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USA Kevin Ryan's case dismissed - why?

by rcs1

We need to continue the follow-up regarding the dismissed US Attorney debacle.  This morning I read about a case: Case dropped against Chinese man accused of selling U.S. technology
October 29, 2007
excerpt:

SAN FRANCISCO, California (AP) -- The Justice Department has dropped all criminal charges against a Chinese national accused of selling technology made by his Silicon Valley employer to a Chinese cruise missile laboratory, court records show.

Yueqiang "Bill" Chen, 46, was accused of lying on export declarations and illegally shipping $1.3 million (€900,000) in vibration technology, called "shaker machines," to China in 2003 and 2005, according to the original indictment from May 2006.

At the time, Chen managed sales in China for San Jose, California-based Data Physics Corp., which sells shaker systems -- metal, drum-like machines that vibrate at high speeds and are used to test the durability of everything from car parts to cruise missiles.

Chen, a permanent legal resident in the U.S., was charged with five felonies.

The U.S. attorney's office did not outline its reasons for dropping the case in the notice of dismissal, which was filed Friday.(my emphasis added)

It seems a little odd to me that a case is dropped , expecially when it is about military technology sent to China, or does this make sense? I got curious about who initially handled this case.

Follow me below the fold for a look at Kevin Ryan's reasoning.


commentary :: :: :: buzz-it!
SAN JOSE MAN INDICTED FOR EXPORTING MISSILE TECHNOLOGY TO CHINA WITHOUT AN EXPORT LICENSE
May 25, 2006
excerpt:

SAN JOSE - United States Attorney Kevin V. Ryan announced that a federal grand jury in San Jose yesterday indicted Yueqiang Chen, a.k.a. Bill Chen, for exporting items without a license for use in the design, development, production, and use of missiles to an end-user in China. Mr. Chen is the General Manager and Chief Representative of Data Physics Corporation in China. Data Physics is a San Jose, California, company engaged in the business of manufacturing and selling signal processing equipment for use in noise and vibration testing, including a line of electro-dynamic shakers, vibration controllers, and dynamic signal analyzers. These items are utilized to test missile vibration.

These charges are the result of an investigation by Special Agents from the Office of Export Enforcement, Bureau of Industry and Security, Department of Commerce.

"This indictment demonstrates our continuing commitment to preventing the illegal and unlicensed export of military technology abroad," said U.S. Attorney Kevin V. Ryan.

This seems pretty straight up to me. And following are the details of what he was caught doing:

 Bill Chen, 45, of San Jose, allegedly exported vibration test and shaker equipment, without a license from the Bureau of Industry and Security, to an end-user in China while knowing that such items would be used in the design, development, production, and use of missiles. According to the indictment, on five different occasions, Mr. Chen, a permanent resident alien of the U.S., knowingly violated Export Administration Regulations as follows:

*On or about January 22, 2003, Chen exported one model 421.20 Spherical Coupling and one model 42 3.20 Spherical Coupling

*On or about April 2, 2003, Chen exported two M1216V shaker systems

*On or about February 10, 2005, Chen exported one DMA4020E/2016EVH shaker system

*On or about June 23, 2005, Chen exported one DMA4020E/2016EVH shaker system, and,

*On or about July 3, 2005, Chen exported one model 421.20 Spherical Coupling and one model 42 3.20 Spherical Coupling

An affidavit filed in connection with a criminal complaint also alleges that the defendant willfully and knowingly exported the items to the "3rd Academy" in China, an entity engaged in the research, design, development, and production of cruise missiles. The complaint also alleges that the defendant used the false end-user name of "27th Locomotive Factory" to disguise the true destination of the exports.(my emphasis added)

I am left scratching my head here and you'd think for all the trouble of the Grand Jury and the US Attorneys office and probably thousands upon thousands of dollars spent...we'd have an explanation on why this case was dropped.

Suppose Kevin Ryan just ticked off the Chinese government? Perhaps time had to pass before the DOJ could let this case ride off slowly into the sunset. Thoughts?

Here's some previous commentaries involving Kevin Ryan to refresh memories:

USAs: Disruption of Corruption Investigation via Committee? Chiara and Ryan

USDOJ Document Dump - Kevin Ryan

The Politics of Justice

Display:
I have no idea of is going on with this one.  I can't imagine why they wouldn't want Chen fully prosecuted?  

by standingup on Tue Oct 30, 2007 at 09:46:42 AM EST
A much different case but it certainly wasn't handled very well either.

by susie dow on Tue Oct 30, 2007 at 10:10:10 AM EST
http://lieberman.senate.gov/newsroom/release.cfm?id=207595
excerpt:
Campaign Finance China Connection Re-Emerges Did Alleged 1996 Conspiracy Benefit the GOP?
Lieberman Asks Attorney General, FBI to Investigate

WASHINGTON - Governmental Affairs Committee Ranking Member Joe Lieberman, D-Conn., Monday asked top Bush Administration officials to examine whether an alleged Chinese spy might have funneled money into Republican political campaigns during the 1990s at the direction of Chinese government officials or with money originating from foreign sources.

In a letter to Attorney General John Ashcroft and FBI Director Robert Mueller dated April 28, Lieberman asked that an ongoing investigation into the alleged espionage activities of Katrina Leung include an inquiry into her political fund raising activities as well. .......



by avahome on Tue Oct 30, 2007 at 10:24:46 AM EST
[ Parent ]
I see U.S. Attorney Debra Yang was involved. Also might be good to take a look see at the judge.

http://www.washingtonpost.com/wp-dyn/articles/A54571-2005Jan6.html

excerpt:

Now it seems those concerns may have doomed the case. In a sharply worded opinion, U.S. District Judge Florence-Marie Cooper said prosecutors committed misconduct by making a plea agreement with Smith in which he was barred from sharing any more information with Leung or her lawyers.

Debra W. Yang, the U.S. attorney in Los Angeles, said late Thursday that the prosecutors in the case had behaved ethically and had denied prohibiting Smith from talking to Leung's attorneys.

She said her office would consider appealing the ruling. Justice Department officials said an appeal is likely, because a different federal judge had signed off on Smith's plea agreement.



by avahome on Fri Nov 09, 2007 at 11:20:47 AM EST
[ Parent ]
Four Owners/Operators of New Jersey Company Sentenced for Illegally Selling National-Security Sensitive Items to Chinese Interests

http://www.bis.doc.gov/News/2006/DOJ05_01_06.htm


by avahome on Wed Oct 31, 2007 at 10:53:48 AM EST

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