A four-count indictment was unsealed charging Hang Sun, also known as Cody Sun, with conspiracy, wire fraud, smuggling, and a violation of the Arms Export Control Act for his role in an illegal scheme to send export-controlled defense-related technical data to China and to unlawfully supply the Department of Defense (DOD) with Chinese-origin rare earth magnets for aviation systems and military items.
The indictment alleges that between January 2012 and December 2018, the defendant conspired to send approximately 70 drawings containing export-controlled technical data to a company located in China without a license from the U.S. government, in violation of the Arms Export Control Act and the International Traffic in Arms Regulations. The technical data drawings were the property of two U.S. companies and related to end-use items for aviation, submarine, radar, tank, mortars, missiles, infrared and thermal imaging targeting systems, and fire control systems for DOD.
The indictment further alleges that Quadrant Magnetics imported rare earth magnets that were smelted and magnetized by a company in China. Quadrant then sold these magnets to two U.S. companies which included them in components sold to DOD for use in the F-16, the F-18, and other defense assets in violation of the Defense Acquisition Regulations System (DFARS). Under the DFARS specialty metal clause, rare earth magnets sold to DOD must be produced in the United States or an approved country. China is not an approved country. Quadrant Magnetics and three of its employees were separately charged in a superseding indictment filed in the Western District of Kentucky on Dec. 5, 2023.
If convicted, Sun faces statutory maximum penalties of up to five years in prison for conspiracy; 20 years in prison for wire fraud; 20 years in prison for exporting technical data without a license; and 10 years in prison for smuggling goods from the United States. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, Director Kelly P. Mayo of the Defense Criminal Investigative Service (DCIS), U.S. Attorney Michael A. Bennett for the Western District of Kentucky, Executive Assistant Director Robert Wells of the FBI’s National Security Branch, and Special Agent in Charge Karen Wingerd of the IRS Criminal Investigation (IRS-CI) Cincinnati Field Office made the announcement.
The DCIS, FBI, Department of Homeland Security, IRS-CI, Naval Criminal Investigative Service, and Department of Energy’s Office of Inspector General are investigating the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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