the United Arab Emirates.
The defendant, Davoud Baniameri, 38, of Woodland Hills, Calif., pleaded guilty to one count of conspiring to export goods and technology to Iran without a license or approval from the U.S. Department of Treasury, in violation of the International Emergency Economic Powers Act (IEEPA) and one count of attempting to export defense articles on the U.S. Munitions List from the United States without a license or approval from the U.S. Department of State in violation of the Arms Export Control Act (AECA).
U.S. District Judge Samuel Der-Yeghiayan set sentencing for Aug. 4. Baniameri, who remains in federal custody, faces a maximum penalty of 10 years in prison for violating IEEPA and a maximum of 20 years in prison for violating AECA and a maximum fine of $250,000 on each count. A written plea agreement contemplates a sentencing guideline range of 46 to 57 months imprisonment.
The guilty plea was announced by Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois; Gary J. Hartwig, Special Agent in Charge of the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations HSI); Richard D. Zott, Special Agent-in-Charge of the Defense Criminal Investigative Service Central Field Office in St. Louis; Ronald B. Orzel, Special Agent-in-Charge of the Chicago office of the Department of Commerce’s Office of Export Enforcement; and Alvin Patton, Special Agent-in-Charge of the Criminal Investigation Division of the Internal Revenue Service. The Chicago Police Department also assisted in the investigation.
Baniameri, also known as “Davoud Baniamery,” David Baniameri,” and “David Baniemery,” was arrested on a criminal complaint on Sept. 9, 2009, and indicted in December 2009, along with co-defendant Andro Telemi, 40, of La Tuna Canyon, Calif., a naturalized U.S. citizen from Iran. A superseding indictment in July 2010 charged Baniameri, Telemi and a third defendant, Syed Majid Mousavi, an Iranian citizen living in Iran. Telemi, also known as “Andre Telimi” and “Andre Telemi,” was released and is awaiting trial in Federal Court in Chicago. Mousavi, also known as “Majid Moosavy,” remains a fugitive and is believed to be in Iran.
According to the plea agreement and other court records, sometime before Oct. 10, 2008, Mousavi, based in Iran, contacted Baniameri in California and requested that he purchase and export radio test sets from the United States to Iran, through Dubai. Baniameri agreed and over the next few months negotiated the purchase of three Marconi radio test sets from a company in Illinois. Ultimately, Baniameri arranged for the radio test kits to be sent to him in California, where he shipped them to Dubai, for ultimate transshipment to Iran. At no time did Baniameri obtain or attempt to obtain a license from the U.S. government for the export of the radio test sets.
The plea agreement also states that, sometime before Aug. 10, 2009, Mousavi contacted Baniameri and requested that he purchase and export to Iran via Dubai 10 connector adapters for the TOW and TOW2 missile systems. Baniameri agreed to purchase the items on behalf of Mousavi, and over the next few months, he admitted that he and his co-defendants attempted to purchase 10 connector adaptors from a company in Illinois, which unbeknownst to them, was in fact a company controlled by law enforcement. In September 2009, Baniameri admitted that he directed Telemi to take possession of the connector adaptors in California after having paid $9,450 to a representative of the Illinois company. To further facilitate the export of these items to Iran, Baniameri arranged to fly from the United States to Dubai and then from Dubai to Iran. At no time did Baniameri obtain or attempt to obtain a license from the U.S. government for the export of the connector adaptors. He was arrested before leaving the United States.
The government is being represented in court by Assistant U.S. Attorney Patrick C. Pope.
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