Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Case Number: 1:17-cr-00090-RJA-HKS
Judge: Richard J. Arcara
Court: United States District Court for the Western District of New York (Erie County)
Plaintiff's Attorney: United States Attorney’s Office
Description: Buffalo, NY: Criminal defense lawyer represented defendant charged with violation of the Arms Export Control Act.
Aydan Sin a/k/a Hon Chak Gordon Sin a/k/a Andy a/k/a Bullion, 49, of British Columbia, Canada, indicted for violating the Arms Export Control Act.
Assistant U.S. Attorney Aaron J. Mango and Trial Attorney Beaudre Barnes of the Justice Department's National Security Division, who handled the case, stated that between November 2016 and April 2017, the defendant conspired with others, including Guy Deland and Charan Singh, to export defense articles on the United States Munitions List (USML) in violation of United States law.
In November 2016, Singh began communicating with an undercover law enforcement agent (UCA), inquiring about whether the UCA could export firearms from the United States to the United Arab Emirates. During those communications, Sin, Deland, and Singh were advised by the UCA that a license was required from the United States Department of State in order lawfully to export the firearms. The defendants acknowledged the illegality of the attempted exports, provided an encrypted Blackberry device to the UCA for the purpose of secure, covert communications, and wired approximately $70,000 USD from Canada to the United States as a 50% down payment for the export of the goods.
On December 7, 2016, Sin, through telephone and email, requested the gun order include 9mm handguns and Uzi machine guns. On December 9, 2016, Sin told the UCA that rather than get an export license, he wanted the UCA to export the firearms “the wrong way.”
Subsequently, on January 10, 2017, the UCA emailed two revised invoices to Sin and Deland. One invoice was for the export to Dubai of three new Glock 9mm firearms, six magazines, two used Mini Uzi submachine guns, two suppressors, and 1,000 rounds of 9mm ammunition for the firearms, for a total cost of $20,575. The second invoice was for the export to Colombia (thru Panama) of 37 new Glock 9mm firearms, 74 magazines, 13 used Mini Uzi submachine guns, 13 suppressors, and 3,000 rounds of 9mm ammunition for the firearms, for a total cost of $121,175. Both invoices contained language stating that exporting these products was prohibited by law without an export license.
On February 6 and 7, 2017, an undercover bank account, located in the Western District of New York, received two bank wire transfers from a bank account in Canada, each in the amount of $34,990 USD, representing 50% of the total purchase price of the firearms, suppressors, and ammunition.
On March 10, 2017, Sin contacted the UCA and asked if the shipment of guns to Columbia would occur in a few days. On March 20, 2017, the UCA used existing sea freight shipment tracking numbers and told Sin and Deland that the firearms, suppressors, and ammunition were shipped to Jebel Ali, United Arab Emirates, and the shipment of guns to Columbia would occur on March 29, 2017. The UCA also provided them with the tracking information.
The firearms, suppressors, magazines, and ammunitions listed above are defense articles listed on the USML. Prior to the attempted export and export of these defense items from the United States, Sin was aware that an export license was required and at no time did he, or the actual exporter apply for, receive, or possess a license to export the items from the United States.
Charges remain pending against defendants Guy Deland and Charan Singh. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The sentencing is the result of an investigation by Homeland Security investigations, under the direction of Special Agent-in-Charge Kevin Kelly. Additional assistance was provided by the Royal Canadian Mounted Police.
22:2778B.F and 22:2778(c) and 22:121.1 and 22:123.1 and 22:127.1 and 18:2 REGISTRATION AND LICENSING REQUIREMENTS
Outcome: Defendant is committed to the custody of the Bureau of Prisons for a term of 46 months; the cost of incarceration fee is waived. Upon release from imprisonment, Defendant shall be placed on Supervised Release for a term of Three (3) years with conditions. See Judgment for standard, mandatory and special conditions of Supervised Release. Fines waived. Special Assessment $100 due immediately. Government moves to dismiss open counts 1-2 and 4-6 of the Indictment, dismissal is granted.