The arrests were the result of a joint investigation by the FBI, the Department of
Commerce, and U.S. Immigration and Customs Enforcement (ICE). A15-count
indictment, which was returned by a federal grand jury in the District of Columbia
and unsealed on March 23, charges the defendants with violating the International
Emergency Economic Powers Act and the Arms Export Control Act and with acting
as illegal agents of a foreign government. The indictment also charges AKN Prasad
of Bangalore, India, and Sampath Sundar, 47, of Singapore, for their roles in the
offenses.
"The FBI wishes to thank the Department of Commerce and the Department of
Immigration and Customs Enforcement for their invaluable assistance in this
investigation,” stated Joseph Persichini, Jr., Assistant Director in Charge, FBI
Washington Field Office. “This indictment would not have been possible without
their team effort. In addition, the FBI remains committed to ensure the safety and
security of our nation's technology."
“This case clearly demonstrates that the United States will aggressively investigate
and prosecute those who illegally procure and export components for space launch
vehicle and ballistic missile programs, even when they attempt to mask their illegal
activities by diverting sensitive components through third countries," said Darryl W.
Jackson, Assistant Secretary for Export Enforcement at the Commerce Department.
Among the foreign entities involved are the Vikram Sarabhai Space Centre
(“VSSC”) and Bharat Dynamics, Ltd. (“BDL”). Exports of U.S. origin commodities
subject to the Export Administration Regulations of the Department of Commerce
to these entities are restricted and require prior authorization in the form of a license
from the Department of Commerce.
The indictment alleges that, between 2002 and 2006, the defendants acquired in the
United States for VSSC and BDL electrical components that could have
applications in missile guidance and firing systems. According to the indictment, the
defendants concealed from vendors the true end-users of the goods. In particular,
the indictment alleges how, in the case of one vendor, Cirrus provided the company
with fraudulent certificates that claimed that the end-user in India was a non-
restricted entity, when, in fact, the items were for VSSC.
According to the indictment, there were no export licenses for any of the shipments
to VSSC and BDL. The indictment alleges that, to further to conceal from the U.S.
government that goods were going to entities in India on the Department of
Commerce Entities List, Cirrus would route the products through its Singapore
office and then send the packages on to India.
They also thanked Assistant U.S. Attorney Max Cauthen of the District of South
Carolina and Senior Trial Attorney Clifford I. Rones of the Counterespionage
Section of the Department of Justice’s National Security Division for their
assistance with the case. Lastly, they commended Assistant U.S. Jay I. Bratt, who is
handling the prosecution.
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