Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Case Number: 1:20-cr-00043
Judge: John J. McConnell, Jr.
Court: United States District Court for the District of Rhode Island (Provide3nce County)
Plaintiff's Attorney: United States Attorney’s Office in Providence
Description: Providence, Rhode Island criminal defense lawyer represented Defendants charged with concealing information from the U.S. Department of Commerce and from U.S. Customs and Border Protection as part of a scheme to illegally export chemicals manufactured and/or distributed by a Rhode Island-based company to a technology company in China with ties to the Chinese military.
Tao Jiang, aka Jason Jiang, 53, of Riverside, CA, and Broad Tech Systems pleaded guilty on January 11, 2023, to charges of conspiracy, violation of the Export Control Act, and money laundering conspiracy. Jiang was ordered by U.S. District Court Chief Judge John J. McConnell, Jr., to serve one year of federal probation, to pay a fine of $5,500, and to perform 100 hours of community service; Broad Tech Systems was placed on federal probation for one year and ordered to pay a fine of $120,000.
Additionally, Jiang and Broad Tech Systems were ordered to implement ethics and training programs for all officers and employees of Mr. Jiang and his companies; and to hire an employee whose responsibility is to monitor Broad Tech, and all companies owned by Mr. Jiang, to ensure that his companies and his employees are in full compliance with U.S. laws and regulations.
In pleading guilty, Jiang and Broad Tech System admitted to a federal judge that they conspired together, as well as with Bohr Winn-Shih, an engineer employed at Broad Tech System, to order the chemicals Photoresist and HPRD (Developer) from a North Kingstown-based manufacturer, and then knowingly submitted false and misleading documentation to the U.S. Government and to shipping companies in an effort to have those products illegally shipped to a company in China, in violation of the Export Control Reform Act.
The intended recipient of the shipment, a state-owned Chinese entity in Nanjing, China, mainly engages in the manufacturing of electronic components and research, development and production of core chips and key components that are used in China’s military strategic early warning systems, air defense systems, airborne fire control systems, manned space systems, and other large-scale national projects. Photoresist and HPRD are essential to the chip manufacturing process.
The Chinese company that was intended to receive these products is on a U.S. government list of businesses that are not permitted to receive products manufactured in the United States.
In October 2018, the Customs and Border Protection National Targeting Center alerted the U.S. Department of Commerce (DOC) of an intended export of 58 gallons of Photoresist to the China-based company. The product was returned to the manufacturer. Several days after the shipment was halted, the Rhode Island manufacturer received a call from Jiang, acting on behalf of Broad Tech System, seeking to purchase 94 gallons of Photoresist, and asking that it be shipped to a different China-based company. The manufacturer communicated to DOC agents that they found this to be suspicious because they had not done business with Broad Tech in the past; the quantity of Photoresist ordered was unusually significant; and the request came just days after the first shipment had been recalled. It was determined by DOC agents that Jiang, Shih and Broad Tech concealed the intended recipient, and that the shipment’s final destination was actually the Nanjing-based company controlled by the Chinese government.
On January 29, 2019, Broad Tech received a wire transfer of $65,984 to its bank account within the United States, representing payment for the 58 gallons of Photoresist. It was determined that the wire transfer originated from an account controlled by the Nanjing, China-based company.
Bohr Winn-Shih, 65, of Ontario, CA, pleaded guilty on May 11, 2021. Winn-Shih was sentenced on August 3, 2021, to one year of probation.
The cases were prosecuted by Assistant U.S. Attorney Paul F. Daly, Jr.
The matter was investigated by the U.S. Department of Commerce and U.S. Customs and Border Protection.
18:371 and 2 - CONSPIRACY TO DEFRAUD THE UNITED STATES
50:4819 and 15 C.F.R. 764.2 - VIOLATION OF THE EXPORT REFORM CONTROL ACT
18:1956(h) and 2 - MONEY LAUNDERING CONSPIRACY
Outcome: The defendant is sentenced to a term of 1 year of Probation with special conditions as to all counts, to run concurrently with each other; Special Assessment: $300.00; No fine imposed.