Calif. Man Sentenced to 15 Months in Prison, Fines & Forfeiture for EAR Violations
A California man was sentenced to 15 months in prison for violations of the Export Administration Regulations by selling export-controlled microwave amplifiers to China without the required license, said Immigration and Customs Enforcement. Fu-Tain Lu was also ordered to serve three years of suspended release, pay a $5,000 fine, and forfeit 36 microwave amplifiers worth $136,000.
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According to Fu-Tain Lu’s 2011 guilty plea, Lu was the owner and founder of Fushine Technology, a California corporation that exported electronic components used in communications, radar, and other applications. Fushine had a sales representative agreement with Miteq Components, a N.Y.-based manufacturer of microwave and satellite communications components and subsystems, ICE said.
Lu admitted that in 2004, Fushine submitted a purchase order to Miteq for one microwave amplifier and requested that Miteq notify Fushine immediately if an export license was required, ICE said. Miteq responded that the part was controlled for export to China. Nonetheless, Fushine exported the amplifier to co-defendant Everjet Science and Technology Corp., located in China, without obtaining a license or license exception from the Bureau of Industry and Security, ICE said. Lu also admitted knowing that the amplifier he shipped was restricted for export to China for reasons of national security, it said.
The indictment also charged Lu with conspiring to violate U.S. export regulations and lying to federal agents who were investigating the allegation, ICE said. The indictment alleged the defendants knew about the licensing restrictions and sought to circumvent them by lying about the recipient as well as the intended end-use for the item being shipped, it said. The court specifically found that Lu had lied to investigators about other things, including his relationship with Everjet.