Indictment and Guilty Plea Entered in Iranian Export Case
WASHINGTON – A U.K. man pleaded guilty Tuesday in federal
court in the District of Columbia to violations of the International Emergency
Economic Powers Act (IEEPA) and Iranian Transactions and Sanctions Regulations.
At the same time, an indictment was unsealed charging four individuals with the
same offense, as well as related offenses.
According to his plea, Saber Fakih, 46, of the United
Kingdom, conspired with Bader Fakih, 41, of Canada, Altaf Faquih, 70, of the
United Arab Emirates, and Alireza Taghavi, 46, of Iran, to export and attempt
to export an Industrial Microwave System (IMS) and counter-drone system from
the United States to Iran, without first obtaining the requisite license from
the Department of Treasury’s Office of Foreign Assets Control (OFAC). Fakih
pleaded guilty to count two of the indictment.
“Fakih and his coconspirators attempted to evade U.S.
sanctions and obtain highly sensitive pieces of equipment for Iran from
unwitting U.S. suppliers,” said Assistant Attorney General Matthew G. Olsen of
the Justice Department’s National Security Division. “In doing so, Fakih
jeopardized not only U.S. national security, but the national security of any
other nation Iran decides to target. The Department of Justice can and will act
to disrupt and prosecute such criminal conduct.”
“This indictment and guilty plea demonstrate the United
States’ commitment to preventing U.S. technology with military applications
from falling into the hands of the Iranian government, and it demonstrates the
effective results generated by the partnership between DOJ, the FBI, the
Department of Homeland Security, and the Department of Commerce,” said U.S.
Attorney Matthew M. Graves, for the District of Columbia.
“This investigation illustrates that our adversaries are
willing to utilize complicated procurement networks and blatantly disregard
U.S. export control laws to acquire sensitive dual use items for potential
military purposes, such as counter drone technology, industrial microwave
systems, and directed-energy systems that would undermine U.S. national
security,” said Special Agent in Charge Nasir Khan of the U.S. Department of
Commerce Office of Export Enforcement, Washington Field Office. “The Office of
Export Enforcement and our partner agencies will aggressively target and
dismantle those illicit networks that seek technological advantages that can be
used against us.”
“Mr. Fakih’s guilty plea shows the lengths he went to in
order to attempt to procure U.S. technology with military uses, it also shows
the lengths the FBI and our federal partners will go to in order to stop these
technologies and materials from getting into the wrong hands,” said Special
Agent in Charge Thomas J. Sobocinski, of the FBI Baltimore Field Office. “Those
who are working domestically and abroad to undermine American interests will be
held accountable.”
“The FBI remains committed to protecting U.S. technology and
ensuring it does not fall into the hands of anyone intending to use it for
harm,” said Assistant Director Alan E. Kohler Jr of the FBI's
Counterintelligence Division. “For over 40 years, Iran has continuously
attempted to obtain sanctioned items that could be used against Americans or
our allies. This indictment of Fakih and his coconspirators sends a clear
message: The FBI, along with its federal partners, will persist in thwarting
these attempts and do its part to keep our democracy safe.”
“Homeland Security Investigations (HSI) remains committed to
safeguarding sensitive U.S. technology and ensuring it does not fall into the
hands of our adversaries,” said Special Agent in Charge James R. Mancuso of
HSI’s Baltimore Field Office. “This investigation highlights HSI’s global
investigative capabilities, and we will continue to work with our federal
partners to protect the safety and security of the United States.”
In addition, a related indictment was unsealed in the
District of Columbia charging Iranian national Jalal Rohollahnejad, 44, with
smuggling, wire fraud and related offenses arising from the same scheme.
Rohollahnejad was previously added to the Department of Commerce’s, Bureau of
Industry and Security Entity List in March 2020, for acting contrary to U.S.
national security or foreign policy interests by procuring goods on behalf of a
Specially Designated National (SDN).
According to the indictments, in 2017 and 2018, the
co-conspirators attempted to export to Iran items that had potential civil and
military uses. Potential military uses of the industrial microwave system (IMS)
(with some modification) include high-power microwave based directed-energy
weapon systems. The counter-drone system, which has both commercial and
military uses, can be used to stop, identify, redirect, land or take total
control of a target unmanned aerial vehicle.
The indictments allege that Rohollahnejad and Taghavi hold
themselves out as representatives of Rayan Roshd Asfzar, which has been linked
to the Iranian Revolutionary Guards Corps (IRGC).
According to court documents, Taghavi informed Fakih that he
could not purchase the IMS because he is an Iranian national. Saber Fakih then
arranged the purchase of the IMS on Taghavi’s and Rohollahnejad’s behalf,
knowing it was ultimately destined for Iran.
Rohollahnejad caused the equivalent of $450,000 to be sent
from Iran to the United Arab Emirates, where Altaf Faquih picked it up and
converted it from Emirati currency to U.S. dollars. Faquih then transferred the
money to Bader Fakih in Canada via three separate wire transfers. Bader Fakih
then transferred the money to the U.S. company for the purchase of the IMS.
In addition to the IMS, Saber Fakih and Bader Fakih
conspired to purchase two counter-drone systems worth nearly $1 million on
behalf of Taghavi.
Saber Fakih faces up to 20 years of incarceration and/or a
fine of $1 million for violating the IEEPA. A federal district court judge will
determine any sentence after considering the U.S. Sentencing Guidelines and
other statutory factors.
The case is being investigated by the FBI’s Baltimore Field
Office, HSI’s Baltimore Field Office, and the Washington Field Office of the
U.S. Department of Commerce.
The case is being prosecuted by the U.S. Attorney’s Office
for the District of Columbia and the Department of Justice National Security
Division’s Counterespionage and Export Control Section.
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