BOSTON
– A Chinese national pleaded guilty today in federal court in Boston in
connection with illegally procuring and causing the illegal export of
$100,000 worth of U.S. origin goods to Northwestern Polytechnical
University (NWPU), a Chinese military university that is heavily
involved in military research and works closely with the People’s
Liberation Army (PLA) on the advancement of its military capabilities.
Shuren Qin, 44, a Chinese national residing in Wellesley, who gained
admittance into the United States through the EB-5 Immigrant Investor
Visa Program in 2014, pleaded guilty to one count of conspiracy to
unlawfully export items from the United States to NWPU without first
obtaining the required export licenses; one count of visa fraud; two
counts of making false statements to law enforcement agents regarding
his customers and the types of parts he caused to be exported from the
United States to the People’s Republic of China (PRC); four counts of
money laundering; and two counts of smuggling hydrophones from the U.S.
to the PRC. U.S. District Court Judge Denise Casper scheduled sentencing
for Sept. 8, 2021.
“The People’s Republic of China has an insatiable appetite for our
country’s most sensitive products and technologies – particularly those
with military applications,” said Acting United States Attorney
Nathaniel R. Mendell. “By exporting key anti-submarine warfare products
to a Chinese military university, Mr. Qin created a threat to our
national security and broke the law. That warrants federal prosecution,
without a doubt.”
“Qin took advantage of the open marketplace in the United States to
purchase sensitive technologies for a Chinese military university. In
addition, he lied on his visa application and to U.S. customs officers,”
said Assistant Attorney General for National Security John Demers.
“When individuals illegally pursue personal profit at the expense of
U.S. national security, DOJ will disrupt such conduct and punish those
involved.”
Qin established LinkOcean Technologies, LTD., which he used to import
goods and technology with underwater and marine applications into the
PRC from the United States, Canada and Europe. NWPU has been involved in
the development of unmanned aerial vehicles, autonomous underwater
vehicles and missile proliferation projects. Since 2001, the U.S.
Department of Commerce (DOC) has designated NWPU on its Entity List for
national security reasons. Qin communicated with and received taskings
from NWPU to obtain items used for anti-submarine warfare. Between
approximately July 2015 and December 2016, Qin caused at least 60
hydrophones (devices used to detect and monitor sound underwater) to be
exported from the United States to NWPU without obtaining the required
export licenses from the DOC. Qin and his company, LinkOcean, did so by
concealing from the U.S. manufacturer of the hydrophones that NWPU was
the true end-user and by causing false end-user information to be filed
with the U.S. government. In addition, on four occasions in connection
with the export of hydrophones to NWPU, Qin engaged in money laundering
by transferring or causing the transfer of more than $100,000 from
Chinese bank accounts to bank accounts located in the United States with
the intent to promote and facilitate his unlawful export scheme.
Additionally, in July 2016, Qin engaged in visa fraud in connection
with his application to remove conditions on his U.S. Permanent Resident
Status (Form I-829) by falsely certifying that he had not committed any
crime for which he was not arrested since becoming a conditional
permanent resident when, in fact, he had caused the illegal export of
hydrophones from the United States to NWPU in December 2015. In
addition, Qin made false statements to federal agents on two occasions
regarding LinkOcean’s customers and its export activities. Specifically,
during a November 2017 interview with Customs and Border Protection
(CBP) Officers, Qin falsely stated that he only exported instruments
that attach to a buoy. However, Qin had exported and caused the export
of remotely-operated side scan sonar systems, unmanned underwater
vehicles, unmanned surface vehicles, robotic boats and hydrophones. The
items that Qin concealed from CBP during this interview have military
applications and several of these items were delivered to military
end-users in China. For instance, Qin exported a U.S.-manufactured
remotely-operated side scan sonar system to a PLA Troop in November
2015. On or about July 21, 2018, Qin lied to investigators during an
interview when he stated that he did not have any customers on the DOC’s
Entity List. In fact, Qin had at least two such customers – NWPU and
the National University of Defense Technology (NUDT). NUDT is involved
in national defense research for the PLA and responsible for modernizing
the PRC’s armed forces. Since 2015, it has been designated on DOC’s
Entity List.
Prior to entering his guilty plea in this case, Qin moved to suppress
evidence seized from his laptop and iPhone during a border search and
statements he made to CBP officers during a secondary inspection upon
his return to the United States from the PRC at Logan Airport in
November 2017. On Nov. 30, 2020, after eight days of evidentiary
hearings, Judge Casper issued a decision denying Qin’s motion, finding
that “at a minimum, the agents had reasonable suspicion for the search
and seizure on November 24, 2017 and, any statements made by Qin were
non-custodial statements not in contravention of the Fifth Amendment.”
In so doing, Judge Casper found that the “Chinese Navy” was one of Qin’s
customers according to LinkOcean’s website and when the border search
occurred, agents had testified that they were “concerned that Qin was
involved [in] working on behalf of the Chinese Navy to procure items
from the United States, export them to China so that they could be used
or incorporated in systems the Chinese Navy or research institutes were
developing to be used in electronic warfare, anti-submarine warfare.”
Judge Casper further found that by the end of the summer of 2017,
investigators had learned that Qin was interested in procuring both AUVs
and sonobuoys, which raised concerns for the agents as they learned
that Ultra Electronics was at that same time developing “an AUV that
worked in conjunction with [a] sonobuoy … strictly for military use by
the U.S. Navy.” Qin also lied when questioned during the secondary
inspection at the border regarding the types of parts he exported,
concealing his “interest in procuring side scan sonar systems, AUVs, and
sonobuoys.”
The charge of conspiring to violate U.S. export laws provides for a
sentence of up to 20 years in prison, three years of supervised release
and a fine of $1 million. The charges of visa fraud and smuggling both
provide for a sentence of up to 10 years in prison, three years of
supervised release and a fine of $250,000. The charge of making false
statements provides for a sentence of up to five years in prison, three
years of supervised release and a fine of $250,000. The charge or money
laundering provides for a sentence of up to 20 years in prison, five
years of supervised release and a fine of $500,000 fine. Sentences are
imposed by a federal district court judge based upon the U.S. Sentencing
Guidelines and other statutory factors.
Acting U.S. Attorney Mendell; Acting NSD AAG Demers; William S.
Walker, Acting Special Agent in Charge of the Homeland Security
Investigation, Boston Field Office; Patrick Hegarty, Special Agent in
Charge of the Defense Criminal Investigative Service, Northeast Field
Office; William Higgins, Special Agent in Charge of the Department of
Commerce, Office of Export Enforcement, Boston Field Office; Joseph R.
Bonavolonta, Special Agent in Charge of the Federal Bureau of
Investigation, Boston Field Division; and Michael West, Special Agent in
Charge of the Naval Criminal Investigative Service, Northeast Field
Office made the announcement today. Assistant U.S. Attorney B. Stephanie
Siegmann, Chief of Mendell’s National Security Unit, and Assistant U.S.
Attorney Jason Casey, also of National Security Unit, are prosecuting
the case.