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Homeland Security 5 Year Anniversary 2003 - 2008, One Team, One Mission Securing the Homeland

Two Charged and Arrested in Scheme to Illegally Export U.S. Fighter Jet Components to China

Release Date: 07/24/03 00:00:00

Roscoe C. Howard Jr., the United States Attorney for the District of Columbia, and Michael J. Garcia, the Acting Assistant Secretary of the Bureau of Immigration and Customs Enforcement (ICE), today announced that two individuals have been indicted for attempting to illegally export military components for F-4 and F-5 fighter jets to China.

These defendants have also been charged with conspiring to export parts for F-14 TomCat fighter jets, AH-1J attack helicopters, and Hawk surface-to-air missiles.

Yesterday, arrest documents were served on Amanullah Khan, aka "Wali Merchant," who was already in federal custody in Santa Ana, California, in connection with another matter. Khan, age 54, is a naturalized U.S. citizen and a native of Pakistan. On July 21, 2003, ICE agents arrested Ziad Jamil Gammoh, aka "Al Gammoh" without incident at his residence in Tustin, California. Gammoh, age 53, is a naturalized U.S. citizen and a native of Jordan.

On July 18, 2003, a federal grand jury sitting in the District of Columbia returned a four-count indictment charging Khan and Gammoh with violations of 18 USC 371 (Conspiracy), 22 USC 2778 (Arms Export Control Act), 22 CFR 123.1 et. seq. (International Traffic in Arms Regulations), and 18 USC 2 (Causing an Act to be Done). This indictment was unsealed today.

According to the indictment, Khan and Gammoh attempted to export to China controlled U.S. military components for the F-4 "Phantom" fighter jet and the F-5 "Freedom Fighter / Tiger II" fighter jets without obtaining the required export license or authorization from the U.S. State Department. ICE agents seized all these shipments before they departed the United States.

In announcing the indictment and arrests of the defendants, U.S. Attorney Howard warned that "Those who undertake the export of component parts for U.S.-origin military aircraft and missiles, covered by the Munitions List, also undertake special responsibility for compliance with the Arms Export Control Act. Exporters should not ignore the intended use of these parts and should take special note of the risk to our national security by their diversion to countries which cannot obtain these parts legitimately from the United States."

ICE Acting Assistant Secretary Garcia said: "The items at the heart of this investigation are controlled for good reason: they are sensitive U.S. military components that have significant strategic value. Halting the illegal export and proliferation of critical U.S. military technology is one of the most important missions of ICE and the Department of Homeland Security."

According to the indictment, Khan and Gammoh jointly operated United Aircraft & Electronics, an unincorporated business in Anaheim, Calif., that purchased and resold aerospace, military, and defense aircraft parts to various foreign commercial and government buyers.

The indictment alleges that the defendants advertised defense articles on a database so prospective customers could locate their company as a source for these components. Upon receiving orders from customers, the defendants would allegedly purchase the requested items from various vendors and manufacturers. The defendants would then cause these munitions to be packaged and prepared for export. According to the indictment, neither of the defendants would obtain the required export license from the State Department for any of these shipments to China.

For investigative purposes, undercover ICE agents posed as representatives of a fictitious Chinese company called Sino-American Aviation Supply. Purportedly based in Shenyang, China, Sino-American Aviation Supply sought to purchase U.S. defense articles for shipment to and use in the People's Republic of China.

According to the indictment, undercover ICE agents from Sino-American Aviation Supply placed five orders for controlled military components for F-4 and F-5 fighter jets with the defendants' company. Beginning in November 2000 and continuing through June 2001, the indictment alleges that the defendants acquired several of these components, which they then attempted to export to China while knowingly and willfully failing to obtain the required license or authorization from the U.S. State Department for such exports.

For example, the indictment alleges that on February 8, 2001 and April 24, 2001, the defendants attempted to export to Sino-American Aviation Supply, controlled U.S. military components for F-4 and F-5 fighter jets that they falsely described in the air waybills as "metallic parts." In each case, the defendants failed to obtain the required export license, according to the indictment.

Gammoh made his initial court appearance in U.S. District Court in Los Angeles on July 22. Khan is scheduled to make his initial court appearance soon.

As in all criminal prosecutions, the defendants are presumed innocent unless and until found guilty in a court of law.

This page was last reviewed/modified on 07/24/03 00:00:00.