Mak Sentenced to 24 ½ Years for Conspiracy to Export Defense Articles

A Chinese-born engineer was sentenced to 24 ½ years in federal prison recently after being convicted of conspiracy to export U.S. defense technology to China. In addition, Chi Mak, an engineer who worked on naval propulsion systems, was also found guilty of acting as an unregistered foreign agent, false statements to the FBI, and a number of other charges.^[1]

According to Mak, ''I don't know so much about the law, but I feel I never intend to violate any law at all. I never intend to hurt my country. I love this country. I don't believe I hurt this country. The truth is not like the one the prosecutor says. I still hope for justice.''^[2]

The court held that Mak had lied on immigration and government security clearance forms and committed perjury on the witness stand.^[3]

Ronald Kaye, Mak’s attorney, stated that they would file an appeal within 10 days. Furthermore, Kaye alleges that prosecutors were being overly harsh with his client in order to set an example for the international espionage community and China.^[4]

Mak, a former employee of naval defense contractor Power Paragon, was arrested in late 2005 when FBI agents stopped his brother and sister-in-law as they boarded a flight to China.^[5]

According to investigators three encrypted CDs were found in the couple's luggage. The CD’s contained documents on a submarine propulsion system, a solid-state power switch for ships and a PowerPoint presentation on the future of power electronics.^[6]

During Mak’s trial last year, his attorneys argued that the information was not classified and was often made public at industry conferences that were attended by engineers from all over the world, including China.^[7] In addition, they argued that the information that Mak was purported to be trying to pass to China was outdated and was not functional technology that could be of benefit to China.^[8]

Last year Mak's wife, Rebecca Laiwah Chiu, pleaded guilty to one count of acting as a foreign agent without registering with the U.S. government. She will be deported after serving three years in federal prison.^[9]

Mak’s brother, Tai Mak, pleaded guilty last year to conspiracy to violate export control laws and received a maximum sentence of 10 years in prison.^[10] His wife, Fuk Li, pleaded guilty to aiding and abetting the violation of export control laws and has been placed on probation for three years.^[11] Their son, Yui ''Billy'' Mak, also pleaded guilty to aiding and abetting the violation of export control laws and was sentenced to time already served. All three will also be deported.^[12]

Consipracy to export defense articles is punishable under section 127.1 of the International Trafficking of Arms Regulations. Under this section it is unlawful for anyone to conspire to export, import, reexport or cause to be exported, imported or reexported, any defense article or to furnish any defense service for which a license or written approval is required by this subchapter without first obtaining the required license or written approval from the Office of Defense Trade Controls.^[13] Violation of this section is punishable by a fine for each violation not more than $1,000,000 or imprisonment not more than ten years, or both.^[14]

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,^[15] 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.^[16] Violating this law can be punished with a fine, imprisonment for up to 10 years, or both.^[17]

Making false statements is a federal crime covered by 18 U.S.C. § 1001(a)(2), which makes it a crime for a person, “in any matter within the jurisdiction of the executive” branch of the US government, to knowingly and willfully make any materially false, fictitious, or fraudulent statement or representation. The punishment for violating this section 1001(a) is a fine, imprisonment for up to 5 years, or both.

The culmination of convictions on all these charges led to Mak’s 24 ½ year sentence.

---

[1] The Associated Press, Chinese Born Engineer Convicted of Conspiracy Gets 24 ½ Years in Prison, FOXNews.com, March 24, 2008 (available at http://www.foxnews.com/story/0,2933,341029,00.html).
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] Id.
[11] Id.
[12] Id.
[13] 22 C.F.R. §127.1.
[14] 22 U.S.C. § 2778(c).
[15]18 U.S.C. § 951(d).
[16] Id. at § 951(a).
[17] Id.