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The United States Attorney's Office for the Northern District of California announced that Berkeley Nucleonics Corporation of San Rafael, California, was indicted yesterday by a federal grand jury on one count of conspiracy in violation of Title 18, United States Code, Section 371 and six counts of violations of Export Administration Regulations regarding exports to India in violation of Title 50, United States Code, Section 1705(b). In the same indictment, company president David Brown, marketing director Richard Hamilton were each indicted on one count of conspiracy and one count of violating the Export Administration Regulations. Vincent Delfino, former Operations Manager, was also charged with one count of conspiracy and six counts of violating the Export Administration Regulations.
According to the Indictment , Berkeley Nucleonics Corporation ("BNC") and three of its employees solicited business for and knowingly exported nuclear pulse generators and related parts to various entities in India without the export license required by the Department of Commerce. Nuclear pulse generators are devices that are used for calibrating radar or nuclear instruments and have military applications. The export of nuclear pulse generators is regulated by the Department of Commerce, which is authorized to implement Export Administration Regulations in order to protect the national security, foreign policy, nonproliferation, and short supply interests of the United States.
The Department of Commerce also has an "Entities List" of foreign entities to which commodities, technology or software may not be shipped without a license. Both of the entities to which BNC is alleged to have shipped the nuclear pulse generators, Bhaba Atomic Research Center ("BARC") and Nuclear Power Corporation ("NPC"), are divisions of the Government of India's Department of Atomic Energy and are on the Department of Commerce's Entities List. Therefore, a license is required to ship nuclear pulse generators and related parts to BARC and NPC.
The indictment alleges that from December 31, 1998, through July 28, 2000, BNC shipped three model 8020 nuclear pulse generators to BARC, one BH-1 tail pulse generator, and one AP-1 portanium power supply to NPC, and attempted to ship one GL-3 pulse generator to BARC. All of these shipments were made without a license, despite the fact that the defendants had knowledge of the export regulations.
The maximum statutory penalty for the conspiracy count is five years in prison and a $250,000 fine. Each count in violation of Title 50, United States Code, Section 1705(b) has a maximum statutory penalty of 10 years in prison and a fine of $250,000. However, any sentence following conviction would be dictated by the Federal Sentencing Guidelines, which take into account a number of factors, and would be imposed in the discretion of the Court. An indictment simply contains allegations against an individual and, as with all defendants, Berkeley Nucleonics Corporation, Mr. Brown, Mr. Hamilton and Mr. Delfino must be presumed innocent unless and until convicted.
The prosecution is the result of a two-year investigation by agents of the Department of Commerce. Jeff Cole and Candace Kelly are the Assistant U.S. Attorneys who are prosecuting the case with the assistance of Essex Combong.
No dates have yet been set for the defendant's appearances.
A copy of this press release and key court documents filed in the case may also be found on the U.S. Attorney's Office's website at: www.usdoj.gov/usao/can/
All press inquiries to the U.S. Attorney's Office should be directed to Assistant U.S. Attorney Matthew J. Jacobs at (415)436-7181.