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加拿大教授石怡祥卷入中美贸战 美方要求引渡美国


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7/05/2019

教授石怡祥卷入中美贸战 美方要求引渡美国

消息人士声称,美国当局正寻求引渡石怡祥。网上图片

美国当局正在寻求引渡本国麦吉尔大学(McGill University)退休工程学教授石怡祥(Ishiang Shih,译音)到美国,指控他串谋非法把美国制造的电脑机芯片送到中国,并可能用于军事用途。

兄长石怡慈已被控罪成 9月判刑

石怡祥在2018年初与同是工程师的63岁哥哥石怡慈(Yi-Chi Shih,译音)一起被起诉。最近,在加州一所大学任兼职教授的石怡慈,因为涉嫌把电脑芯片交予中国的罪行而被定罪,并将于9月判刑,面临多达219年的监禁。

美国助理检察长德默斯(John Demers)声称,被告石怡慈策划把可用作军方和民用的半导体出口到中国,然后向美国联邦当局撒谎。据《国家邮报》(The National Post)报道,消息人士指出,美国已要求加拿大引渡石怡祥到美国。他本在麦吉尔大学担任教授,去年退休。


不过,为石怡慈辩护的律师斯珀特斯(James Spertus)表示,整个案件的指控都是捏造,例如他的当事人及弟弟被指控欺骗一家美国公司制造先进的半导体,然后非法出口到中国,但是无听说同一家美国公司在中国有大规模运作。

辩护律师称藉中美贸战捏造指控

斯珀特斯声称,他认为正值中美贸战,某一方旨在借此案向中国发出讯息,而该对来自台湾的兄弟被无辜卷入其中。

西方国家指责北京,以各种方式掠夺外国技术和其他知识产权,以养活其民用和军事工业。
负责处理该案的加利福尼亚中央区美国检察官办公室,拒绝就是否引渡石怡祥一事置评。

有满地可律师指出,加拿大当局迄未就相关的引渡请求采取行动。


原文链接>>




Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Tuesday, July 2, 2019

Electrical Engineer Convicted of Conspiring to Illegally Export to China Semiconductor Chips with Missile Guidance Applications

An electrical engineer has been found guilty of multiple federal criminal charges, including engaging in a scheme to illegally obtain integrated circuits with military applications that later were exported to China without the required export license.  Assistant Attorney General for National Security John C. Demers, U.S. Attorney Nicola T. Hanna for the Central District of California and Assistant Director in Charge Paul Delacourt of the FBI’s Los Angeles Field Office made the announcement.

After a six-week trial, Yi-Chi Shih, 64, a part-time Los Angeles resident, was found guilty on June 26 of conspiracy to violate the International Emergency Economic Powers Act (IEEPA), a federal law that makes illegal, among other things, certain unauthorized exports.  The jury also found Shih guilty of mail fraud, wire fraud, subscribing to a false tax return, making false statements to a government agency and conspiracy to gain unauthorized access to a protected computer to obtain information.  Shih was convicted of all 18 counts in a federal grand jury indictment.

United States District Judge Kronstadt, who presided over a trial that spanned seven weeks in Los Angeles, California, decided on Monday that he will later consider the forfeiture allegations in the indictment, where the government is seeking that Shih should forfeit hundreds of thousands of dollars.  Judge Kronstadt discharged the jury that previously had been scheduled today to consider forfeiture allegations against Shih. 

United States District Judge John A. Kronstadt will also schedule a sentencing hearing, where Shih faces a statutory maximum sentence of 219 years in federal prison.

“The Department’s China Initiative is focused on preventing and prosecuting thefts of American technology and intellectual property for the benefit of China,” said Assistant Attorney General Demers.  “The defendant has been found guilty of conspiring to export sensitive semiconductor chips with military applications to China.  I would like to thank the prosecutors and agents, including those from the Royal Canadian Mounted Police, for theirs efforts in this successful investigation and prosecution.”

“This defendant schemed to export to China semiconductors with military and civilian uses, then he lied about it to federal authorities and failed to report income generated by the scheme on his tax returns,” said United States Attorney Nick Hanna. “My office will enforce laws that protect our nation’s intellectual property from being used to benefit foreign adversaries who may compromise our national security.”

“The FBI is committed to protecting institutions from adversaries who seek to steal sensitive American technology under the guise of research,” said Assistant Director in Charge Delacourt.  “We will continue to work collaboratively with our federal partners to identify and hold accountable individuals who plunder our research or intellectual property at the expense of the American people and our national security.”

According to the evidence presented at trial, Shih and co-defendant Kiet Ahn Mai, 65, of Pasadena, California, conspired to illegally provide Shih with unauthorized access to a protected computer of a United States company that manufactured wide-band, high-power semiconductor chips known as monolithic microwave integrated circuits (MMICs).

Shih defrauded the U.S. company out of its proprietary, export-controlled items, including its design services for MMICs, according to trial evidence.  As part of the scheme, Shih accessed the victim company’s computer systems via its web portal after Mai obtained that access by posing as a domestic customer seeking to obtain custom-designed MMICs that would be used solely in the United States.  Shih and Mai concealed Shih’s true intent to transfer the U.S. company’s products to the People’s Republic of China.  The MMICs that Shih sent to China required a license from the Commerce Department before being exported to China, and a license was never sought or obtained for this export.

The victim company’s semiconductor chips have a number of commercial and military applications, and its customers include the Air Force, Navy and the Defense Advanced Research Projects Agency.  MMICs are used in missiles, missile guidance systems, fighter jets, electronic warfare, electronic warfare countermeasures and radar applications.

The semiconductor chips at the heart of this case were shipped to Chengdu GaStone Technology Company (CGTC), a Chinese company that was building a MMIC manufacturing facility in Chengdu.  Shih was the president of CGTC, which in 2014 was placed on the Commerce Department’s Entity List, according to court documents, “due to its involvement in activities contrary to the national security and foreign policy interest of the United States – specifically, that it had been involved in the illicit procurement of commodities and items for unauthorized military end use in China.”

Shih used a Hollywood Hills-based company he controlled – Pullman Lane Productions LLC – to funnel funds provided by Chinese entities to finance the manufacturing of MMICs by the victim company.  Pullman Lane received financing from a Beijing-based company that was placed on the Entity List the same day as CGTC “on the basis of its involvement in activities contrary to the national security and foreign policy interests of the United States,” according to court documents.

Shih and Mai were indicted in this case in January 2018.  Mai pleaded guilty in December 2018 to one felony count of smuggling and is scheduled to be sentenced on September 19, at which time he will face a statutory maximum sentence of 10 years in federal prison.

This case was investigated by the Federal Bureau of Investigation; the U.S. Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement; and IRS Criminal Investigation, with assistance from the Royal  Canadian Mounted Police.

The matter is being prosecuted by Assistant United States Attorneys Judith A. Heinz, Melanie Sartoris, Khaldoun Shobaki and William Rollins of the National Security Division, Assistant United States Attorney James C. Hughes of the Major Frauds Section, Assistant United States Attorney John J. Kucera of the Asset Forfeiture Section, and Trial Attorney Matthew Walczewski of the Department of Justice’s National Security Division.







6/28/2019

美国芯片至中国的华裔教授被定罪


加州大学洛杉矶分校教授石怡驰(音译,Yi-Chi Shih,左)和他在加拿大的兄弟、蒙特利尔麦吉尔大学的教授石怡祥(音译,Ishiang Shih)。 (UCLA/McGill 网站)

加州大学洛杉矶分校(University of California, Los Angeles,UCLA)的工程学兼任教授石怡驰(音译,Yi-Chi Shih)周三(6月26日)被定罪“非法向中国出口军事应用的计算机芯片”。

法庭文件显示,63岁的台裔石怡驰只有部分时间住在洛杉矶。洛杉矶联邦法院进行了为期三周的审判后,于周三判定他有罪。陪审团预计会在下周对政府要求没收其75万美元财产的申请进行裁定。

石怡驰被控从2005年初起,开始将限制级的技术产品运往中国。检方说,从那时一直到2009年,石怡驰将多个军事级芯片在新加坡交给他在中国的联系人,有时则将芯片交给中国国际航空在洛杉矶的飞行员带去中国。

美国联邦调查局(FBI)于2018年1月逮捕了石怡驰及其64岁的同伙帕萨迪纳居民梅杰安(音译,Kiet Anh Mai)。梅杰安对联邦走私指控认罪,将在9月宣判。



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检方说,梅杰安曾在两家公司与石怡驰是同事关系,他假扮成美国客户,从美国一家特殊芯片制造公司购买单片微波集成电路高速芯片MMIC,假称芯片是要在美国国内使用,但实际上是交由石怡驰运往了中国。

梅杰安购买芯片后,石怡驰及弟弟石怡祥(音译,Ishiang Shih,台裔加拿大人)名下的两家公司会把购买芯片的钱付给梅杰安。之后,由石怡驰负责安排芯片运往中国,有时是先交给石怡祥,最终转给中国成都的嘉石科技公司(CGTC)。

而事实上,石怡驰是四川嘉石科技公司的总裁,该公司在成都建了一个MMIC制造厂。美国商务部在2014年就已将嘉石公司的名字列入“强制出口管制”的外国公司名单,因为CGTC非法将敏感技术卖给未被授权的中国军事项目。


    
   
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据美国司法部表示,石怡驰及其同伙共谋送往中国的美国芯片被用于多种商业和军事目的,其用户包括中共空军、海军及国防升级研究项目等。该芯片可用于电子战、雷达等方面。

检方质疑:是中共军方付钱

法庭文件还显示,检方希望法庭听取专家证词:一家拥有中共军方背景的公司庆安国际贸易公司(Qing’an International Trading Company,简称QTC),向石怡驰的一个账户汇入了100万美元;庆安公司通常使用类似石怡驰的公司做幌子公司,以规避国际检查和出口管制。

根据台湾《财讯》周刊报导,该案与2016年台湾稳懋半导体晶片机密科技被窃也有关系。嘉石科技成立于2010年,2011年找石怡驰当总裁,通过他开始建立尖端半导体制造能力。2015年嘉石获得增资欲窃取台湾技术机密,并且透过稳懋的工程师白胜杰窃得了稳懋的参数细节。所幸嘉石的台裔商业间谍杨光宇、掮客龙嘉弘在到达中国前,遭台湾检调在桃园机场拦截。






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6/28/2019

Part-Time UCLA Professor Convicted of Illegal Software Exports

An adjunct UCLA engineering professor has been convicted of illegally exporting computer chips with military applications to China.

By Mark Nero, Patch Staff

LOS ANGELES -- An adjunct UCLA engineering professor has been convicted of illegally exporting computer chips with military applications to China.

According to court records, Yi-Chi Shih, 63, a part-time Los Angeles resident, was convicted Wednesday following a three-week trial in Los Angeles federal court. The jury is expected to rule next week on the government's forfeiture request of more than $750,000, according to court records.

Prosecutors said Shih and co-defendant Kiet Ahn Mai -- who previously worked together at two different companies -- conspired to gain unauthorized access to a protected computer of a U.S. company that manufactured specialized, high-speed computer chips known as monolithic microwave integrated circuits.


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Shih intended to transfer the technology and products to the People's Republic of China, according to the U.S. Department of Justice.

The proprietary semiconductor technology at issue has a number of commercial and military applications, and the company's customers include the Air Force, Navy and the Defense Advanced Research Projects Agency, prosecutors said.

Such microwave integrated circuits are used in electronic warfare, electronic warfare countermeasures and radar applications, according to the DOJ.

Mai, 64, of Pasadena, pleaded guilty to a federal smuggling charge and is scheduled for sentencing in downtown Los Angeles in September.

City News Service contributed to this report.


Source: https://patch.com/california/encino/part-time-ucla-professor-convicted-illegal-software-exports



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Department of Justice
U.S. Attorney’s Office
Central District of California

FOR IMMEDIATE RELEASE
Friday, January 19, 2018

2 Los Angeles-Area Men Charged with Conspiring to Illegally Obtain Technology and Computer Chips that Were Sent to China

          LOS ANGELES – Federal authorities this morning arrested two local men on federal charges that allege a scheme to illegally obtain technology and integrated circuits with military applications that were exported to a Chinese company without the required export license.

          Yi-Chi Shih, 62, an electrical engineer who is a part-time Los Angeles resident, and Kiet Ahn Mai, 63, of Pasadena, were arrested this morning without incident by federal agents.

          Shih and Mai, who previously worked together at two different companies, are named in a criminal complaint unsealed this morning that charges them with conspiracy. Shih is also charged with violating the International Emergency Economic Powers Act (IEEPA), a federal law that makes illegal, among other things, certain unauthorized exports.

          The complaint alleges that Shih and Mai conspired to illegally provide Shih with unauthorized access to a protected computer of a United States company that manufactured specialized, high-speed computer chips known as monolithic microwave integrated circuits (MMICs). The conspiracy count also alleges that the two men engaged in mail fraud, wire fraud and international money laundering to further the scheme.

          According to the affidavit in support of the criminal complaint, Shih and Mai executed a scheme to defraud the U.S. company out of its proprietary, export-controlled items, including technology associated with its design services for MMICs. As part of the scheme, Shih and Mai accessed the victim company’s computer systems via its web portal after Mai obtained that access by posing as a domestic customer seeking to obtain custom-designed MMICs that would be used solely in the United States. Shih and Mail allegedly concealed Shih’s true intent to transfer the U.S. company’s technology and products to the People’s Republic of China.

          “This case outlines a scheme to secure proprietary technology, some of which was allegedly sent to China, where it could be used to provide companies there with significant advantages that would compromise U.S. business interests,” said United States Attorney Nicola T. Hanna. “The very sensitive information would also benefit foreign adversaries who could use the technology to further or develop military applications that would be detrimental to our national security.”

          “According to the complaint, the defendants allegedly schemed to illegally export semiconductors having military and civilian applications to a Chinese company,” said Acting Assistant Attorney General Boente. “Protecting this type of technology and preventing its illegal acquisition by our adversaries remains a key priority in preserving our national security.”

          The victim company’s proprietary semiconductor technology has a number of commercial and military applications, and its customers include the Air Force, Navy and the Defense Advanced Research Projects Agency. MMICs are used in electronic warfare, electronic warfare countermeasures and radar applications.

          “The FBI, working jointly with our law enforcement partners, remains committed to bringing to justice those who seek to illegally export some of our nation’s most sensitive technologies to the detriment of our national security and hard-working United States companies,” said Paul Delacourt, Assistant Director in Charge of the FBI’s Los Angeles Field Office. “Rest assured, the FBI will continue to diligently pursue any and all leads that involve the illegal exportation of U.S. technology which will cause harm to our long-term national security interests.”

          The computer chips at the heart of this case allegedly were shipped to Chengdu GaStone Technology Company (CGTC), a Chinese company that established a MMIC manufacturing facility in Chengdu. Shih was the president of CGTC, which in 2014 was placed on the Commerce Department’s Entity List, according to the affidavit, “due to its involvement in activities contrary to the national security and foreign policy interest of the United States – specifically, that it had been involved in the illicit procurement of commodities and technologies for unauthorized military end use in China.” Because it was on the Entity List, a license from the Commerce Department was required to export U.S.-origin MMICs to CGTC, and there was a “presumption of denial” of a license.

          The complaint outlines a scheme in which Shih used a Los Angeles-based company he controlled – Pullman Lane Productions, LLC – to funnel funds provided by Chinese entities to finance the manufacturing of MMICs by the victim company. The complaint affidavit alleges that Pullman Lane received financing from a Beijing-based company that was placed on the Entity List the same day as CGTC “on the basis of its involvement in activities contrary to the national security and foreign policy interests of the United States.”

          Mai acted as the middleman by using his Los Angeles company – MicroEx Engineering – to pose as a legitimate domestic customer that ordered and paid for the manufacturing of MMICs that Shih illegally exported to CGTC in China, according to the complaint. It is the export of the MMICs that forms the basis of the IEEPA violation alleged against Shih. The specific exported MMICs also required a license from the Commerce Department before being exported to China, and a license was never sought or obtained for this export.

          “Today’s actions serve as a reminder that the government will hold individuals accountable who fraudulently procure and export unlawfully protected United States technology and attempt to conceal their criminal activity through international money laundering,” stated Special Agent in Charge R. Damon Rowe with IRS Criminal Investigation. “The IRS plays an important role in tracing illicit funds through both domestic and international financial intuitions. The IRS is proud to partner with the FBI and Department of Commerce and share its world-renowned financial investigative expertise in this investigation.”

          “Today’s arrests demonstrate the Office of Export Enforcement’s strong commitment to enforcing our nation’s export control and public safety laws,” said Richard Weir, Special Agent in Charge of the U.S. Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement, Los Angeles Field Office. “We will continue to work with our law enforcement partners to identify, deter, and keep the most sensitive U.S. origin goods and technology out of the most dangerous hands.”

          Shih and Mai are expected to make their first court appearances this afternoon in United States District Court in downtown Los Angeles.

          A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.

          If they were to be convicted of the charges in the criminal complaint, Mai would face a statutory maximum sentence of five years in federal prison, and Shih could be sentenced to as much as 25 years in prison.

          This case is being investigated by the Federal Bureau of Investigation; the U.S. Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement; and IRS Criminal Investigation.

          The case against Shih and Mai is being prosecuted by Assistant United States Attorneys Judith A. Heinz, Melanie Sartoris and Khaldoun Shobaki of the National Security Division, and Trial Attorney Matthew Walczewski of the Department of Justice’s National Security Division.













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