John H. Durham, United States Attorney for the District of
Connecticut, announced that IMRAN KHAN, 44, of North Haven, was sentenced today
by U.S. District Judge Stefan R. Underhill in Bridgeport to three years of
probation, the first six months of which KHAN must serve in home confinement,
for violating U.S. export law. Judge
Underhill also ordered KHAN to perform 100 hours of community service and pay a
$3,000 fine.
According to court documents and statements made in court,
from at least 2012 to December 2016, KHAN and two of his family members engaged
in a scheme to purchase goods that were controlled under the Export
Administration Regulations (“EAR”) and to export those goods without a license
to Pakistan, in violation of the EAR.
Through companies conducting business as Brush Locker Tools, Kauser
Enterprises-USA and Kauser Enterprises-Pakistan, the three defendants received
orders from a Pakistani company that procured materials and equipment for the
Pakistani military, requesting them to procure specific products that were
subject to the EAR. When U.S.
manufacturers asked about the end-user for a product, the defendants either
informed the manufacturer that the product would remain in the U.S. or
completed an end-user certification indicating that the product would not be
exported.
After the products were purchased, they were shipped by the
manufacturer to the defendants in Connecticut.
The products were then shipped to Pakistan on behalf of either the
Pakistan Atomic Energy Commission (“PAEC”), the Pakistan Space & Upper
Atmosphere Research Commission (“SUPARCO”), or the National Institute of Lasers
& Optronics (“NILOP”), all of which were listed on the U.S. Department of
Commerce Entity List. The defendants
never obtained a license to export any item to the designated entities even
though they knew that a license was required prior to export. The defendants received the proceeds for the
sale of export-controlled items through wire transactions to a U.S. bank
account that the defendants controlled.
On June 1, 2017, KHAN pleaded guilty to one count of
violating the International Emergency Economic Powers Act. In pleading guilty, he specifically admitted
that, between August 2012 and January 2013, he procured, received and exported
to PAEC an Alpha Duo Spectrometer without a license to do so.
On March 5, 2018, KHAN’s father, Muhammad Ismail, and his
brother, Kamran Khan, each pleaded guilty to one count of international money
laundering, for causing funds to be transferred from Pakistan to the U.S. in
connection with the export control violations.
In pleading guilty, Ismail and Kamran Khan specifically admitted that,
between January and July 2013, they procured, received and exported to SUPARCO,
without a license to do so, certain bagging film that is used for advanced
composite fabrication and other high temperature applications where dimensional
stability, adherence to sealant tapes and uniform film gage are essential. The proceeds for the sale of the bagging film
was wired from Pakistan to the defendants in the U.S.
On July 18, 2018, Judge Underhill sentenced both Muhammad
Ismail and Kamran Kahn to 18 months of imprisonment. Ismail and Kamran Khan are both citizens of
Pakistan and lawful permanent residents of the U.S.
This matter was investigated by the Defense Criminal
Investigative Service, Federal Bureau of Investigation, Homeland Security
Investigations, U.S. Postal Inspection Service and the U.S. Department of
Commerce’s Office of Export Enforcement.
The case was prosecuted by Assistant U.S. Attorney Jacabed
Rodriguez-Coss in coordination with Trial Attorney Scott McCulloch of the
Justice Department’s Counterintelligence and Export Control Section (CES).
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