Defense News: SECNAV Del Toro Issues Letter to Congress Concerning Continuing Resolution

Source: United States Navy

WASHINGTON -­­­ Secretary of the Navy Carlos Del Toro issued a letter to Congressional leaders detailing the concerns and impacts of a six-month continuing resolution (CR) on the Navy and Marine Corps today, Sept. 16, 2024.

“This lengthy delay in new funding would force the Department of the Navy (DON) to operate at last year’s funding levels with the negative consequences lasting far beyond the time frame of the CR, impeding our ability to field the force needed to defend our nation while imposing unnecessary stress on our Sailors, Marines, Civilians, and their families,” said Secretary Del Toro.

Secretary Del Toro described how the CR would delay deliveries of the Virginia-class and Columbia-class submarines, in addition to delaying critical investments in the submarine industrial base.  

“The Department of the Navy stands ready to assist Congress in any way possible to ensure it has the information and resources to pass this essential legislation,” said Secretary Del Toro. “This is the best thing to do to support our nation’s defense.”

Read the full letter here.

South Dakota Surgical Hospital Agrees to Pay More Than $12.7M to Resolve Alleged False Claims Act Violations

Source: United States Department of Justice Criminal Division

Siouxland Surgery Center LLP, doing business as Dunes Surgical Hospital (Dunes), United Surgical Partners International Inc. (USPI) and USP Siouxland Inc. have agreed to pay approximately $12.76 million to resolve alleged False Claims Act violations relating to improper financial relationships between Dunes and two physician groups. Dunes is a surgical hospital located in Dakota Dunes, South Dakota. Since July 1, 2014, USPI has maintained partial ownership of Dunes through USP Siouxland, a wholly owned subsidiary of USPI. Dunes and USPI disclosed the arrangements at issue to the government following an internal compliance review and independent investigation.

The settlement resolves allegations that, from at least 2014 through 2019, Dunes made significant financial contributions to a non-profit affiliate of a physician group whose physicians referred patients to Dunes. Those payments allegedly funded the salaries of athletic trainers who generated referrals to both the physician group and to Dunes. The settlement also resolves allegations, that during the same time period, Dunes provided another physician group with free or below-fair-market-value clinic space, staff, and supplies. The United States alleged that these arrangements violated both the Anti-Kickback Statute (AKS) and the Physician Self-Referral Law, commonly known as the Stark Law. The AKS prohibits the provision of remuneration to induce the referral of services or items that are paid for by a federal health care program. The Stark Law prohibits hospitals from billing for certain services referred by physicians with whom the hospital has a financial relationship, unless that relationship satisfies one of the law’s statutory or regulatory exceptions. A claim submitted in violation of the AKS or the Stark Law can also violate the False Claims Act.     

“The AKS and Stark Law are designed to ensure that decisions about patient care are based on physicians’ independent medical judgment and not their personal financial interest,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “As this settlement reflects, we will hold accountable those who violate these important safeguards, but we will also give to those who disclose their wrongdoing, take appropriate remedial actions and meaningfully cooperate with the government’s investigation.”      

In connection with the settlement, the United States acknowledged that Dunes and USPI took a number of significant steps entitling them to credit for cooperating with the government. Following an internal compliance review and independent investigation, Dunes and USPI promptly took remedial actions and disclosed the relevant arrangements to the government. Dunes and USPI also provided the government with a detailed and thorough written disclosure and cooperated with the government throughout its investigation.  

“Illegal kickbacks and self-referrals make healthcare more expensive and create the potential for medical decisions that are not based on what is best for patients,” said U.S. Attorney Timothy T. Duax for the Northern District of Iowa. “Our office welcomes the cooperation of those who self-disclose and will continue to work with our law enforcement partners to ensure that taxpayers do not bear the costs of illegal and unethical practices.”

“The U.S. Attorney’s Office is dedicated to fostering a healthcare environment that prioritizes patient well-being above all,” said U.S. Attorney Alison Ramsdell for the District of South Dakota. “We stand firmly against any actions that could undermine the trust and transparency that form the cornerstone of patient care and remain committed to working closely with healthcare professionals and regulatory bodies to promote ethical practices to ensure patients receive the highest standard of care.”

“Individuals and entities that participate in the federal health care system are required to obey laws designed to preserve the integrity of program funds and ensure the provision of appropriate, quality services to patients,” said Special Agent in Charge Linda T. Hanley of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Together with our federal and state law enforcement partners, we remain committed to investigating allegations of improper arrangements that can put patient safety at risk.”

The settlement resolves allegations of false billings to the Medicare, TRICARE and Medicaid programs. The Medicaid program is jointly funded by the federal and state governments. In addition to the approximately $12.76 million to be paid to the federal government for alleged violations of the False Claims Act, South Dakota, Iowa and Nebraska will collectively receive approximately $1.37 million for their share of the Medicaid portion of the settlement.   

The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section; U.S. Attorney’s Office for the Northern District of Iowa; U.S. Attorney’s Office for the District of South Dakota; and HHS-OIG.

The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to HHS at 800-HHS-TIPS (800-447-8477).

Trial Attorney Nathan Green, Assistant U.S. Attorney Brandon Gray for the Northern District of Iowa and Assistant U.S. Attorney Alexis Warner for the District of South Dakota handled the matter.

The claims resolved by the United States in the settlement are allegations only. There has been no determination of liability.

Justice Department Expands Tribal Access Program to Improve the Exchange of Critical Data with Federally Recognized Tribes

Source: United States Department of Justice Criminal Division

The Justice Department has selected 17 federally recognized Tribes to participate in the continued expansion of the Tribal Access Program for National Crime Information (TAP), a program that provides Tribal governments with means to access, enter, and exchange data with national crime information systems, including those maintained by the FBI Criminal Justice Information Services (CJIS) Division. This announcement follows Attorney General Merrick B. Garland’s trips to Montana, New Mexico, and South Dakota during which he visited with numerous Tribal and federal law enforcement officials and Tribal leaders to discuss the public safety challenges faced by Tribal communities.

“Tribal communities deserve safety, and they deserve justice,” said Attorney General Garland. “The Tribal Access Program provides Tribes with the crime information they need to investigate crimes, apprehend suspects, protect vulnerable persons, and ensure justice for victims. It reflects the Justice Department’s steadfast commitment to working with our Tribal law enforcement partners to protect those living in Indian Country.”

With this expansion, TAP now supports 149 Tribes and more than 460 Tribal government agencies.

“The Tribal Access Program has enhanced our efforts in the administration of criminal justice within the Kickapoo Traditional Tribe of Texas reservation,” said Interim Tribal Police Director Epifanio Ruiz of the Kickapoo Traditional Tribe of Texas. “During the performance of our duties, the Tribal police department has effectively apprehended subjects within the Tribal nation who have outstanding warrants in other jurisdictions thus enhancing the safety and wellbeing of the community.”

TAP provides training as well as software and biometric/biographic kiosk workstations to process fingerprints, take mugshots, and submit information to FBI CJIS systems.  

The Justice Department began TAP in 2015 in response to concerns raised by Tribal leaders about the need to have direct access to federal systems. Using TAP, Tribes have shared information about missing persons; registered convicted sex offenders; entered domestic violence orders of protection for nationwide enforcement; entered orders that prevent dangerous prohibited persons from obtaining firearms; run criminal histories; identified and arrested fugitives; entered bookings and convictions; and completed fingerprint-based record checks for non-criminal justice purposes such as screening employees or volunteers who work with children.

The following additional Tribes have been selected for participation in TAP:

  1. Catawba Indian Nation
  2. Crow Tribe
  3. Little Traverse Bay Bands of Odawa Indians
  4. Native Village of Gakona
  5. Northern Cheyenne Tribe
  6. Orutsararmiut Traditional Native Council
  7. Quileute Tribe
  8. Snoqualmie Indian Tribe
  9. Village of Dot Lake
  10. Walker River Paiute Tribe
  11. Caddo Nation
  12. Tuolumne Band of Me-Wuk Indians
  13. Augustine Band of Cahuilla Indians
  14. Karuk Tribe
  15. Shawnee Tribe
  16. Yerington Paiute Tribe of the Yerington Colony & Campbell Ranch
  17. Kiowa Indian Tribe

TAP is managed by the Justice Department’s Office of the Chief Information Officer and the Office of Tribal Justice. It is funded by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART), the Office of Community Oriented Policing Services (COPS), the Office for Victims of Crime (OVC), and the Office on Violence Against Women (OVW).

For more information on TAP, visit www.justice.gov/tribal/tribal-access-program-tap.

Justice Department Announces Five Cases Tied to Disruptive Technology Strike Force

Source: United States Department of Justice Criminal Division

The Justice Department today announced criminal charges in five cases from four U.S. Attorney’s offices in connection with the multi-agency Disruptive Technology Strike Force (Strike Force).

The Strike Force is co-led by the Departments of Justice and Commerce to counter efforts by hostile nation states to illicitly acquire sensitive U.S. technology to advance their authoritarian regimes and facilitate human rights abuses. Launched in February 2023, the Strike Force’s work has led to the unsealing of charges against 34 defendants in 24 cases involving alleged export control violations, smuggling, theft of trade secrets, and other charges by actors connected to Russia, China, and Iran.

The cases announced today took place over the course of multiple weeks, culminating in the arrest today of a Russian national allegedly seeking to illegally export electronics for use in Unmanned Aerial Vehicles (UAVs) to Russia. The other cases also cover spearfishing of U.S-based scientists by an employee of a state-owned Chinese defense company and the smuggling of laser welding machines used in nuclear munition production to Russia.

“The prosecutions of these cases under the Disruptive Technology Strike Force reflects the joint efforts of five agencies across the government focused on the shared goal of stopping the transfer of sensitive, cutting-edge technologies to Iran, China, and Russia,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Justice Department, through the work of the Strike Force, will continue to do all we can to prevent advanced technologies from falling into the hands of our adversaries and protect our national security.”

“We launched the Disruptive Technology Strike Force a year and half ago to advance the vital mission of safeguarding U.S. technology,” said Assistant Secretary for Export Enforcement Matthew S. Axelrod of the U.S. Department of Commerce. “As today’s announcements make clear, our efforts to protect sensitive U.S. technologies – which to date have yielded 24 publicly charged criminal cases, millions of dollars in administrative penalties, and multiple Entity List additions – remain relentless and unyielding.” 

“It’s no secret that the threats we face today are more complex and severe than ever before,” said Executive Assistant Director Robert Wells of the FBI’s National Security Branch. “The best way – and the only way – we can stay ahead of current and emerging threats is by working together. With these indictments, the Disruptive Technology Strike Force is an excellent example of the power of partnerships in practice.”

“Those who facilitate the illegal proliferation of sensitive technologies and material to hostile nations and terrorist groups pose a serious threat to the safety and security of the United States,” said Executive Associate Director Katrina W. Berger of Homeland Security Investigations (HSI). “HSI is committed to working with our partners to disrupt and dismantle the criminal networks that aid and abed U.S. adversaries.”

“Disrupting the efforts of foreign nations, international criminal organizations, and other potentially hostile entities that seek to illegally obtain sensitive DoD technology and weapon systems that could potentially be used against our military forces remains a top priority of the Defense Criminal Investigative Service, the criminal investigative arm of Department of Defense (DoD) Office of Inspector General,” said Inspector General Robert P. Storch of DoD. “We will continue to work with the Justice Department and our strike force partners to thwart the efforts of criminal elements whose activities threaten the security of the United States.”

United States v. Postovoy (District of Columbia)

A federal grand jury returned a seven-count indictment charging Denis Postovoy, a Russian citizen living in the United States, with conspiring to violate the Export Control Reform Act, commit smuggling, commit money laundering and defraud the United States. HSI arrested Postovoy this morning in Sarasota, Florida.

According to court documents, beginning in at least February 2022, following Russia’s full-scale invasion of Ukraine, Postovoy procured and illicitly exported from the United States to Russia microelectronic components with military applications. The exported microelectronics can be used in UAVs or drones. Through a web of companies that he owns or operates in Russia, Hong Kong, and elsewhere, Postovoy and individuals in his network purchased the microelectronics from U.S.-based distributors and exported them to Russia without the required licenses from the Department of Commerce.

As alleged, Postovoy’s companies included WowCube HK Limited, JST Group Hong Kong, Jove HK Limited, all based in Hong Kong, and the Vector Group in Russia. Postovoy repeatedly concealed and misstated the true end users and end destinations of the microelectronics by submitting false information on export-related documents. He transshipped items that were ultimately destined for Russia through intermediary destinations, including Hong Kong, Switzerland and elsewhere, and received payments in U.S. dollars from foreign bank accounts. His companies transferred funds for the purchase and shipment of the goods through bank accounts in Hong Kong, Russia, and elsewhere to bank accounts in the United States, including bank accounts maintained by the U.S. suppliers of microelectronics and other sensitive technologies.

HSI is investigating the case.

Assistant U.S. Attorney Stuart Allen for the District of Columbia and Trial Attorney Sean Heiden of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

United States v. Song Wu (Northern District of Georgia)

Today, a federal court in Atlanta, unsealed an indictment charging Chinese national, Song Wu, 39, with wire fraud and aggravated identity theft arising from his efforts to fraudulently obtain computer software and source code created by the National Aeronautics and Space Administration (NASA), research universities, and private companies. Song remains at large.

According to the indictment, Song allegedly engaged in a multi-year “spear phishing” email campaign in which he created email accounts to impersonate U.S.-based researchers and engineers and then used those imposter accounts to obtain specialized restricted or proprietary software used for aerospace engineering and computational fluid dynamics. This specialized software could be used for industrial and military applications, such as development of advanced tactical missiles and aerodynamic design and assessment of weapons.

In executing the scheme, Song allegedly sent spear phishing emails to individuals employed in positions with the U.S. government, including NASA, the Air Force, Navy, and Army, and the Federal Aviation Administration. Song also sent spear phishing emails to individuals employed in positions with major research universities in Georgia, Michigan, Massachusetts, Pennsylvania, Indiana, and Ohio, and with private sector companies that work in the aerospace field. Song’s spear phishing emails appeared to the targeted victims as having been sent by a colleague, associate, friend, or other person in the research or engineering community. His emails requested that the targeted victim send or make available source code or software to which Song believed the targeted victim had access.

According to the indictment, while conducting this spear phishing campaign, Song was employed as an engineer at Aviation Industry Corporation of China (AVIC), a Chinese state-owned aerospace and defense conglomerate headquartered in Beijing. AVIC manufactures civilian and military aircrafts and is one of the largest defense contractors in the world.

In total, Song is charged with 14 counts of wire fraud and 14 counts of aggravated identity theft. If convicted, Song faces a maximum statutory penalty of 20 years in prison for each count of wire fraud. Song also faces a mandatory, two-year consecutive penalty in prison for aggravated identity theft. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI and the NASA’s Office of Inspector General are investigating the case.

Assistant U.S. Attorney Samir Kaushal for the Northern District of Georgia and Trial Attorney Tanner Kroeger of the National Security Division’s Cyber Section are prosecuting the case with assistance from the Counterintelligence and Export Control Section.

United States v. Teslenko (District of Massachusetts)

Massachusetts resident, Samer Bhambhani, 55, and Russian national, Maksim Teslenko, 35, have been charged with smuggling and one count of conspiracy to violate and evade export controls, commit smuggling, and defraud the United States. Bhambhani was arrested on Sept. 9 and was released on conditions following an initial appearance in federal court in Boston. Teslenko remains at large overseas.

It is alleged that from in or around 2015 through at least 2021, Bhambhani and Teslenko conspired to export laser welding machines from Bhambhani’s employer in the United States to the Ural Electromechanical Plant (UEMZ) in Yekaterinburg, Russia, while falsifying the export documentation submitted to the U.S. government in order to conceal the fact that the UEMZ was the true end user of the machines. The UEMZ is a subsidiary of Rosatom, a Russian state corporation headquartered in Moscow, that oversaw Russia’s civilian and military nuclear program. According to the indictment, Teslenko knew that the laser welding machines were intended for the portion of the UEMZ involving the Russian nuclear weapons program.

The charge of smuggling provides for a sentence of up to 10 years in prison, three years supervised release and a fine of up to $250,000. The charge of conspiracy provides for a sentence of up to five years in prison, three years supervised release and a fine of up to $250,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant U.S. Attorneys Timothy H. Kistner and Laura S. Kaplan for the District of Massachusetts and Trial Attorney Sean O’Dowd of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

United States v. Goodarzi (Southern District of Texas)

Gholam Reza Goodarzi, also known as Ron Goodarzi, 76, a dual U.S. and Iranian citizen who resides in Porter, Texas, was arrested at the George Bush International Airport on Aug. 30 based on a criminal complaint alleging he smuggled parts and components used in the production of unmanned aerial vehicles (UAVs), as well as other manned aircraft, from the United States to Iran.

According to court documents, from December 1, 2020, through July 5, Goodarzi illegally exported aircraft-related parts, in addition to oil and drilling components, to Iran. As alleged, Goodarzi purchased U.S.-origin aircraft components from U.S.-based suppliers and then exported them to Iran – typically through Dubai, UAE. He also traveled to and from Iran multiple times per year and concealed aircraft parts and other items in his checked luggage. Goodarzi exchanged multiple emails with suppliers and customers, acknowledging that parts could not be shipped to Iran because of sanctions.

The complaint alleges that on several occasions, authorities searched Goodarzi’s luggage and found numerous aircraft parts and components hidden within articles of clothing. Some of the items had characteristics consistent with parts for the production of UAVs, as well as parts with electrical motor and generator applications. Goodarzi does not have the required licenses to export such items to sanctioned countries, including Iran, according to the complaint.

The FBI, with assistance from and Customs and Border Protection, is investigating the case. 

Assistant U.S. Attorney Heather Winter for the Southern District of Texas and Trial Attorney Christopher Cook of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case. 

United States v. Nader (District of Columbia)

U.S.-Iranian national Jeffrey Chance Nader, 66, of Arcadia, California, was arrested on Aug. 13, 2024, based on an indictment charging him with crimes related to the procurement of U.S.-manufactured aircraft components, including components used on military aircraft, in violation of U.S. economic sanctions and other federal laws.

According to the indictment, beginning at least in 2023, Nader and others conspired to purchase and export – and attempted to export – from the United States to Iran four types of aircraft components, totaling nearly three dozen individual pieces. Some of these components are for use on military aircraft operated by Iran’s armed forces, including the F-4 fighter jet.

Nader, acting on purchase orders he received from customers in Iran, would coordinate the purchase of relevant aircraft components with business associates in Iran, by which they would reach out to U.S.-based suppliers of such components. In several instances, Nader identified himself and his company, California-based Pro Aero Capital, to these U.S.-based suppliers as the end-user of these items. Victim companies in this procurement scheme were located across the United States.

Once the aircraft components were obtained, Nader attempted to export the items on multiple separate occasions. The items were then transshipped to the ultimate customer in Iran. None of the transactions discussed in the indictment were successfully exported; they were detained on export by a Special Agent with the Department of Commerce.

This case is being investigated by the FBI’s Washington Field Office and the Commerce Department’s Bureau of Industry and Security. Significant assistance was provided by the FBI’s Los Angeles Field Office.  

The case is being prosecuted by Assistant U.S. Attorney Steven B. Wasserman for the District of Columbia and Trial Attorney Sean Heiden of the National Security Division’s Counterintelligence and Export Control Section. Significant assistance was provided by the U.S. Attorney’s Office for the Central District of California.

*   *   *

Today’s actions were coordinated through the Justice and Commerce Departments’ Disruptive Technology Strike Force. The Disruptive Technology Strike Force is an interagency law enforcement strike force co-led by the Departments of Justice and Commerce designed to target illicit actors, protect supply chains and prevent critical technology from being acquired by authoritarian regimes and hostile nation states.  The Postovoy and Teslenko investigations were also coordinated through the Justice Department’s Task Force KleptoCapture, an interagency law enforcement task force dedicated to enforcing sanctions, export controls and economic countermeasures imposed in response to Russia’s unprovoked military invasion of Ukraine.

*   *   *

Also today, the Department is announcing the unsealing of an indictment in Chicago, Illinois, charging Chinese national Jia Wei with unlawfully accessing the computer network of a U.S. communications company to steal proprietary information for the benefit of the China-based entities. 

An indictment, complaint or criminal information is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Justice Department Announces Three Cases Tied to Disruptive Technology Strike Force

Source: United States Department of Justice Criminal Division

The Justice Department today announced criminal charges in three cases from three U.S. Attorney’s offices in connection with the multi-agency Disruptive Technology Strike Force (Strike Force).

The Strike Force is co-led by the Departments of Justice and Commerce to counter efforts by hostile nation states to illicitly acquire sensitive U.S. technology to advance their authoritarian regimes and facilitate human rights abuses. Launched in February 2023, the Strike Force’s work has led to the unsealing of charges against 34 defendants in 24 cases involving alleged export control violations, smuggling, theft of trade secrets, and other charges by actors connected to Russia, China, and Iran.

The cases announced today took place over the course of multiple weeks, culminating in the arrest today of a Russian national allegedly seeking to illegally export electronics for use in Unmanned Aerial Vehicles (UAVs) to Russia. The other cases also cover spearfishing of U.S-based scientists by an employee of a state-owned Chinese defense company and the smuggling of laser welding machines used in nuclear munition production to Russia.

“The prosecutions of these cases under the Disruptive Technology Strike Force reflects the joint efforts of five agencies across the government focused on the shared goal of stopping the transfer of sensitive, cutting-edge technologies to Iran, China, and Russia,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Justice Department, through the work of the Strike Force, will continue to do all we can to prevent advanced technologies from falling into the hands of our adversaries and protect our national security.”

“We launched the Disruptive Technology Strike Force a year and half ago to advance the vital mission of safeguarding U.S. technology,” said Assistant Secretary for Export Enforcement Matthew S. Axelrod of the U.S. Department of Commerce. “As today’s announcements make clear, our efforts to protect sensitive U.S. technologies – which to date have yielded 24 publicly charged criminal cases, millions of dollars in administrative penalties, and multiple Entity List additions – remain relentless and unyielding.” 

“It’s no secret that the threats we face today are more complex and severe than ever before,” said Executive Assistant Director Robert Wells of the FBI’s National Security Branch. “The best way – and the only way – we can stay ahead of current and emerging threats is by working together. With these indictments, the Disruptive Technology Strike Force is an excellent example of the power of partnerships in practice.”

“Those who facilitate the illegal proliferation of sensitive technologies and material to hostile nations and terrorist groups pose a serious threat to the safety and security of the United States,” said Executive Associate Director Katrina W. Berger of Homeland Security Investigations (HSI). “HSI is committed to working with our partners to disrupt and dismantle the criminal networks that aid and abed U.S. adversaries.”

“Disrupting the efforts of foreign nations, international criminal organizations, and other potentially hostile entities that seek to illegally obtain sensitive DoD technology and weapon systems that could potentially be used against our military forces remains a top priority of the Defense Criminal Investigative Service, the criminal investigative arm of Department of Defense (DoD) Office of Inspector General,” said Inspector General Robert P. Storch of DoD. “We will continue to work with the Justice Department and our strike force partners to thwart the efforts of criminal elements whose activities threaten the security of the United States.”

United States v. Postovoy (District of Columbia)

A federal grand jury returned a seven-count indictment charging Denis Postovoy, a Russian citizen living in the United States, with conspiring to violate the Export Control Reform Act, commit smuggling, commit money laundering and defraud the United States. HSI arrested Postovoy this morning in Sarasota, Florida.

According to court documents, beginning in at least February 2022, following Russia’s full-scale invasion of Ukraine, Postovoy procured and illicitly exported from the United States to Russia microelectronic components with military applications. The exported microelectronics can be used in UAVs or drones. Through a web of companies that he owns or operates in Russia, Hong Kong, and elsewhere, Postovoy and individuals in his network purchased the microelectronics from U.S.-based distributors and exported them to Russia without the required licenses from the Department of Commerce.

As alleged, Postovoy’s companies included WowCube HK Limited, JST Group Hong Kong, Jove HK Limited, all based in Hong Kong, and the Vector Group in Russia. Postovoy repeatedly concealed and misstated the true end users and end destinations of the microelectronics by submitting false information on export-related documents. He transshipped items that were ultimately destined for Russia through intermediary destinations, including Hong Kong, Switzerland and elsewhere, and received payments in U.S. dollars from foreign bank accounts. His companies transferred funds for the purchase and shipment of the goods through bank accounts in Hong Kong, Russia, and elsewhere to bank accounts in the United States, including bank accounts maintained by the U.S. suppliers of microelectronics and other sensitive technologies.

The FBI and HSI are investigating the case.

Assistant U.S. Attorney Stuart Allen for the District of Columbia and Trial Attorney Sean Heiden of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

United States v. Song Wu (Northern District of Georgia)

Today, a federal court in Atlanta, unsealed an indictment charging Chinese national, Song Wu, 39, with wire fraud and aggravated identity theft arising from his efforts to fraudulently obtain computer software and source code created by the National Aeronautics and Space Administration (NASA), research universities, and private companies. Song remains at large.

According to the indictment, Song allegedly engaged in a multi-year “spear phishing” email campaign in which he created email accounts to impersonate U.S.-based researchers and engineers and then used those imposter accounts to obtain specialized restricted or proprietary software used for aerospace engineering and computational fluid dynamics. This specialized software could be used for industrial and military applications, such as development of advanced tactical missiles and aerodynamic design and assessment of weapons.

In executing the scheme, Song allegedly sent spear phishing emails to individuals employed in positions with the U.S. government, including NASA, the Air Force, Navy, and Army, and the Federal Aviation Administration. Song also sent spear phishing emails to individuals employed in positions with major research universities in Georgia, Michigan, Massachusetts, Pennsylvania, Indiana, and Ohio, and with private sector companies that work in the aerospace field. Song’s spear phishing emails appeared to the targeted victims as having been sent by a colleague, associate, friend, or other person in the research or engineering community. His emails requested that the targeted victim send or make available source code or software to which Song believed the targeted victim had access.

According to the indictment, while conducting this spear phishing campaign, Song was employed as an engineer at Aviation Industry Corporation of China (AVIC), a Chinese state-owned aerospace and defense conglomerate headquartered in Beijing. AVIC manufactures civilian and military aircrafts and is one of the largest defense contractors in the world.

In total, Song is charged with 14 counts of wire fraud and 14 counts of aggravated identity theft. If convicted, Song faces a maximum statutory penalty of 20 years in prison for each count of wire fraud. Song also faces a mandatory, two-year consecutive penalty in prison for aggravated identity theft. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI and the NASA’s Office of Inspector General are investigating the case.

Assistant U.S. Attorney Samir Kaushal for the Northern District of Georgia and Trial Attorney Tanner Kroeger of the National Security Division’s Cyber Section are prosecuting the case with assistance from the Counterintelligence and Export Control Section.

United States v. Teslenko (District of Massachusetts)

Massachusetts resident, Samer Bhambhani, 55, and Russian national, Maksim Teslenko, 35, have been charged with smuggling and one count of conspiracy to violate and evade export controls, commit smuggling, and defraud the United States. Bhambhani was arrested on Sept. 9 and was released on conditions following an initial appearance in federal court in Boston. Teslenko remains at large overseas.

It is alleged that from in or around 2015 through at least 2021, Bhambhani and Teslenko conspired to export laser welding machines from Bhambhani’s employer in the United States to the Ural Electromechanical Plant (UEMZ) in Yekaterinburg, Russia, while falsifying the export documentation submitted to the U.S. government in order to conceal the fact that the UEMZ was the true end user of the machines. The UEMZ is a subsidiary of Rosatom, a Russian state corporation headquartered in Moscow, that oversaw Russia’s civilian and military nuclear program. According to the indictment, Teslenko knew that the laser welding machines were intended for the portion of the UEMZ involving the Russian nuclear weapons program.

The charge of smuggling provides for a sentence of up to 10 years in prison, three years supervised release and a fine of up to $250,000. The charge of conspiracy provides for a sentence of up to five years in prison, three years supervised release and a fine of up to $250,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant U.S. Attorneys Timothy H. Kistner and Laura S. Kaplan for the District of Massachusetts and Trial Attorney Sean O’Dowd of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

*   *   *

Today’s actions were coordinated through the Justice and Commerce Departments’ Disruptive Technology Strike Force. The Disruptive Technology Strike Force is an interagency law enforcement strike force co-led by the Departments of Justice and Commerce designed to target illicit actors, protect supply chains and prevent critical technology from being acquired by authoritarian regimes and hostile nation states.  The Postovoy and Teslenko investigations were also coordinated through the Justice Department’s Task Force KleptoCapture, an interagency law enforcement task force dedicated to enforcing sanctions, export controls and economic countermeasures imposed in response to Russia’s unprovoked military invasion of Ukraine.

*   *   *

Also today, the Department is announcing the unsealing of an indictment in Chicago, Illinois, charging Chinese national Jia Wei with unlawfully accessing the computer network of a U.S. communications company to steal proprietary information for the benefit of the China-based entities. 

An indictment, complaint or criminal information is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.