National Security Crimes—Chinese Espionage

Coupled with yesterday’s announcement that a Taiwanese businessman, Ko-Suen “Bill” Moo, had acted as an agent of a foreign power and had tried to purchase “sophisticated military parts and weapons, including an F-16 fighter jet engine and cruise missiles,”^[1] it is being reported that China “is running aggressive and wide-ranging espionage operations aimed at stealing U.S. weapons technology that could be useful against U.S. forces.”^[2] While China may be the leading espionage threat, the United States has “also detected an expansion of spy networks run by Russia, Cuba, and Iran targeting the U.S. government, and in the case of Iran, U.S. military technology.”^[3] According to the US government, China has “’put out a shopping list’ of weapons and components it is seeking to arms dealers and middlemen,” who are often ethnic Chinese, “operate out of shell companies in the USA.”^[4] The shopping list allegedly includes “night-vision gear, radar-evading and radar- and communications-jamming equipment, missile-guidance systems and torpedoes.”^[5]

In the past two years, 25 Chinese nationals or Chinese Americans have been arrested, which is “an unprecedented level of espionage compared to prior years.”^[6] We have previously discussed some of the more high-profile cases, such as Chao Tung Wu and Yi Qing Chen, and Tai Wang Mak and Chi Mak.

Mr. Moo pleaded guilty yesterday to being a cover Chinese agent, and for conspiring to purchase, among other things, “the AGM-129 cruise missile, which has stealth technology and can carry nuclear warheads 2,300 miles,” and the AIM-120 “AMRAAM” air-to-air missile,^[7] which is capable of reaching speeds of Mach 4 and has a range of over 30 miles.^[8] He also pleaded guilty to attempting to pay a $500,000 bribe to win his release from custody.^[9] Mr. Moo had been working in Taiwan for 10 years as a representative for U.S. defense contractor Lockheed Martin.^[10]

An agent of a foreign government is defined as an individual who agrees to operate within the United States subject to the direction or control of a foreign government or official,^[11] and it is a crime for a person to act in the United States as an agent of a foreign government without prior notification to the Attorney General.^[12] Violating this law can be punished with a fine, imprisonment for up to 10 years, or both.^[13]

If Mr. Moo’s case had gone to trial on the arms trafficking conspiracy charge, the government would have had to prove beyond a reasonable doubt that

• the defendant and at least one other person conspired to export articles;
• the articles were listed in the United States Munitions List at the time of import or export
• the defendant and at least one other person conspired to export the articles without obtaining a license or written approval from the State Department;
• the defendant made an overt act in furtherance of the conspiracy; and
• the defendant acted willfully, that is, that the defendant knew the license or approval was required, and intended to violate the law by conspiring to export the articles without the license or approval.^[14]

The punishment for conspiracy to traffic in arms is a fine, imprisonment for up to five years, or both.

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[1] Chinese Agent Tried to Buy U.S. Cruise Missile, Associated Press (via CNN.com), May 17, 2006.
[2] John Diamond, China Broadens Espionage Operations, USA Today, May 17, 2006.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] AP, supra note 1.
[8] Federation of American Scientists, AIM-120 AMRAAM Slammer, FAS Military Analysis Network, Apr. 14, 2000 (last visited May 18, 2006).
[9] AP, supra note 1.
[10] Id.
[11] 18 U.S.C. § 951(d).
[12] Id. § 951(a).
[13] Id.
[14] See 22 U.S.C. § 2778 and 18 U.S.C. § 371.