Freight forwarder sentenced to six months in prison for conspiracy to facilitate export of goods to iran
FOR IMMEDIATE RELEASE
May 15, 2012
NEWARK, N.J. – A former manager of a Netherlands-based freight-forwarding company was sentenced to six months in prison today for conspiring to defraud the United States by facilitating the illegal export of goods to Iran, U.S. Attorney Paul J. Fishman announced.
Ulrich Davis, 50, a Dutch citizen of Pumerend, The Netherlands, previously pleaded guilty before U.S. District Judge Claire C. Cecchi to an Information charging him with conspiracy to defraud the United States through the violation of a U.S. Department of Commerce Temporary Denial Order (“TDO”). Judge Cecchi imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
Davis was the sales and business development manager for a company described in the Information as the “Netherlands Freight Forwarding Company” in 2007 and 2008. The company was affiliated with a New York-based freight-forwarding company. During that time, Davis facilitated shipments to Iran without the necessary authorization from the United States government and in violation of the law.
In October 2007, an assistant secretary of commerce for export enforcement – at the behest of the U.S. Department of Commerce, Bureau of Industry and Security (“BIS”) through its Office of Export Enforcement – issued a TDO denying export privileges to the company of Davis’ co-conspirator under the Export Administration Regulations (“EAR”). The TDO prohibited any person from directly or indirectly exporting or re-exporting to or on behalf of the co-conspirator.
The co-conspirator, who was located in another country, purchased U.S. origin goods from a New Jersey company for businesses and governmental agencies of Iran. The New Jersey company was in the business of reselling chemicals, lubricants, sealants and other products used in the aircraft industry. Davis and his co-conspirator directed the New York Freight Forwarding company to arrange for a trucking company to pick up commodities from the New Jersey company and transport them to New York on behalf of the co-conspirator’s company.
Davis admitted that in November 2007, he completed an air waybill that represented certain acrylic adhesives and spray paint coatings obtained from a New Jersey company were to be forwarded on behalf of the co-conspirator’s company to a company in Iran after issuance of the TDO.
In a January 2008 e-mail, Davis noted that “99% of these goods were destined to be send [sic] to Teheran [sic]/Iran, which was and still is a very difficult
destination due to political reasons. We have handled shipments to Teheran [sic] for various customers who had to shut down their operation because they were doing business with Teheran [sic]/Iran and inspite [sic] of the risk we take we always handled your shipments in a good manner.”
Davis acknowledged that at no time was any relief, exception, or other authorization sought from the TDO.
In addition to the prison term, Judge Cecchi fined Davis $2,000.
U.S. Attorney Fishman credited special agents of BIS, Office of Export Enforcement, Boston Field Office, under the direction of Special Agent in Charge John McKenna, and New York Field Office, under the direction of Special Agent in Charge Sidney Simon, with the investigation. He also thanked the Department of Homeland Security’s Immigration and Customs Enforcement, Homeland Security Investigations, Boston Field Office, under the direction of Special Agent in Charge Bruce Foucart, and Newark Field Office, under the direction of Special Agent in Charge Andrew M. McLees; and Defense Criminal Investigative Service, New Haven Resident Office, under the direction of Resident Agent in Charge Kathryn Feeney, for their assistance.
The government is represented by Assistant U.S. Attorney Joyce Malliet of the U.S. Attorney’s Office National Security Unit in Newark and Trial Attorneys Jonathan Poling and Elizabeth Cannon of the Counterespionage Section of the Justice Department’s National Security Division.
Defense counsel: Gerald M. Saluti Esq., Newark