16 Foreign Nationals and Corporations Indicted in Miami on Charges of Illegally Exporting Potential Military and Explosives Components to Iran
AmericasNewsToday reported that 16 foreign nationals and corporations have been indicted in Miami on charges of illegally exporting potential military and explosives components to Iran. I reproduce here below the entire article: “A federal grand jury in Miami, Fla., has returned a Superseding Indictment charging eight individuals and eight corporations in connection with their participation in conspiracies to export U.S.-manufactured commodities to prohibited entities and to Iran. The defendants are named in a thirteen (13) count Indictment – returned on Sept. 11, 2008 and unsealed today -- that includes charges of conspiracy, violations of the International Emergency Economic Powers Act and the United States Iran Embargo, and making false statements to federal agencies in connection with the export of thousands of U.S. goods to Iran. The charges were announced today by R. Alexander Acosta, U.S. Attorney for the Southern District of Florida; Patrick Rowan, Acting Assistant Attorney General for National Security, U.S. Department of Justice; Mario Mancuso, Under Secretary of Commerce for Industry and Security, U.S. Department of Commerce; Adam Szubin, Director, Department of the Treasury, Office of Foreign Assets Control (OFAC); Sharon Woods, Director, Defense Criminal Investigative Service (DCIS); and Julie L. Myers, Homeland Security Assistant Secretary for U.S. Immigration and Customs Enforcement (ICE). The Superseding Indictment alleges that the defendants purchased, and then illegally exported to ultimate buyers in Iran, numerous "dual use" commodities. "Dual-use" commodities are goods and technologies that have commercial application, but could also be used to further the military or nuclear potential of other nations and could be detrimental to the foreign policy or national security of the United States. In this regard, the Superseding Indictment alleges that the defendants caused the export of 120 field-programmable gate arrays, more than 5000 integrated circuits of varying types, approximately 345 Global Positioning Systems ("GPS"), 12,000 Microchip brand micro-controllers, and a Field Communicator. All of these items have potential military applications, including as components in the construction of improvised explosive devices (IEDs). The charges announced today are the result of an extensive inter-agency investigation into the use of U.S.-made goods in the construction of IEDs and other explosive devices used against Coalition Forces in Iraq and Afghanistan. Charged in the Superseding Indictment are: Ali Akbar Yahya, an Iranian national and naturalized British citizen; F.N. Yaghmaei, a/k/a " Farrokh Nia Yaghmaei," an Iranian national; Mayrow General Trading, Atlinx Electronics, Micatic General Trading, Madjico Micro Electronics, a/k/a "MME," and Al-Faris, all Dubai-based businesses; Neda Industrial Group, an Iran-based business; Bahman Ghandi, a/k/a "Brian Ghandi," an Iranian national; Farshid Gillardian, a/k/a "Isaac Gillardian," a/k/a "Isaac Gill," an Iranian national and a naturalized British citizen; Kaam Chee Mun, a/k/a "Brian Kaam," a resident of Malaysia; Djamshid Nezhad, a/k/a "Reza," a resident of Germany; Ahmad Rahzad, a/k/a "Saeb Karim," an Iranian national; Majid Seif, a/k/a "Mark Ong,"a/k/a "Matti Chong," an Iranian national residing in Malaysia; and Eco Biochem Sdn BHD and Vast Solution Sdn BHD, Malaysian businesses. The defendants are charged with purchasing and causing the export of U.S. goods to Iran through middle countries, including the United Arab Emirates, Malaysia, England, Germany, and Singapore. More specifically, the charges in the Indictment are as follows:
• Count 1 of the Superseding Indictment charges defendants Yahya, Yaghmaei, Mayrow General Trading, Atlinx Electronics, Micatic General Trading, Majidco Micro Electronics, Al-Faris, and Neda Industrial Group with conspiracy to export goods to Iran and to defraud the United States, in violation of the International Emergency Economic Powers Act, Title 50, United States Code, Sections 1702 and 1705(a), the United States Iran Embargo, and the Export Administration Regulations, and Title 18, United States Code, Section 371.
• Counts 2 through 5 charge defendants Yahya, Yaghmaei, Micatic, and Mayrow with exporting U.S. goods from the United States to Iran, in violation of the International Emergency Economic Powers Act and the United States Iran Embargo.
• Counts 6 through 8 charge defendants Yahya, Yaghmaei, Majidco, Micatic, and Mayrow with making false statements in federally mandated shipping documents regarding the ultimate destination and use of the goods, in violation of Title 18, United States Code, Section 1001(a)(2).
• Count 9 charges defendants Yahya, Mayrow, Al-Faris, Ghandi, Gillardian, Mun, Nezhad, Rahzad, Seif, Eco Biochem, and Vast Solution with conspiracy to export goods to Iran, in violation of the International Emergency Economic Powers Act, Title 50 United States Code, Sections 1702 and 1705(a), the United States Iran Embargo, and the Export Administration Regulations, and to defraud the United States, in violation of Title 18, United States Code, Section 371.
• Counts 10 and 11 charge defendants Al-Faris, Seif, and Vast Solution with exporting U.S. goods from the United States to Iran, in violation of the International Emergency Economic Powers Act and the United States Iran Embargo.
• Counts 12 and 13 charge defendant Seif with making false statements by misrepresenting the ultimate destination and use of the goods on Federal Form BS-711 Statement By Ultimate Consignee and Purchaser, in violation of Title 18, United States Code, Section 1001(a)(2).
U.S. Attorney Alex Acosta stated, "The dual use items that the defendants illegally exported to Iran have military applications, including the making of improvised explosive devices. I urge any domestic supplier who may have unwittingly helped the defendants, or others like them, to come forth and report the matter to federal law enforcement. We cannot profit at the expense of our soldiers’ safety abroad. The United States Attorney’s Office will continue to investigate this matter as additional information is uncovered." "Today's indictment details the global reach of Iranian procurement networks and underscores, in dramatic terms, the importance of keeping sensitive U.S. technology out of their grasp," said Patrick Rowan, Acting Assistant Attorney General for National Security at the U.S. Department of Justice. "This extensive, effective government effort has broken up a lethal international ring seeking to harm American and allied forces as well as innocent civilians by acquiring sensitive U.S. technology capable of producing improvised explosive devices (IED) similar to those being used in Iraq and Afghanistan," said Mario Mancuso, Under Secretary of Commerce for Industry and Security. "The Commerce Department remains firmly committed to protect our forces by prosecuting those who try to do them harm, and today’s action illustrates the broad scope of that endeavor." Adam Szubin, Director of the Department of the Treasury’s Office of Foreign Assets Control, added, "The U.S. Government is wielding a powerful array of authorities against Iran's proliferation supply chain. In concert with today's unsealed indictment against Iran's suppliers and middlemen, Treasury is levying sanctions against Iranian military end-users that procured goods from those named in today's indictment. Together, the actions of the Justice, Commerce, and Treasury Departments will expose Iran's proxies to the world and undermine its procurement activities." Sharon Woods, Director of the Defense Criminal Investigative Service of the Department of Defense Office of Inspector General, stated, "The illegal diversion of U.S. military technologies through deception, by domestic and foreign companies, poses a significant danger to America's soldiers on the battlefield. These illegally exported goods provided our enemies with necessary components to manufacture improvised explosive devices, designed to kill and maim U.S. troops and allies. The Pentagon's Defense Criminal Investigative Service and its investigative partners will continue to pursue and expose these hidden enemies to help protect our soldiers as we fight against global terrorism." "The national security implications of this case cannot be underestimated," said Julie L. Myers, Homeland Security Assistant Secretary for ICE. "The export of dual use technology is controlled for good reason. In the wrong hands, these items could be used to harm our soldiers, our homeland, and our allies. Enforcing U.S. export laws is one of our top priorities, and we will continue to work with our law enforcement partners to ensure that those who put our country at risk are brought to justice. "If convicted on the conspiracy charges, the defendants each face a statutory maximum sentence of up to five (5) years’ imprisonment. If convicted of violating the International Emergency Economic Powers Act and the Iran Embargo, the defendants face a statutory maximum sentence of up to twenty (20) years’ imprisonment. If convicted of making false statements, the defendants face a statutory maximum sentence of up to five (5) years’ imprisonment. In addition, the defendants face possible fines of up to $1 million. Acosta commended the investigative efforts of the U.S. Department of Commerce, which led this investigation, the Office of Foreign Assets Control of Department of the Treasury, the Defense Criminal Investigative Service, and U.S. Immigration and Customs Enforcement, Office of Investigations, for their work on this case. The case is being prosecuted by Assistant U.S. Attorney Melissa Damian. Anyone with information regarding the activities of these defendants or others like them should contact the Commerce Department by calling 1-800-424-2980. On the Web: http://www.bis.doc.gov/.”
The U.S. District Court for the Middle District of Florida certified as the 
class all migrant and seasonal agricultural workers employed on a "piece-rate" basis at the Florida operations of Ag-Mart Produce Inc. from June 1, 2005, through July 31, 2006. On July 18, the federal district court certified a plaintiff class of Mexican agricultural workers who sued a Florida tomato grower for allegedly paying them less than minimum wage (Mesa v. Ag-Mart Produce Inc., M.D. Fla., No. 2:07-CV-47-FtM-34DNF, class certified 7/18/08). Piece-rate tasks included laying plastic, irrigation, planting, staking, tying, picking, and removing plastic and stakes after harvest, according to the six-page order signed by Judge Marcia Morales Howard. The order adopted the March report and recommendations by a magistrate judge that the class of potentially 3,000 plaintiffs be certified on counts contained in a 2007 civil complaint alleging that the company routinely paid the workers less than the minimum wage mandated by the Fair Labor Standards Act and the Florida Minimum Wage Act. The defendant company, which operates as Santa Sweets Inc. in its grape tomato growing operations in Florida, also allegedly 
violated the recordkeeping, wage statement, and payment provisions of the Migrant and Seasonal Agricultural Worker Protection Act, according to the lawsuit filed by attorneys for the Migrant Farmworker Justice Project. The lawsuit, with 177 named plaintiffs, also alleges minimum wage violations of the FLSA but does not seek class certification, as that law provides its own statutory framework for collective actions, the magistrate's report noted.
On July 7, 2008, the Chattanooga Times/Free, reported that “a federal judge has suggested that when two men used false Social Security cards to gain employment at the local Pilgrim's Pride plant, they might not have technically broken the law.” Further, the Chattanooga Times/Free goes on to state that “U.S. District Judge Harry S. Mattice’s revelation that Social Security cards are not necessarily valid forms of identification, however, sent the defense back to the drawing board with no complaints from the federal government. Judge Mattice recalled a 2003 case in which the .jpg)
government prosecuted Tyson Foods for hiring illegal immigrants. In that case, U.S. District Judge R. Allan Edgar dismissed certain charges with regard to the use of a Social Security card, ruling that a certain section of U.S. immigration law does not list the document as a valid form of I.D. ‘This is an issue that will have to be decided by a higher court,’ Judge Mattice said. ‘I'm not sure you can base this charge on a false Social Security card.’ ” Although it is too early to tell, if Federal District Judge Mattice’s conclusions were to be upheld in the end by a higher court, this could impose a significant roadblock for I-9 enforcement.
