SEP.1.9 2019

OLE-SHE us misfawcr co
DISTRICT OF 
DEPUTY

 

 

 

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

- Case No.: 19CR2564-CAB
Plaintiff,
I A I 

V.
Title 22 U.S.C., Secs. 2778(b)(2),

and and 22 CFR 121.1, 123.1,
to Export
Defendant. Defense Articles Without a
License); Title 18, United States
Code, Section 371; Title 18,
U.S.C., Secs. Title
22, United States Code, Section
401(b), and Title 28, U.S.C., Sec.
2461(c) (Criminal Forfeiture)

QINGSHAN LI

 

 

 

 

The United States Attorney charges:
COUNT 1

Beginning on a date unknown to the grand jury and continuing up
through June 29, 2019, within the Southern District of California
and elsewhere, defendant QingShan Li, together with others known and
unknown to the grand jury, did knowingly and intentionally conspire
and agree to willfully attempt to export from the United States to
the People's Republic of China (?China") a defense article, that is,_

a IHarris Falcon 152A Radio (?the Radio?), which is

AFF: San Diego 1

07/26/2019

 

 

 



designated as a defense article on the United States Munitions List,
without having first obtained from the State Department a license or
written authorization for such export; in violation of Title 22,
United States Code, Sections 2778(b)(2) and 2778 and Title 22,
Code of Federal Regulations, Section 121.1, 123.1, and 
127.3 and Title 18, United States Code, Section 371.

OVERT ACTS

a. QINGSHAN LI is a national of the People's Republic of China
with a visa to enter the United States.

b. LI arrived in the Southern District of California on a
flight from China on June 28, 2019. LI was scheduled to return to
China on a flight on July 7, 2019.

c. The Harris Falcon 152A Radio (?the Radio") is
designated as a defense article on the United States Munitions List
and subject to ITAR (International Trafficking in Arms Regulations,
Title 22, Code of Federal Regulations, Parts 120 et seq.). A license
from the Department of State, Directorate of Defense Trade Controls,
is required to export the Radio from the United States.

d. In late June 2019, LI agreed to pay another individual (RB)
50,000 RMB (approximately $7,200) for the Radio, knowing that AB was
under investigation for export?related crimes and believing that AB
was attempting to get rid of the radio in light of entanglement
with law enforcement.

e. LI informed AB that LI planned to take the Radio to Tijuana,
Mexico, and ship it to China from Mexico in light of the lack of ITAR

rules in Mexico.

AFF: San Diego
07/26/2019

 

 

 






 

 

f. LI drove in his rental car to a storage locker in the
Southern District of California on June 29, 2019, to purchase the
Radio, along with other military items from 

g. LI gave AB a $600 cash down payment toward the purchase
price of the Radio at the storage locker;

h. LI then left the storage locker with the Radio in a bag
slung over his shoulder, after which time LI was detained by law
enforcement.

i. In an interview with FBI Agents soon after LI was stopped
with the Radio in his bag, LI stated that he knew the Radio was
export controlled, and he knew that it was illegal for the Radio to
be transported to China. LI stated that he purchased the Radio with
the intent to transport it to China, knowing he was violating United
States law. LI told Agents he had a contact in China, whom LI believed
was an Officer for the Chinese People's Liberation Army (PLA). The
FLA Officer had provided LI with a list of United States Military
items that he wanted LI to acquire. The Radio was on the list.

j. LI did not obtain a license for export of the Radio or
written authorization for such export from the 0.8. State Department,
nor did he intend to obtain such a license before exporting the Radio
to China.

k. LI intended to export to China all the properties which
are being forfeited to the United States described in Section 
below. Defendant admits the currency is proceeds of the offense and
was also intended to be used to further the conspiracy. Defendant
admits he used his cell phone in furtherance of the conspiracy.



AFF: San Diego
07/26/2019

 

 

 



AFF:

FORFEITURE ALLEGATIONS

 

Upon conviction of the offense alleged in Count 1 of this
Information and pursuant to Title 18, United States Code,
Section Title 28, United States Code, Section
2461(c), and Title 22 United States Code, Section 401(b), LI
shall forfeit to the United States any property, real or
personal, which. constitutes cu: was derived :Emmn proceeds
traceable to such violation, and all arms and munitions of
war involved in the offense, including but not limited to:

$2,244 of United States Currency

Map of North Island Naval Air Station

IPhone 10 XS Max, IMEI: 357320095793411

Harris Falcon (Serial 522270)

Harris Falcon (Serial 501724, F02823)

Harris 30 MHZ 8W Antenna (Serial 14304?2988-1)

Harris 30 8W Antenna (Serial 12102?2700?01)

Harris 225 ?Antenna (Serial 4+ 14304-0375?1,

14304?1392?1)

Harris Radio Rechargeable battery (Serial 3072364,

3007435, 3028436, 3001864, 42785)

Harris Peltor Headset (Serial 00000012998)

Peltor Push to Talk (Serial 0000078149)

Harris Double battery charger (Serial UCC22511834)

Thales AC Adapter (Model 

U.S. Flag and

Sandisk Extreme SD card, 

San Diego

07/26/2019

 

 

 






 

 

All in violation of Title


28, United States Code,

DATED: September 2019.

AFF: San Diego
07/26/2019

18,

Title 22 United States Code,

Section 

United States Code, Section

Section 401(b), and Title

.

ROBERT S. BREWER, .

Unite rneY


.V 704
ALEXANDRA F. FOSTER

Assistant U.S. Attorney