Case Document 48 Filed 01/29/20 Page 1 of 6 MICHAEL BAILEY United States .Attorney of Anzona BEVERLY K. ANDERSON Arizona State Bar No. 010547 NICOLE P. SAVEL FILED, 2928 JAN 2-9 PH 2: 2 us DISTRIC as 112172333? Arizona State Bar No. 015958 Assistant US. Attorneys Umted States Courthouse . 405 W. Congress Street, Sulte 4800 Tucson, Arizona 85701 Telephone: 520-620-7300 . Email: Email: moo e.save . ov JOHN C. DEMERS Assistant Attorney General National Securl D1v1s10n WILLIAM MA KIE Tnal Attorney . Counterterronsm Section 950 Ave, NW Washington, DC 20530 Telephone: (202 233-2122 Email: will.mac 'e sdoj.gov Attorneys for Plaintgs1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA . . CR 19-00472-TUC-RM (JR) United States of America, .. FIRST Plaintiff, SUPERSEDING I I vs. . Violations: We1 Sun, 22 U.S.C. 27780? 2) and 2778(0) . Defendant. and Title 2 Code 0 ederal Regulatlons Sectlons 121.1, 123.1, 125.2 and 127.1 Export of Arms and Munitions) Counts 1, 2, 3, 4, 5 THE GRAND JURY CHARGES: INTRODUCTION At all times material to. this indictment: 1. WEI SUN was born in China, obtained US. Legal Permanent Resident Status Case Document 48 Filed 01/29/20 Page 2 of 6 and became a naturalized US. citizen. SUN was employed by Raytheon Missile Systems (RMS) from approximately January 12, 2009, to January 15, 2019, as an Electrical Engineer H. 2. Raythecn Missile Systems (RMS) Company is a subsidiary of Raytheon Company. Headquartered in Tucson, Arizona, RMS produces air-to-surface missile (ASM) or air-to-ground missiles (AGM or ATFM) and Ballistic Missile Defense (BMD) systems. RMS develops missiles for the United States Air Force, United States Navy, and the United States Marine Corps, as well as other various air forces and navies. 3. In connection with his work at RMS, SUN possessed a SECRET security clearance and worked with sensitive military technology from approximately January 12, 2009 up to approximately January 15, 2019, when his employment at RMS was terminated. While employed at RMS for approximately ten years, SUN worked as an electrical engineer and had access to information directly relating to advanced and sensitive missile defense-related technology, some of which constituted defense articles controlled and regulated under the Arms Export Control Act and the implementing regulations known as the International Traf?c in Arms Regulations, as further described below. Arms Export Control Act 4. The Arms Export Control Act, Title 22, United States Code, Section 2778 authorized the President of the United States to control the export of defense articles by designating certain categories of items as defense articles subject to import and export regulations. 5. The AECA and the implementing regulations, the International Traf?c in Arms Regulation, Title 22, Code of Federal Regulations, Parts 120-130 required a person to obtain an export license from the Department of State, Directorate of Defense Trade Controls prior to exporting defense articles. Designated defense articles also included information which was required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance, or modi?cation of defense articles, known as ?technical data? pursuant to 22 CPR. United States of America v. Wei Sun Superseding Indictment Page 2 of 6 Case Document 48 Filed 01/29/20 Page 3 of 6 6. Defense articles subject to licensing requirements under the ITAR were listed under enumerated, speci?c categories in the United States Munitions List This included during the time relevant to this Superseding Indictment defense articles classi?ed as ?Launch Vehicles, Guided Missiles, Ballistic Missiles, Rockets, Torpedoes, Bombs, and Mines? under Category IV, and ?Military Electronics? under Category XI of the USML. ITAR Controlled Technical Data 7. SUN possessed and transported out of the United States certain computer data contained in a HP EliteBook 840 computer, serial number of RA0977 84, identi?ed as: (1) (?File No. l? (2) 0_RevC_v1 .pdf (?File No. (3) D:\Cobra PM sdb8856913 18-06-07 RJC Update.pdf (?File No and (4) (?File No. that constituted defense articles in the form of technical data controlled by the ITAR under USML Category 8. SUN possessed and transported out of the United States certain computer data contained in a HP EliteBook 840 computer, serial number of RA097784, identi?ed as COMPANY .dotx (?File No. that constituted a defense article in the form of technical data controlled by the IT AR under USML Category 9. Prior to export from the United States, SUN was required to obtain an export license from the DDTC for the defense articles contained in File No.3 1, 2, 3, 4, and- 5. SUN had never applied for, or received, an export license from the Department of State with regard to either any defense articles contained in File No10. Paragraphs No. 1 through 9 are incorporated herein and apply to each of the following Counts 1 through 5 of this Superseding Indictment. MIA On or about December 18, 2018, in the District of Arizona and elsewhere, the defendant WEI SUN, knowingly and willfully exported and caused to be exported from the United States to the People?s Republic of China, a HP BliteBook 840 computer, serial United States of America v. We: Sun Superseding Indictment Page 3 of 6 Case Document 48 Filed 01/29/20 Page 4 of 6 number of RAO97 784, that contained a defense article, speci?cally File No. 1, that was then controlled under the International Traf?c in Arms Regulations and the United States Munitions List, without having ?rst obtained from the Department of State a license for such export or written authorization for such export, all in violation of Title 22, United States Code, Sections 2778(b)(2) and 2778(c), and Title 22, Code of Federal Regulations, Sections 121.1, 123.1, 125.2 and 127.1. Ml On or about December 18, 2018, in the District of Arizona and elsewhere, the defendant WEI SUN, knowingly and willfully exported and caused to be exported from the United States to the People?s Republic of China, a HP EliteBook 840 computer, serial number of RA097784, that contained a defense article, speci?cally File No. 2, that was then controlled under the International Traf?c in Arms Regulations and the United States Munitions List, without having ?rst obtained from the Department of State a license for such export or written authorization for such export, all in violation of Title 22, United States Code, Sections 2778(b)(2) and 2778(c), and Title 22, Code of Federal Regulations, Sections 121.1, 123.1, 125.2 and 127.1. COUNT 3 On or about December 18, 2018, in the District of Arizona and elsewhere, the defendant WEI SUN, knowingly and willfully exported and caused to be exported from the United States to the People?s Republic of China, a HP EliteBook 840 computer, serial number of RA097784, that contained a defense article, speci?cally File No. 3, that was then controlled under the International Traf?c in Arms Regulations and the United States Munitions List, without having ?rst obtained from the Department of State a license for such export or written authorization for such export, all in violation of Title 22, United States Code, Sections 2778(b)(2) and 2778(c), and Title 22, Code of Federal Regulations, Sections 121.], 123.1, 125.2 and 127.1. United States of America v. Wei Sun Superseding Indicmen: Page 4 of 6 Case Document 48 Filed 01/29/20 Page 5 of 6 COUNT 4 On or about December 18, 2018, in the District of Arizona and elsewhere, the defendant WEI SUN, knowingly and willfully exported and caused to be exported from the United States to the People?s Republic of China, a HP EliteBook 840 computer, serial number of RA0977 84, that contained a defense article, speci?cally File No. 4, that was then controlled under the International Traf?c in Arms Regulations and the United States Munitions List, without having ?rst obtained from the Department of State a license for such export or written authorization for such export, all in violation of Title 22, United States Code, Sections 2778(b)(2) and 27 78(c), and Title 22, Code of Federal Regulations, Sections 121.1, 123.1, 125.2 and 127.1. COUNT 5 On or about December 18, 2018, in the District of Arizona and elsewhere, the defendant WEI SUN, knowingly and willfully exported and caused to be exported from the United States to the People?s Republic of China, a HP EliteBook 840 computer, serial number of RA097784, that contained a defense article, speci?cally File No. 5, that was then controlled under the International Traf?c in Arms Regulations and the United States Munitions List, without having ?rst obtained from the Department of State a license for such export or written authorization for such export, all in violation of Title 22, United United States of America v. Wei Sun Superseding Indictment Page 5 of 6 Case Document 48 Filed 01/29/20 Page 6 of 6 States Code, Sections 277 and 2778(0), and Title 22, Code of Federal Regulations Sections 121.1, 123.1, 125.2 and 127.1. A TRUE BILL I I FGREPERSGN OF THE GRAND JURY Dated: January 29, 2020 MICHAEL BAILEY United States Attorney District of Arizona I I BEVERLY K. ANDERSON NICOLE P. SAVEL Assistant US. Attorneys JOHN DEMERS ?so?o Em Assistant Attorney General National Secun D1v1s10n WILLIAM MA KIE Tnal Attorney . Counterterronsm Section . we: era?s-v new P-A United States of America v. Wei Sun Superseding Indictment Page 6 of 6