ICE removes Chinese man sentenced convicted of violating the International Emergency Economic Powers Act
by Foster LLP, on News
PHILADELPHIA — U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) officers removed a citizen of China Wednesday who was sentenced to three years in prison for attempting to illegally export high-grade carbon fiber to China, following an investigation operation initiated by ICE’s Homeland Security Investigations (HSI) in New York in conjunction with the U.S. Department of Commerce (DOC) Bureau of Industry and Security’s Office of Export Enforcement New York Field Office and the Department of Defense’s Defense Criminal Investigative Service (DCIS) Northeast Field Office.
Fuyi Sun, 54, aka “Frank,” a citizen of the People’s Republic of China, was sentenced in New York federal court to three years in prison for violating the International Emergency Economic Powers Act (IEEPA) in connection with a scheme to illegally export to China, without a license, high-grade carbon fiber, which is used primarily in aerospace and military applications.
On April 11, 2016, Sun traveled from China to New York for the purpose of purchasing M60 Carbon Fiber from the UC Company. During meetings with the undercover agents on April 11 and 12, among other things, Sun suggested that the Chinese military was the ultimate end-user for the M60 Carbon Fiber he sought to acquire from the UC Company, and claimed to have personally worked in the Chinese missile program. Sun further asserted that he maintained a close relationship with the Chinese military, had a sophisticated understanding of the Chinese military’s need for carbon fiber, and suggested that he would be supplying the M60 Carbon Fiber to the Chinese military or to institutions closely associated with it.
On April 12, 2016, Sun agreed to purchase two cases of M60 Carbon Fiber from the UC Company. On that date, Sun paid the undercover agents purporting to represent the UC Company $23,000 in cash for the carbon fiber, as well as an additional $2,000 as compensation for the risk he believed the UC Company was taking to illegally export the carbon fiber to China without a license.
On April 13, 2016, the U.S. Attorney’s Office for the Southern District of New York (SDNY) filed a complaint with SDNY alleging a violation of IEEPA. On the same date, HSI special agents arrested Sun and subsequently remanded him to the custody of the U.S. Marshals Service for prosecution.
On Sept. 5, 2017, SDNY convicted Sun of violating IEEPA and sentenced him to incarceration for 36 months.
On May 24, 2018, SDNY issued a judicial order of removal for Sun.
ERO officers removed Sun from the United States and turned him over to Chinese authorities without incident.