The relatively newly created Disruptive Technology Strike Force of the U.S. Department of Justice and U.S. Department of Commerce announced five new cases in May. These are the first cases brought by the new multi-agency task force. The press release, in part, states:
The Justice Department today announced criminal charges in
five cases and four arrests from five different U.S. Attorney’s offices in
connection with the recently launched multi-agency Disruptive Technology Strike
Force.
The Disruptive Technology 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. The Strike Force’s work has led to
the unsealing of charges against multiple defendants in five cases accused of
crimes including export violations, smuggling and theft of trade secrets.
Two of these cases involve the disruption of alleged procurement
networks created to help the Russian military and intelligence services obtain
sensitive technology in violation of U.S. laws. In the Eastern District of New
York, a Greek national was arrested on May 9 for federal crimes in connection
with allegedly acquiring more than 10 different types of sensitive technologies
on behalf of the Russian government and serving as a procurement agent for two
Russian Specially Designated Nationals (SDNs) operating on behalf of Russia’s
intelligence services. In the District of Arizona, two Russian nationals were
arrested for their involvement in a procurement scheme to supply multiple
Russian commercial airline companies – which were subject to bans from engaging
in certain type of commercial transactions – with export-controlled parts and
components, including braking technology.
Two of the other cases announced today charge former software
engineers with stealing software and hardware source code from U.S. tech
companies in order to market it to Chinese competitors. In the Central District
of California, a senior software engineer was arrested on May 5 for theft of
trade secrets for allegedly stealing source code used in metrology software
which is used in “smart” automotive manufacturing equipment. The defendant then
allegedly marketed the stolen technology to multiple Chinese companies. In the
Northern District of California, a citizen of the People’s Republic of China
(PRC) and former Apple engineer is accused of allegedly stealing thousands of
documents containing the source code for software and hardware pertaining to
Apple’s autonomous vehicle technology. This defendant fled to China and is
believed to be working for a PRC-based autonomous vehicle competitor.
The fifth and final case involves a Chinese procurement
network established to provide Iran with materials used in weapons of mass
destruction (WMDs) and ballistic missiles. In the Southern District of New
York, a PRC national is charged with allegedly participating in a scheme to use
his employer to conduct transactions with a U.S. financial institution for the
benefit of a purported Iranian entity, as part of an effort to provide
isostatic graphite, a material used in the production of WMDs, to Iran.
“These charges demonstrate the Justice Department’s commitment
to preventing sensitive technology from falling into the hands of foreign
adversaries, including Russia, China, and Iran,” said Assistant Attorney
General Matthew G. Olsen of the Justice Department’s National Security
Division. “We will not tolerate those who would violate U.S. laws to allow
authoritarian regimes and other hostile nations to use advanced technology to
threaten U.S. national security and undermine democratic values around the
world.”
“Protecting sensitive American technology – like source code
for ‘smart’ automotive manufacturing equipment or items used to develop quantum
cryptography – from being illegally acquired by our adversaries is why we stood
up the Disruptive Technology Strike Force,” said Matthew S. Axelrod, Assistant
Secretary for Export Enforcement at the Department of Commerce. “The Strike
Force actions announced today reflect the core mission of our Export
Enforcement team – keeping our country’s most sensitive technologies out of the
world’s most dangerous hands.”
“The theft of technology and trade secrets from U.S.
companies is a threat to our economic and national security,” said Assistant
Director Suzanne Turner of the FBI’s Counterintelligence Division. “The charges
announced today aren’t the only instances of foreign adversaries trying to
steal our technology. Combating the illegal transfer of technology is one of
the FBI’s highest priorities, and we will continue to work with our federal
partners, including the Department of Commerce, to investigate those who steal
U.S. technology to ultimately use it in weapons that threaten us and our
allies.”
“The protection of sensitive U.S. technologies has been and
continues to be a top priority for HSI,” said Assistant Director James Mancuso
of Homeland Security Investigations. “HSI and the partners of the Strike Force
will ensure that the U.S. maintains its technologic edge to protect the
economic and national security interests of the United States. The Strike Force
will be relentless in its pursuit of bad actors that attempt the theft of any
sensitive U.S. technologies.”
. . .
Today’s actions were coordinated through the Disruptive
Technology Strike Force, 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. Under the leadership of the
Assistant Attorney General for National Security and the Assistant Secretary of
Commerce for Export Enforcement, the Strike Force leverages tools and
authorities across the U.S. Government to enhance the criminal and
administrative enforcement of export control laws.
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.