Indian national pleads guilty for role in multi-million dollar scam that preyed on elderly, immigrants

IF YOU'RE  a senior citizen or a new immigrant, you might have received a frightening phone call threatening you with arrest or deportation. 

The callers pose as government employees from the IRS or the U.S. Citizenship and Immigration Services. The callers are aggressive and try to scare people into transferring money into alleged government accounts.

The India-based ring responsible for the scam may have collected hundreds of millions of dollars over the years with its callers posing as government workers.

An Indian national pleaded guilty yesterday (April 13) to one count of conspiracy to commit money laundering for his role in liquidating and laundering victim payments generated through various telephone fraud and money laundering schemes via India-based call centers.

Bharatkumar Patel

Bharatkumar Patel, aka Bharat Patel, 43, an Indian national who had resided in Midlothian, Illinois, pleaded guilty before U.S. District Court Judge David Hittner of the Southern District of Texas. He also agreed to deportation following his sentence. Sentencing is currently set for July 7, 2017.

According to admissions made in connection with the plea, Patel and his co-conspirators perpetrated a complex scheme in which individuals from call centers located in Ahmedabad, India, impersonated officials from the IRS or U.S. Citizenship and Immigration Services in a ruse designed to defraud victims located throughout the U.S. 

The scammers tricked at least 15,000 people into shelling out more than $300 million, according to the DOJ.

Using information obtained from data brokers and other sources, call center operators targeted U.S. victims who were threatened with arrest, imprisonment, fines or deportation if they did not pay alleged monies owed to the government.

Victims who agreed to pay the scammers were instructed how to provide payment, including by purchasing stored value cards or wiring money, and upon payment, the call centers would immediately turn to a network of “runners” based in the U.S. to liquidate and launder the fraudulently-obtained funds.

According to his plea, beginning in or about July 2013, Patel worked as a member of a crew of runners operating in the Chicago area and elsewhere throughout the country. Patel admitted to purchasing reloadable cards or retrieving wire transfers and using the misappropriated personal identifying information of U.S. citizens. 

Patel also admitted to opening personal bank accounts in order to receive scam proceeds and payments from defrauded victims as well as creating limited liability companies in his name to further the conspiracy. 

According to his plea, Patel opened one bank account that received more than $1.5 million in deposits over a one-year period and another bank account that received more than $450,000 in deposits over a five-month period.

Patel was charged for his role in the fraud and money laundering scheme alongside 55 other individuals and five call centers in an indictment returned by a federal grand jury in the Southern District of Texas on Oct. 19, 2016.

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Brooklyn seafood dealer guilty of trafficking American eels to Asia

AN ASIAN/AMERICAN businessman pleaded guilty to illegally selling or purchasing American eels. 

American eels are in danger of being overfished. Eels are considered a delicacy in Asian cuisines.

Tommy Water Zhou pled guilty April 5 in federal district court in Norfolk, Virginia, to trafficking more than $150,361 worth of juvenile American eels, aka “elvers” or “glass eels,” in violation of the Lacey Act. 

Zhou used his Brooklyn-based seafood distribution business as a cover for his illegal activities, according to court documents.

“We will not allow illegal wildlife traffickers to undermine managed fish species like the American eel,” said Acting Assistant Attorney General Jeffrey H. Wood. “In this operation, we are actively partnering with states all along the East Coast to enforce the law and protect our nation's waterways from further exploitation.”

Eels are highly valued in east Asia for human consumption. Historically, Japanese and European eels were harvested to meet this demand; however, overfishing has led to a decline in the population of these eels. As a result, harvesters have turned to the American eel to fill the void resulting from the decreased number of Japanese and European eels.

Harvesters and exporters of American eels in the U.S. can sell elvers to east Asia for more than $2000 per pound. The eels can grow up to 4 feet long and weigh up to 17 pounds.

Because of the threat of overfishing, elver harvesting is prohibited in the U.S. in all but two states: Maine and South Carolina. Maine and South Carolina heavily regulate elver fisheries, requiring that individuals be licensed and report all quantities of harvested eels to state authorities.

The offense in this case is a felony under the Lacey Act, each carrying a maximum penalty of five years in prison, a fine of up to $250,000 or up to twice the gross pecuniary gain or loss, or both.

Sentencing is set for July 12. 

This plea was the result of “Operation Broken Glass,” a multi-jurisdiction U.S. Fish and Wildlife Service (USFWS) investigation into the illegal trafficking of American eels. To date, the investigation has resulted in guilty pleas for eleven individuals whose combined conduct resulted in the illegal trafficking of more than $2.75 million worth of elvers. 

“Illegal harvesting and trafficking of wildlife represents a dire threat to our critical ecosystems,” said U.S. Attorney Dana J. Boente. 

DOJ sues Virginia county for blocking mosque construction

One day, Muslims hope a mosque will take the place of this building in Culpeper County, Virginia.

FINALLY, Muslim/Americans in Culpepper County took a major step towards having a mosque of their own but it took the federal government's assistance.

The Justice Department filed a lawsuit Monday (Dec. 12) against Culpeper County, Virginia, alleging that the county violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when it denied a sewage permit application to the Islamic Center of Culpeper (ICC), effectively preventing the ICC from building a small mosque on land that it had purchased in the county. 

“The Constitution and federal law specifically protect the freedom of religious communities to establish houses of worship,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division.

The parcel's zoning permits religious land use.

The lawsuit comes as Muslim and immigrant rights advocates voice concerns over religious discrimination in the United States after inflammatory statements by President-elect Donald Trump about immigration and Islam. Trump has called for a temporary ban on Muslims entering the country.

Representatives for Culpeper County did not respond to requests for comment.

The complaint, filed in the U.S. District Court for the Western District of Virginia, alleges that the county imposed a substantial burden on the Muslim congregation’s exercise of religion and discriminated against the ICC based on religion when it refused to grant a “pump and haul” permit to allow the ICC to transport sewage from the ICC’s property to a disposal site. The county had told the ICC that such a permit was necessary because its soil, like much soil in the area, could not support a septic system. 

The complaint alleges that since 1992, the county has considered 26 applications and never denied a pump and haul permit to a commercial or religious use prior to the ICC. 

There is no mosque in the county, which is about 70 miles southwest of Washington. About 12 to 20 Muslims have been praying at a temporary site, and wished to build a permanent mosque on the site.

Last month, the DOJ used RLUIPA to file suit against Bernards Township, New Jersey for their attempts to block the construction of a mosque by repeatedly adding new requirements. 

“Religious liberty is a fundamental right in our country and this case seeks to uphold that right,” said U.S. Attorney John P. Fishwick Jr. of the Western District of Virginia. 

Stockton couple Indicted on human trafficking charges

A HUSBAND AND WIFE were indicted for human trafficking. Most of the victims were from India and other countries of south Asia.

Satish Kartan, 43, and his wife, Sharmistha Barai, 38, of Stockton, Calif, were indicted by a Stockton grand jury Nov. 21 for forced labor and conspiracy to commit forced labor. Kartan was also charged with fraud in contacting foreign labor and Barai was also charged with benefiting from forced labor.

Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, and Acting U.S. Attorney Phillip A. Talbert of the Eastern District of California announced the indictment, which is merely an allegation and the defendants are presumed innocent unless and until proven guilty. 

According to court documents, between Feb. 21, 2014, and Oct. 3, 2016, Kartan and Barai hired workers from overseas to perform domestic labor in their homes in Albuquerque, New Mexico; Stockton and elsewhere in the United States. 

In advertisements seeking workers on the internet and India-based newspapers, the defendants made false claims regarding the wages and the duties of employment. Once the workers arrived at the defendants’ residences, Kartan and Barai forced them to work 18 hours a day with limited rest and nourishment. The defendants did not pay wages and used force, physical restraint and coercive conduct to get the workers to perform the labor and services.

The indictment alleges that the couple struck one worker on multiple occasions, including one incident where Kartan grabbed her hands and caused them to be burned over the flames of a gas stove. 

On Oct. 21, Kartan and Barai were arrested on a criminal complaint and were released on bond with special conditions that prohibit them from hiring any nonrelatives to perform domestic services or child care work for them. The defendants are also prohibited from directly or indirectly contacting any of their prior domestic workers.

The couple is facing allegations of human trafficking and an indictment does not mean that they have been found guilty of the crime.

If convicted, each defendant faces a maximum sentence of 20 years in prison and a $250,000 fine. 

Asian art dealer pleads guilty to trafficking in Rhinoceros horns

Rhino horn, often sold as shavings, is highly prized in some traditional Asian medicinal practices.

A RESIDENT of Syosset, New York, and the owner of a business that specialized in Asian works of art, pleaded guilty Tuesday, Nov. 29, to illegally trafficking horns from endangered black rhinoceros. 

“These horns are the remains of a dead animal, and one of the world’s most iconic species that will certainly go extinct in our lifetimes if we do not stop this illegal trafficking,” said Assistant Attorney General Cruden. “We expect those in the arts and auction trade to understand and obey the law, and those that do not will be investigated and prosecuted for these crimes.” 

The guilty plea by Fengyi Zhou was announced by Assistant Attorney General John C. Cruden for the Department of Justice’s Environment and Natural Resources Division and Dan Ashe, Director of the U.S. Fish and Wildlife Service (USFWS). 

FeZhou, 49, who has worked as an Asian art dealer for years, pleaded guilty before U.S. District Judge William F. Kuntz II for the Eastern District of New York in Brooklyn, New York, to a one count information charging him with wildlife trafficking in violation of the Lacey Act. 

Zhou was identified as part of “Operation Crash” – a nationwide effort led by the USFWS and the Justice Department to investigate and prosecute those involved in the black market trade of rhinoceros horns and other protected species.

In papers filed in federal court, Zhou admitted to purchasing as many as five uncarved rhinoceros horns from another Asian arts dealer in New York. Along with the horns, Zhou was given an “Endangered Species Bill of Sale,” from which Zhou was made aware that four of the horns were purchased in Texas and unlawfully transported to New York. Immediately after purchasing the rhinoceros horns, Zhou offered to sell and later sold the horns, to an associate who was a Chinese national residing in the People’s Republic of China for more than $130,000. 

RELATED: Smuggler of rhino horn cups sentenced

Rhino horn is highly valued and used in the traditional medicine systems of many Asian countries, from Malaysia and South Korea to India and China, to cure a variety of ailments. In Traditional Chinese Medicine, the horn, which is shaved or ground into a powder and dissolved in boiling water, is used to treat fever, rheumatism, gout, and other disorders. According to the 16th century Chinese pharmacist Li Shi Chen, the horn could also cure snakebites, hallucinations, typhoid, headaches, carbuncles, vomiting, food poisoning, and “devil possession.” (However, it is not, as commonly believed, prescribed as an aphrodisiac).

“Because of the scourge of wildlife trafficking and those like Mr. Zhou who practice it, there is now a very real possibility that the rhinoceros could disappear from Africa,” said Director Ashe. “We are determined that this never happen and that we don’t leave behind for our children a world without this magnificent wild creature."

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DOJ to increase monitoring of polls; expands to 28 states

KPCC

No matter what language you speak, you have the right to vote!

WITH ANNOUNCEMENTS from fringe elements that they would "monitor" polling places on Nov. 8 to prevent perceived fraud coupled with the intention of several civil rights groups watching for intimidation or suppression of voters, the possibility of these two widely disparate elements might clash and disrupt voting, the Justice Department announced this morning (Oct. 7) that its Civil Rights Division plans to deploy more than 500 personnel to 67 jurisdictions in 28 states for the Nov. 8 general election.

“The bedrock of our democracy is the right to vote, and the Department of Justice works tirelessly to uphold that right not only on Election Day, but every day,” said Attorney General Loretta E. Lynch.

AAPI civil rights organizations have been calling for increased monitoring for fear that Asian/American and Pacific Islander voters might be intimidated by overzealous Trump monitors.

"Voting rights violations continue to threaten Asian American voters," said Glenn D. Magpantay, Asian American Legal Defense & Education Fund's Democracy Program Director. "AALDEF has documented these widespread problems in past elections as recently as the Presidential Primary in 2012. The Justice Department must take steps to ensure that Asian Americans can exercise their right to vote."

Today's announcement boosts the number of observers and monitors from the DOJ. Earlier this year, Justice Department officials said they were sending observers to fewer than five states — and to those locations only because the oversight has been ordered by judges in specific cases.

Still, the number of DOJ observers and monitors is about a third less than the number of people the department had watching the polls in 2012. The reduction is due to the 2013 ruling by the conservative majority of the U.S. Supreme Court striking down a key portion of the Voting Rights Act, which the department says authorized the use of DOJ observers in states and other jurisdictions covered by the law. Those areas were under federal oversight because of past discrimination against voters.

The change also means that of the 500 personnel, fewer DOJ personnel will be stationed inside polling places as official poll observers. Instead, more will be monitoring the election from outside, which gives federal authorities less opportunity to spot irregularities and correct them while individuals are voting.

"In most cases, voters on the ground will see very little practical difference between monitors and observers," said Vanita Gupta, assistant attorney general for civil rights, in a statement. "We work closely and cooperatively with jurisdictions around the country to ensure that trained personnel are able to keep an eye on the proceedings from an immediate vantage point."

Some civil rights groups are concerned about the reduction in observers, in light of increased tensions in this year's elections. Republican candidate Donald Trump has repeatedly said he thinks the election is rigged, and he called on his supporters to go watch the polls for possible cheating. This has raised fears of intimidation of voters, especially minorities.

In addition, a number of states have new voting requirements — such as strict voter ID laws — that civil rights advocates say could cause confusion at the polls and lead to some individuals being denied a chance to vote.

Although state and local governments have primary responsibility for administering elections, the Civil Rights Division is charged with enforcing the federal voting rights laws that protect the rights of all citizens to access the ballot on Election Day. 

"On Election Day itself, lawyers in the Civil Rights Division’s Voting Section will staff a hotline starting in the early hours of the morning, and just as we have sent election monitors in prior elections, we will continue to have a robust election monitors program in place on election day," said Lynch. 

"As always, our personnel will perform these duties impartially, with one goal in mind: to see to it that every eligible voter can participate in our elections to the full extent that federal law provides. The department is deeply committed to the fair and unbiased application of our voting rights laws and we will work tirelessly to ensure that every eligible person that wants to do so is able to cast a ballot.”

Leading up to and throughout Election Day, Civil Rights Division staff members will be available by telephone to receive complaints related to possible violations of the federal voting rights laws (Toll free at 1-800-253-3931 or 202-307-2767 or TTY 202-305-0082). In addition, individuals may also report such complaints by fax to 202-307-3961, by email to voting.section@usdoj.gov
Email links icon and by a complaint form on the department’s website.

RELATED: Fears arise over intimidation, suppression of AAPI voters

Allegations of election fraud are handled by the 94 U.S. Attorneys’ Offices across the country and the Criminal Division’s Public Integrity Section. Complaints may be directed to any of the local U.S. Attorneys’ Offices, the local FBI offices or the Public Integrity Section at 202-514-1412. A list of U.S. Attorneys’ Offices and their telephone numbers can be found at www.justice.gov/usao/find-your-united-states-attorney. A list of FBI offices and accompanying telephone numbers can be found at www.fbi.gov/contact-us.

As always, complaints related to disruption at a polling place should always be reported immediately to local election officials (including officials in the polling place). Complaints related to violence, threats of violence or intimidation at a polling place should be reported immediately to local police authorities by calling 911. They should also be reported to the department after local authorities have been contacted.

On Election Day, the Civil Rights Division will monitor the election on the ground in 67 jurisdictions for compliance with the federal voting rights laws:

Bethel Census Area, Alaska;
Dillingham Census Area, Alaska;
Kusilvak Census Area, Alaska;
Yukon-Koyukuk Census Area, Alaska;
Maricopa County, Arizona;
Navajo County, Arizona;
Alameda County, California;
Napa County, California;
Siskiyou County, California;
East Hartford, Connecticut;
Farmington, Connecticut;
Hartford, Connecticut;
Middletown, Connecticut;
New Britain, Connecticut;
Newington, Connecticut;
West Hartford, Connecticut;
Hillsborough County, Florida;
Lee County, Florida;
Miami-Dade County, Florida;
Orange County, Florida;
Palm Beach County, Florida;
Fulton County, Georgia;
Gwinnett County, Georgia;
Hancock County, Georgia;
Chicago, Illinois;
Cook County, Illinois;
Finney County, Kansas;
Orleans Parish, Louisiana;
Quincy, Massachusetts;
Dearborn Heights, Michigan;
Detroit, Michigan;
Hamtramck, Michigan;
St. Louis, Missouri;
Douglas County, Nebraska;
Mineral County, Nevada;
Washoe County, Nevada;
Middlesex County, New Jersey;
Cibola County, New Mexico;
Kings County, New York;
Orange County, New York;
Queens County, New York;
Cumberland County, North Carolina;
Forsyth County, North Carolina;
Mecklenburg County, North Carolina;
Robeson County, North Carolina;
Wake County, North Carolina;
Benson County, North Dakota;
Rolette County, North Dakota;
Cuyahoga County, Ohio;
Franklin County, Ohio;
Hamilton County, Ohio;
Allegheny County, Pennsylvania;
Lehigh County, Pennsylvania;
Philadelphia County, Pennsylvania;
Pawtucket, Rhode Island;
Providence, Rhode Island;
Bennett County, South Dakota;
Jackson County, South Dakota;
Oglala Lakota County, South Dakota;
Shelby County, Tennessee;
Dallas County, Texas;
Harris County, Texas;
Waller County, Texas;
San Juan County, Utah;
Fairfax County, Virginia;
Prince William County, Virginia, and
Milwaukee, Wisconsin.

The DOJ will gather information on, among other things:

• Whether voters are subject to different voting qualifications or procedures on the basis of race, color or membership in a language minority group; 
• Whether jurisdictions are complying with the minority language provisions of the Voting Rights Act;
• Whether jurisdictions permit voters to receive assistance by a person of his or her choice if the voter is blind, has a disability or is unable to read or write; 
• Whether jurisdictions provide polling locations and voting systems allowing voters with disabilities to cast a private and independent ballot; whether jurisdictions comply with the voter registration list requirements of the National Voter Registration Act; and 
• Whether jurisdictions comply with the provisional ballot requirements of the Help America Vote Act.  

To assist in these inquiries, the DOJ has deployed personnel who speak Spanish and a variety of Asian and Native American languages. Department personnel will also maintain contact with local election officials.

Last month, the Justice Department announced efforts to ensure that all qualified voters have the opportunity to cast their ballots and have their votes counted free of discrimination, intimidation or fraud in the election process. 

More information about the Voting Rights Act and other federal voting rights laws is available on the Civil Rights Division’s website at www.justice.gov/crt/voting-section.

17 indicted for sex trafficking & exploiting hundreds of Thai 'slaves'

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Man sentenced for attempting to send U.S. military technology to Pakistan

Drone technology used by the U.S. military is highly sought by foreign governments.

A PAKISTANI national was sentenced today (Sept. 2 )to 33 months in prison by U.S. District Judge Rosemary Marquez of the District of Arizona. Syed Vaqar Ashraf of Lahore, Pakistan,  reviously pleaded guilty to conspiracy to illegally export technology used by U.S. military drones.
Ashraf, 71, attempted to procure gyroscopes and illegally ship them to Pakistan so they could be used by the Pakistani military, according to Assistant Attorney General for National Security John P. Carlin and U.S. Attorney John S. Leonardo of the District of Arizona.

In an effort to evade detection, Ashraf arranged for the gyroscopes to be purchased in the name of a shell company and caused the gyroscopes to be transshipped to Belgium. 

Ashraf then traveled to Belgium to inspect the gyroscopes and arrange for their final transport to Pakistan. 

On Aug. 26, 2014, Ashraf was arrested by the Belgium Federal Police at the request of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) agents, who had been conducting an undercover investigation of Ashraf’s activities. 

Earlier this summer, Wenxia Man, was convicted in a San Diego court and sentenced to four years of prison for trying to send similar technology to China.

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California woman sentenced to four years for trying to export military technology to China

The technology for a missile-carrying drone like the one pictured was in danger of being sent to China.

A SAN DIEGO woman, Wenxia Man, aka Wency Man, 45,  was sentenced today to four years and two months for conspiring to export and cause the export of fighter jet engines, an unmanned aerial vehicle – commonly known as a drone – and related technical data to the People’s Republic of China in violation of the Arms Export Control Act.

On June 9, 2016, Man was convicted by a federal jury in the Southern District of Florida of one count of conspiring to export and cause the export of defense articles without the required license.

RELATED:

• Chinese national found guilty of smuggling military hardware
• Woman convicted of conspiring to export high-tech military secrets
• Chinese national found guilty of helping foreigners hack military secrets
• FBI employee pleads guilty of spying for China
• Asian/American scientists suffer from false accusations of being spies

According to evidence presented at trial, between approximately March 2011 and June 2013, Man conspired with Xinsheng Zhang, who was located in China, to illegally acquire and export to China defense articles including: Pratt & Whitney F135-PW-100 engines used in the F-35 Joint Strike Fighter; Pratt & Whitney F119-PW-100 turbofan engines used in the F-22 Raptor fighter jet; General Electric F110-GE-132 engines designed for the F-16 fighter jet; the General Atomics MQ-9 Reaper/Predator B Unmanned Aerial Vehicle, capable of firing Hellfire Missiles; and technical data for each of these defense articles. 

During the course of the investigation, when talking to an undercover HSI agent, Man referred to Zhang as a “technology spy” who worked on behalf of the Chinese military to copy items obtained from other countries and stated that he was particularly interested in stealth technology.

Commission on Civil Rights ask probe of possible racial profiling of Chinese/American scientists

Sherry Chen, left and Xiaoxing Xi, right, at a press conference after espionage charges against them were dropped.

THE U.S. Commission on Civil Rights is joining the call by Asian/American members of Congress and civil rights organization for an investigation on the targeting and prosecution of Chinese Americans suspected of spying.

"We are concerned that these cases may reflect insufficient supervision, due diligence and expertise in investigating before arresting our fellow citizens and tainting them and their families with the charge of disloyalty," stated a July 15 letter to Michael E. Horowitz, Inspector General of the U.S. Department of Justice.

The commission members cited the cases of Temple University professor Xiaoxing Xi and National Weather Service hydrologist Sherry Chen, both of whom had espionage charges dropped because of insufficient evidence and investigators didn't understand the science they believed the two were releasing to foreign governments.

"The nature of these charges have a long term devastating impact on the careers and the families of those wrongly accused who have yet to receive a formal apology from the Department of Justice," said the letter. "In this highly racially charged environment, they also have the potential to harm the communities from which these scientists come and undermine the credibility of the Department of Justice."

RELATED: Asian/American scientists still feeling impact of trauma

Earlier, a June 21 letter from the National Council of Asian Pacific Americans, a coalition of 35  AAPI civil rights agencies expressed similar concerns, about “... the apparent practice of racial profiling in national espionage cases. Both Sherry Chen and Professor Xi’s cases highlight the very human costs of charges brought to court with insufficient evidence,” said Ken Lee, Chief Executive Officer of the Organization of Chinese Americans. “The treatment that both of them endured must never happen again."

No one is denying that there are foreign governments trying to U.S. military technology and secrets. The DOJ has been able to investigate and prosecute several of those cases. What concerns the Commission and the AAPI community is that investigators may be using racial profiling rather than hard evidence to prosecute individuals.

RELATED: Spy charges against Taiwanese/American

In November last year, 40 members of Congress called on the U.S. Attorney General to investigate whether race or ethnicity played a role in the accusations of espionage faced by Xi and Chen.

Meanwhile, the scientists are still suffering from repercussions from the accusations. Chen did not get her old job back. In May 2016, Chen filed a discrimination complaint against the Commerce Department.

Xi returned to work  but his family is still feeling the trauma. He wrote on his website: "I hope my elder daughter Joyce can again focus on her college work without being occupied by trying to tell everybody that her dad is not a spy. I hope my younger daughter Sarah can start healing from the trauma of seeing armed agents burst into our home and her daddy taken away in handcuffs. I hope my students can now finish their degree work without being concerned about having a 'criminal' as their advisor."

There have been no apologies from the DOJ for their actions even though they were clearly in the wrong. Only in the case of Los Alamos National Lab scientist Wen Ho Lee, who was also falsely accused, did the judge apologize.

"We want to make sure this doesn't keep happening to the community," said Rep. Ted Lieu, D-Calif. "When you have Asia/ Americans being targeted for espionage for taking actions that otherwise would not be suspicious if they weren't Asian Americans, then you have a problem."

The U.S. Commission on Civil Rights is an independent, bipartisan agency charged with advising the President and Congress on civil rights matters and issuing a federal civil rights enforcement report.  The Commission letter was signed by the six commissioners: Chairman Martin R. Castro, Robert Achtenberg, Karen K. Narasai, Patricia Timmons-Goodson, David Kladney and Michael Yaki.

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For more news about Asian/Americans & Pacific Islanders, read AsAm News.

Woman convicted of conspiring to Illegally export military technology to China

The technology of a missile-launching drone was one of the items that Wnxia Man tried to import to China.

A CHINESE/AMERICAN WOMAN, Wenxia Man, 45, was convicted today (June 9) by a federal jury in the Southern District of Florida of conspiring high-tech military weapons and related technical data to the People’s Republic of China, in violation of the Arms Export Control Act.

Wenxia Man

Man, a San Diego resident, was found guilty of trying to export an unmanned Hellfire missile-firing drone and jet fighter engines to China via South Florida without the proper license, according to a DOJ press release
“Man was convicted of conspiring to evade U.S. export laws by agreeing to illegally acquire and send to China fighter jet engines, a highly sophisticated military drone and related technical data,” said Assistant Attorney General John Carlin. “Circumventing U.S. laws designed to safeguard our most sensitive materials serves to undermine our national security interests and we will aggressively pursue those who try to do so. I would like to thank the many members of law enforcement whose tireless efforts led to this verdict.”

Man was convicted of plotting to export and cause the export of defense articles without the required license, according to a DOJ press release.

“Protecting our nation from the illegal movement of technology and defense articles is a top national security concern,” said U.S. Attorney Wifredo A. Ferrer. “In the interests of our national defense, the U.S. Attorney’s Office and our law enforcement partners will continue to target for criminal prosecution those who attempt to unlawfully procure military equipment, munitions, tools and materials.”

According to evidence presented at trial, between approximately March 2011 and June 2013, Man conspired with Xinsheng Zhang, who was located in China, to illegally acquire and export to China defense articles including: Pratt & Whitney F135-PW-100 engines used in the F-35 Joint Strike Fighter; Pratt & Whitney F119-PW-100 turbofan engines used in the F-22 Raptor fighter jet; General Electric F110-GE-132 engines designed for the F-16 fighter jet; the General Atomics MQ-9 Reaper/Predator B Unmanned Aerial Vehicle, capable of firing Hellfire Missiles; and technical data for each of these defense articles. 

During the course of the investigation, when talking to an HSI undercover agent, Man referred to Zhang, as a “technology spy” who worked on behalf of the Chinese military to copy items obtained from other countries and stated that he was particularly interested in stealth technology.

Man faces a statutory maximum penalty of 20 years in prison. Sentencing is scheduled for Aug. 19.

Accused as spies, Asian/Am scientists still suffer repercussions even after charges dropped

Spy charges vs. Sherry Chen and Prof. Xiaoxing Xi were dropped but their ordeal continues. 

Reprinted from AsAm News

MORE THAN a year after charges were dropped against two Chinese/American scientists falsely accused of espionage in two separate cases, both remain haunted by their ordeal.

Their cases were profiled in a CBS 60 Minutes report last Sunday and the two have also given recent interviews to the Wall Street Journal and Philly.com.

“We cannot get rid of the thought that the FBI is reading every one of our emails and listening to our phone conversations to find something,” Xiaoxing Xi , 58, said to Philly.com. “I am determined to move on, but that’s there.”

Xi lost his temporary chairmanship of the Physics Department at Temple University after the charges, but remains as a professor. He still struggles to sleep at night.

Unlike Xi, Sherry Chen was unable to get her job back following her suspension from the National Weather Service and has since been fired for the same issues raised in the since dropped Justice Department complaint.

The Wall Street Journal reports she has filed a discrimination suit against the Commerce Department.

“The victim isn’t only me–it’s also our agency,” she said. “I have a lot of work unfinished. My [forecasting] model really saves people’s lives”

“If you took out the China connection, neither of those cases would have ever been brought in a millions years,” said Peter Zeidenberg, an attorney who represented both Chen and Xi. “Everything that has a China connection is scrutinized in a different way.”

Congresswoman Judy Chu (D-CA), chair of the Congressional Asian Pacific American Caucus (CAPAC), points out in a press release that what happened to Xi is not an isolated incident. Within the last 18 months, Chinese American scientists Guoqing Cao, Shuyu Li, Sherry Chen and Xiaoxing Xi have emerged in a string of cases in which espionage-related cases were brought forth and later dropped – without explanation.

“Their lives were turned upside down simply because they were emailing while being Asian American,” said Chu in the CAPAC release that noted the Department of Justice’s new oversight policy in regards to national security-related cases, yet questioned its efficacy. 

“The public is still being denied any investigation explaining why there appears to be a pattern of singling out Asian Americans by federal law enforcement … I demand that the Department of Justice launch a full, independent investigation into the cases of these wrongfully charged individuals. I also look forward to hearing directly from Attorney General (Loretta) Lynch regarding DOJ’s new policy to provide greater oversight on espionage-related cases, and the Department’s plans to avoid such egregious missteps in the future.”

It’s difficult for Chen and Xi to shake their experience from their conscious.

“I see dangers all over the place,” said Xi. “I think I sound very annoyingly paranoid when I talk to my colleagues because I tell them, ‘You better be careful, what you’re doing is dangerous.’ ”

Forty members of congress have called for the Justice Department to conduct an investigation into racial profiling of Asian Americans. So far, Attorney General Loretta Lynch has not responded to the request.
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Woman sentenced for smuggling South Asians into U.S.

Rosa Astrid Umanzor-Lopez was escorted from the courtroom.

A GUATEMALAN woman was sentenced last week to three years in federal prison for conspiracy and human smuggling by bringing Asian Indians through an elaborate network that brought them through Central America and Mexico and into the U.S.

Rosa Astrid Umanzor-Lopez, 36, was extradited to the United States from Guatemala and later pleaded guilty to one count each of conspiracy to smuggle undocumented migrants into the U.S. for profit and human smuggling in the Southern District of Texas. Umanzor-Lopez was sentenced by U.S. District Judge Ewing Werlein Jr. of the Southern District of Texas. 

She is expected to face deportation proceedings following her release from prison.

At the plea hearing in Houston and in related court documents, Umanzor-Lopez admitted that between January 2011 and her arrest in Guatemala on Feb. 4, 2014, she and other conspirators recruited individuals in India who were willing to pay large sums of money to be smuggled into the United States.

For their smuggling operations, Umanzor-Lopez and her co-conspirators used a network of of exploiters to transport groups of undocumented migrants from India through South America and Central America and then into the United States by air travel, automobiles, water craft and foot, she admitted. Umanzor-Lopez also admitted that many of these smuggling events involved illegal entry into the U.S. via the U.S.-Mexico border near McAllen and Laredo, Texas.

Three other members of the conspiracy have also been convicted and sentenced, and a fourth remains a fugitive.

The investigation was conducted under the Extraterritorial Criminal Travel Strike Force (ECT) program, a joint partnership between the Justice Department’s Criminal Division and HSI. The ECT program focuses on human smuggling networks that may present particular national security or public safety risks, or present grave humanitarian concerns. 

Court orders SF noodle company to stop distribution of products

A SAN FRANCISCO-BASED noodle-maker won't be selling any noodles any time soon after federal inspectors found unsanitary conditions in its factory.

The U.S. District Court for the Northern District of California entered a consent decree of permanent injunction against Kun Wo Food Products Inc. and the firm’s co-owners, Zi Xing Liu and Zi Cheng Liu, to prevent the distribution of adulterated rice noodles, the Department of Justice announced Wednesday, April 27.

The DOJ filed a complaint in the Northern District of California on April 12, at the request of the U.S. Food and Drug Administration (FDA). The complaint alleged that the defendants have a history of processing rice noodles under insanitary conditions. The company prepared, processed, manufactured, packed, held and distributed rice noodles to local customers in the San Francisco area, according to the complaint. 

The complaint alleges that Zi Xing Lui has ultimate authority over all of the firm’s operations, including financial expenditures, production processes and employee supervision and that Zi Cheng Liu shares responsibility with Zi Xing Liu for the firm’s production processes and is also responsible for product distribution. 

As part of the settlement, the defendants said that they have ceased receiving, preparing, processing, packing, holding, or distributing any type of food at or from any location. Under the permanent injunction, if the defendants seek to resume such activity, they must first inform FDA, take specific steps to improve the firm’s manufacturing practices, and then receive written approval from FDA.

“Kun Wo Food Products was repeatedly informed that the sanitation practices at its facility were deficient,” said Principal Deputy Assistant Attorney Benjamin C. Mizer, head of the Justice Department’s Civil Division. 

 “The Department of Justice will continue to aggressively pursue food companies and individuals responsible for the production of food under insanitary conditions in order to protect the American people and make sure America’s food supply is safe,” said Mizer.

According to the complaint, a 2016 inspection by FDA documented that defendants failed to take all necessary precautions to prevent food handlers from contaminating food with microorganisms or foreign material. For example, as alleged in the complaint, an employee used the vat containing rice soaking for the day’s production to rinse her bare hands after handling equipment. In addition, as noted in the complaint, during a 2015 inspection, FDA documented employees using the vat containing soaking rice to rinse their bare hands, rags and buckets after using the rags and buckets to clean the production area with detergent. 

The complaint also alleges that employees touched dirty equipment and then used their bare, unwashed hands to grab rice noodles for packaging.

Further, the complaint alleged that during the 2015 inspection, FDA swabbed various surfaces in the firm’s production area, including the buckets used during processing and found the presence of bacterial contamination at the facility -- L. mono was identified on the exterior of one bucket and L. seeligeri was found on the exterior of another bucket. The complaint alleged that the firm’s employees routinely submerged these buckets in the water that contained soaking rice.

L.mono is the bacterium that causes the disease listeriosis. The most serious forms of listeriosis can cause meningitis and septicemia. L. seeligeri does not cause disease; however, it is a marker indicating that conditions are favorable for the survival and growth of L. mono.

Under federal law, food processors are required to comply with current good manufacturing practices provided by FDA regulation. Failure to follow such regulations renders food adulterated under the Federal Food, Drug, and Cosmetic Act. In this matter, the complaint alleged that defendants violated the law by causing food to become adulterated while it was held for sale after shipment of one or more of its components in interstate commerce.

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