Chinese National Arrested In U.S. For Alleged Role In Scheme To Illegally Export Semiconductor-Related Machinery

SAN FRANCISCO - An indictment was unsealed charging Chinese nationals, Han Li, 44, also known as "Anson" Li, and Lin Chen, 64, with crimes related to a conspiracy to illegally export U.S technology to prohibited end users in China, in violation of the International Emergency Economic Powers Act ("IEEPA") and Export Administration Regulations ("EAR"). The technology at issue includes a machine manufactured by a California-based company that is used to process silicon wafer microchips. Li was arrested in Chicago yesterday.

"The export restrictions at issue in this case were put in place to prevent the illicit procurement of commodities and technologies for unauthorized military end use in the People's Republic of China," said the U.S. Attorney for the Northern District of California Ismail Ramsey. "This office will continue to vigorously enforce the nation's export laws, including those pertaining to advanced technologies, to protect our national security."

"As alleged, the defendants sought to evade export controls to obtain U.S. semiconductor manufacturing technology for a prohibited Chinese company," said Assistant Attorney General Matthew G. Olsen of the Justice Department's National Security Division. "The Justice Department is committed to enforcing export controls and holding accountable those who seek to illicitly procure U.S.-developed technologies that puts our national security at risk."

"Stopping the illegal export of U.S. technology to China is one of the FBI's highest priorities. We will aggressively pursue anyone who violates export control laws designed to protect our national and economic security. I am proud of the tenacious work that resulted in today's announcement," said FBI Special Agent in Charge Robert Tripp. "U.S. business leaders should be encouraged to establish a relationship with their local FBI field office to help protect against the pervasive threat of criminals looking to steal American technology."

"This arrest highlights the importance of interagency collaboration in preventing illegal exports that could compromise sensitive technologies and our national security as well as undermine our American economy. Thank you to our partners at U.S. Customs and Border Protection, the Dept. of Commerce' Bureau of Industry and Security, the FBI, the U.S. Attorney's Office, Northern District of California, and the Dept. of Justice National Security Division." said HSI San Francisco Special Agent in Charge Tatum King.

"Stopping the flow of U.S. semiconductor technology that supports the PRC's military modernization efforts is a top priority for the Office of Export Enforcement," said Brent Burmester, Special Agent in Charge of the U.S. Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement, San Jose Field Office. "BIS will continue to prioritize investigations involving exports of advanced technologies to prohibited parties to protect U.S. national security."

Federal regulations restrict the export of certain items to companies, research institutions, and other entities identified on the Department of Commerce's Entity List. In August 2014, the Department of Commerce added Changdu GaStone Technology Company ("CGTC"), a company based in China, to the Entity List, making the company ineligible to receive exports of certain U.S. technologies and services.

As alleged in the indictment, between at least May 2015 and August 2018, Li and Chen conspired to evade the export restrictions imposed by the Department of Commerce on CGTC by using intermediary companies. Specifically, the defendants sought to illegally obtain for CGTC a DTX-150 Automatic Diamond Scriber Breaker machine from Dynatex International, a Santa Rosa, California company. The machine is used to cut thin semiconductors used in electronics, also known as silicon wafers, and under Department of Commerce regulations, requires a license and authorization to export to CGTC. The defendants sought to obtain the machine through an intermediary company called Jiangsu Hantang International (JHI), which they fraudulently represented as the purchaser and end user. ), a proxy they fraudulently represented as the purchaser and end user. To avoid detection, Li and Chen instructed Dynatex International to ensure that the export information associated with the sale did not list CGTC as the ultimate consignee of the shipment.

Li is believed to be in the People's Republic of China.

In sum, Li and Chen each are charged as follows:

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. Any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

The case is being prosecuted by the Special Prosecutions Unit of the United States Attorney's Office for the Northern District of California and the Department of Justice National Security Division's Counterintelligence and Export Control Section. The prosecution is the result of a joint investigation by the Federal Bureau of Investigation, Homeland Security Investigations, and Department of Commerce's Bureau of Industry and Security.