Chi Mak, Tai Wang Mak Espionage/Spy Case

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Counterintelligence - Espionage - Spy Case

Name	MAK, Chi & wife Rebecca Lai-wah Chiu Chi Mak aka Seal A aka Jack Ma aka Taichi Mak aka Daichi Mak aka Dazhi Mai Rebecca Laiwah Chiu aka Seal C aka Rebecca Mak aka Laiwa Chu aka Lihua Zhao aka Meihua Zhao	MAK, Tai Wang & wife Fuk-heung Li, son Yui 'Billy' Mak Tai Wang Mak aka Seal D aka Taihong Mak aka Daihong Mak aka Dahong Mai Fuk Heung Le aka Seal B aka Fuk Heung Li Mak aka Flora Mak aka Flora Li
Employer	Chi: Power Paragon, a subsidiary of L-3 Communications/SPD Technologies/Power Systems Group in Anaheim, CA. Rebecca: unemployed but had worked as an electrical engineer	Tai: Broadcast and Engineering Director, Phoenix North American Chinese TV Channel WashTimes: Investigators think Mr. Tai worked as either a courier or a spy handler with China's Ministry of State Security or the 2 PLA. (2 PLA: military intelligence unit of the People's Liberation Army more info) Yui: student at University of California, Los Angeles
Dates of Employment
Employee Type	Staff
Job Title/Duties	Principal Support Engineer. Worked on more than 200 U.S. defense and military contracts as an electrical engineer. Lead engineer on a research project involving the Navy's so-called Quiet Electric Drive propulsion system. "QED is an extremely sensitive project," the FBI said. The US Navy considers it "significant military equipment" and the US bans its export to most countries.
Military Rank
Clearance Level	Granted SECRET level clearance in 1996.

Spying For	People's Republic of China (PRC)
Codename
Spying Dates	Allegedly the spy ring has operated since 1990 (US officials in Washington Times) or 1985 (Assistant U.S. Atty. Deidre Z. Eliot in Los Angeles Times). "Chi Mak acknowledged that he had been placed in the United States more than 20 years earlier, in order to burrow into the defense-industrial establishment to steal secrets. It speaks of deep patience."-- Joel Brenner, the head of counterintelligence for the Office of the Director of National Intelligence, said in an interview in the Washington Post
Co-conspirators	Mak spy ring: Chi Mak, Tai Wang Mak, Rebecca Lai-wah Chiu Mak, Fuk-heung Li, Yui 'Billy' Mak
Methodology	Chi Mak allegedly took computer disks from Anaheim defense contractor Power Paragon, where he was lead engineer on a sensitive research project involving propulsion systems for Navy warships, according to an FBI affidavit. He also allegedly e-mailed photos and reports about the QED system to his home computer. Authorities say Mak and his wife copied the information onto CDs and then delivered them to Tai Wang Mak who encrypted the disks then was scheduled to fly to Hong Kong on Oct. 28 with Li. From there, Mak allegedly planned to travel to Guangzhou in China to meet a contact. According to the 42-page affidavit, agents combing through the trash at Chi's residence found a number of documents torn into small pieces. One document was machine-printed in China and instructed Chi to "join more [professional] associations and participate in more seminars with special subject matters" and then compile the special conference material on a disk. The document also lists the military technologies that were being sought including: Space-based electromagnetic intercept system Space-launched magnetic levitational platform Electromagnetic artillery system Submarine torpedoes Electromagnetic launch system Aircraft carrier electronic systems A second document, hand-printed in Chinese, contained another list of technologies sought: Water jet propulsion Ship submarine propulsion technology, non-air reliant Power system configuration technology, weapons standardization, modularization Early warning technologies, command and control systems technology, defense against nuclear attack technology Permanent electromagnetic motor, overall solution for shipboard power system Shipboard internal and external communications systems Establishment of high frequency, self-linking, satellite communications Submarine HF transient launch technology DDX (next generation destroyer)
Possible Motivations, Problems	Loyalty to the PRC/China
Finances
Identified/ Investigation
Arrest Date/Location	Friday, 28 October 2005, at their home in Downey, CA	Tai Mak & Fuk-heung Li: Friday, 28 October 2005 Los Angeles International Airport as they were about to board a flight for Hong Kong Yui 'Billy' Mak: Wednesday, 7 June 2006
Charges	Failure to register as an agent for a foreign government in violation of 18 U.S.C. 951 Found guilty by a federal jury in May 2007 of conspiracy, two counts of attempting to violate export control laws, failing to register as an agent of a foreign government and making false statements to federal investigators. Sentenced on 24 March 2008 to over 24 years in prison for exporting US defense articles to China	Tai Mak: Failure to register as an agent for a foreign government in violation of 18 U.S.C. 951 Fuk-heung Li: Federal marriage fraud charges Making false statements to federal authorities Failure to register as an agent for a foreign government in violation of 18 U.S.C. 951 Yui 'Billy' Mak: Making false statements to federal authorities Failure to register as an agent for a foreign government in violation of 18 U.S.C. 951
Court
Lawyers
Status	Sentenced to 24 years in jail	Tai Mak, pleaded guilty last year to conspiring to violate export control laws in exchange for a maximum sentence of 10 years in prison. Tai Mak's wife, Fuk Li, pleaded guilty to aiding and abetting the violation of export control laws and received three years of probation. Yui "Billy" Mak, the son of Tai Mak and Fuk Li, pleaded guilty to aiding and abetting the violation of export control laws and was sentenced to time already served. The three will also be deported.

Date/Place of Birth	People's Republic of China Chi Mak born 1940 in Guangzhou Rebecca Lai-wah Chiu born 1943	People's Republic of China Tai Mak born 1949 in Guangzhou Fuk Heung Li born 1957
Citizenship	Naturalized US citizens, June 1985	Permanent US residents, arrived in 22 May 2001
Residences	Downey, Los Angeles County, California	Alhambra, Los Angeles County, California
Education
Family
Other Employment
Additional Bio	Planned to retire in March 2006 and live in Hong Kong, PRC	Tai Wang Mak bio written by his son at UCLA

Documents	Docket: 05-M-394-ALL USA v Mak affidavit (28 October 2005) USA v Mak indictment (15 November 2005) Three charged with acting as foreign agents for the People's Republic of China indictment news release (DOJ news release, 15 Nov 05) Chinese Agent Sentenced to Over 24 Years in Prison for Exporting United States Defense Articles to China (DOJ news release, 24 Mar 08)
Quotes	"Chi Mak acknowledged that he had been placed in the United States more than 20 years earlier, in order to burrow into the defense-industrial establishment to steal secrets. It speaks of deep patience."--Joel Brenner, the head of counterintelligence for the Office of the Director of National Intelligence "Today's 24-year sentence is a fitting punishment for an American citizen who was convicted of working clandestinely on behalf of China in an effort to steal critical information about the U.S. Navy's current and future warship technologies. His prosecution demonstrates our ongoing resolve to use the criminal justice system to protect America's military secrets."--Kenneth L. Wainstein, Assistant Attorney General for National Security "The intelligence services of the People's Republic of China pose a significant threat both to the national security and to the compromise of U.S. critical national assets. The PRC will remain a significant threat for a long time as they attempt to develop their military capabilities and to develop their economy in order to compete in today's world economy." --William Carter, an FBI spokesman. “There is very aggressive economic espionage and reverse engineering by Chinese commercial enterprises exploiting the diaspora of Chinese.”--James Mulvenon, Rand Corporation "We've seen targeting by the Chinese throughout the United States. We've had cases in Palo Alto, California; Wisconsin; Trenton, New Jersey. It's pervasive, it's redundant."--Timothy Bereznay, deputy assistant director of the FBI's Counterintelligence Division "The Chinese now know more about our military than we know about their entire country."--US official on Mak case “A lot of second and third world countries are sending people over here through internships or educational programs to collect information and bring it back to help their home country. And right now the top three intelligence collectors are China, China and China.” --Kurt W. Collins, principal and senior consultant for Fog Advisors, a security management consultant firm
Case Links	Sources and Methods of Foreign Nationals Engaged in Economic and Military Espionage As a former military intelligence officer who has tracked the activities of the People's Liberation Army and Chinese intelligence services for 35 years, I know of no more pervasive and active intelligence threat to America's national security than that posed by the People's Republic of China. The workforce available to the Chinese government and its corporations to devote to gathering information in the United States is nearly limitless……(Heritage Foundation, 5 Nov 05) Chinese Intelligence Agencies The Real War Against America by Brett Kingstone Kingstone tells the true story of the company he founded, Super Vision International, and its struggle against Chinese economic espionage which stole designs, equipment and profits. Sources and Techniques of Obtaining National Defense Science and Technology Intelligence by Huo Zhongwen and Wang Zongxiao, Kexue Jishu Wenxuan Publishing Co., Beijing, 1991 "One of the book's primary goals is to serve as a reference for those in the intelligence cause who are engaged in the work of collecting national defense S&T information"--the authors Chinese espionage handbook details ease of swiping secrets ......The book was written by Huo Zhongwen and Wang Zongxiao, 30-year spy veterans who now teach intelligence at the China National Defense, Science and Technology Information Center (DSTIC) in Beijing. The center coordinates sharing of technology from some 4,000 Chinese intelligence organizations.....(Washington Times, 26 Dec 2000) 18 U.S.C. 951 18 U.S.C. § 951 is aimed at non-political activities, and requires all agents operating under the control of foreign governments or foreign officials, other than diplomats, to notify the Attorney General before acting. There is a limited exception for those engaged in legal commercial transactions. Registration under FARA serves as the requisite notification. Noshir Gowadia Case Bergersen/Kuo/Kang Case Greg Chung Case Foreign Agents Registration Act Frequently Asked Questions about FARA An agent of a Foreign principal is any individual or organization which acts at the order, request, or under the direction or control of a foreign principal, or whose activities are directed by a foreign principal who: 1. engages in political activities, or 2. acts in a public relations capacity for a foreign principal, or 3. solicits or dispenses any thing of value within the United States for a foreign principal, or 4. who represents the interests of a foreign principal before any agency or official of the U.S. government. 50 U.S.C. § 851 requires registration of persons who have knowledge of or have received instruction or assignment in espionage, counterespionage or sabotage service or tactics of a foreign country or foreign political party. 18 U.S.C. § 2386 requires registration by certain organizations which engage in political activity, civilian military activity, operate under foreign control, or have as their purpose to overthrow the government by force.
BOOKS

A Spy’s Motivation: For Love of Another Country

........A new study by a Defense Department contractor shows that divided loyalty, usually on the part of naturalized Americans with roots in a foreign land, has become the dominant motive.

From 1947 to 1990, the study found, fewer than 1 in 5 Americans charged with spying were acting solely or primarily out of patriotic, as opposed to ideological, loyalty to a foreign country. Since 1990, according to the study’s author, Katherine L. Herbig, divided loyalty has been the sole or primary motive in about half of all cases.

“Dual loyalty is a problem we haven’t seen on such a scale since the Revolution,” when many colonists swore allegiance to the British king, said Joel F. Brenner, the top counterintelligence official in the office of the director of national intelligence.

.....But even as the government aggressively courts first-generation and second-generation Americans, the new statistics suggest, it must keep a wary eye out for those whose real loyalty is to their native country or to militant Islam.....(New York Times, 20 April 2008)

REPORT: Changes in Espionage by Americans: 1947-2007 (pdf)

News:

Federal judge orders reporter to disclose sources in China spy story
A federal judge in California subpoenaed a Washington Times reporter Saturday, ordering him to reveal the government sources he used for a 2006 story about a Chinese spy ring. Defense and national security reporter William Gertz cited unnamed US government sources in a May 2006 story, which reported that Justice Department officials had approved new charges and an indictment against Chi Mak [CI Centre materials; JURIST report], a Chinese-American engineer sentenced [JURIST report] in March for conspiring to smuggle sensitive naval intelligence data to China…..(Jurist, 2 Jun 08)

Times reporter subpoenaed for sources

…Bill Gertz, national security reporter for The Washington Times, has been subpoenaed by a federal judge to reveal the confidential sources for a story he wrote more than two years ago about a Chinese spy ring in California. The story, "New Charges Expected in Defense Data Theft Ring," appeared May 16, 2006. Mr. Gertz quoted unnamed U.S. government sources as saying that senior Justice Department officials approved an indictment against Chi Mak, an engineer who worked for Power Paragon, an American defense contractor, charging him with conspiracy and "unlawful export of defense articles." Four of his relatives would also be charged, the story said. U.S. District Court Judge Cormac Carney has ordered Mr. Gertz to appear in his Santa Ana courtroom June 13 and has also requested such supporting documents as e-mails, files and correspondence regarding the case. Mak is already incarcerated, convicted last May of being an unregistered foreign agent who conspired to export sensitive details about American military technology to the People's Republic of China…..(Washington Times, 31 May 08)

Reporter subpoenaed in leak probe

…The newspaper's executive editor said in a report published Saturday that journalist Bill Gertz, the Times' national security reporter, should not have to testify in an a court case to determine who leaked information about a grand jury proceeding regarding Chi Mak, a former California engineer who was sentenced in March to 24 years in prison for spying for China. Gertz has been ordered to appear before U.S. District Court Judge Cormac Carney in Santa Ana, Calif., on June 13 to answer questions about where he obtained information published in a 2006 story about the busted spy ring that revealed grand jury-related details…..(UPI, 31 May 08)

Judge wants reporter to reveal sources in spy case

…Gertz cited U.S. government sources in a 2006 story saying that Justice Department officials approved an indictment against Tai Mak and that four of Mak's relatives would also be charged. Mak's attorneys had objected to Gertz's story, contending the government violated a federal rule barring federal officials from giving information about grand jury proceedings to outsiders. Carney ordered an investigation to determine who leaked the information. "We will be presenting our case to the judge and we remain hopeful that he will be receptive to the arguments we present to him in trying to preserve Bill's and the Times' First Amendment right to report the news and his other legal rights as well,"…..(AP, 31 May 08)

Reporter Ordered To Testify About Sources

…Judge Cormac Carney, who sits in Santa Ana, Calif., has subpoenaed Mr. Gertz to testify on June 13 about his sources for a 2006 story in which he described new charges expected to be filed against an engineer who worked for American defense contractors, Chi Mak, as well as several of his relatives. New indictments were filed in the case, largely, but not entirely, as the article predicted. Mr. Gertz did not respond to an e-mail message last night seeking comment. A law professor who specializes in disputes involving the press said the case could escalate into a major First Amendment showdown with the prospect of jail time or large fines for Mr. Gertz…The subpoena to Mr. Gertz follows an investigation of the leak ordered by Judge Carney in response to a motion by Chi Mak's wife, Rebecca Chiu, who was also a defendant in the case. The leak probe, carried out by the FBI and prosecutors in Washington, was first reported by The New York Sun…….(New York Sun, 30 May 08)

Federal judge sentences China television exec to 10 years in espionage case

US District Judge Cormac J. Carney of the Central District of California on Monday sentenced former Chinese television executive Tai Wang Mak [CI Centre backgrounder] to 10 years in prison for conspiring with his brother, Chi Mak, to smuggle sensitive naval intelligence data to China… Tai Mak, along with his brother and brother's wife, in November 2005 for both acting as, and failing to register as, an agent of a foreign government in violation of 18 USC 951…..(Jurist, 23 Apr 08)

Man gets 10 years in China spy case

A Chinese citizen who conspired with family members to steal U.S. military technology for the People's Republic of China was sentenced to 10 years in federal prison Monday, the maximum he could have received…Mak, 58, who was an Alhambra resident, pleaded guilty last year to conspiring to violate export-control laws. Prosecutors said he was carrying a disk encrypted with information about U.S. naval technology when he and his wife attempted to board a flight to China at Los Angeles International Airport in 2005. Mak's wife and son pleaded guilty to aiding and abetting the violation of export-control laws…Chi Mak, a Chinese American engineer who is Tai Mak's brother and who was portrayed by prosecutors as the central figure in a family of spies, was sentenced to 24 years and five months last month. He worked at the Anaheim-based defense firm Power Paragon Inc., which handles Navy contracts. Chi Mak's wife, also a U.S. citizen, pleaded guilty in 2007…..(LA Times, 22 Apr 08)

Brother Gets 10 Years For Carrying Military Secrets

An Alhambra man arrested as he boarded a plane to Hong Kong and Guangzhou, China, in 2005 carrying U.S. defense technology on an encrypted disk was sentenced in Santa Ana on Monday to 10 years in prison. Tai Mak pleaded guilty to a conspiracy charge after his brother Chi Mak, an engineer with Power Paragon in Anaheim, was convicted of conspiracy to export defense articles, operating as an agent of a foreign government and lying to a federal agent...Tai Mak was arrested the night of Oct. 25, 2005, along with his wife, Fuk Li. Their son, Billy Mak, a UCLA student, was later arrested for his role in encrypting the information…..(KNBC, 22 Apr 08)

Chinese Spy Sentenced to 10 Years in Prison

A Chinese television executive, Tai Wang Mak, was sentenced to 10 years in prison yesterday for conspiring with his brother and other family members to send information about American defense technology to the People's Republic of China. In imposing the maximum 10-year sentence, Judge Cormac Carney rejected a probation officer's recommendation for a six-and-a-half-year term for the former broadcast engineering director for the American branch of a Hong Kong-based satellite channel, Phoenix TV….(New York Sun, 22 Apr 08)

Recent Espionage Cases Involving China

…..(Washington Post, 3 Apr 08)

Chinese Spy 'Slept' In U.S. for 2 Decades

Prosecutors called Chi Mak the "perfect sleeper agent," though he hardly looked the part. For two decades, the bespectacled Chinese-born engineer lived quietly with his wife in a Los Angeles suburb, buying a house and holding a steady job with a U.S. defense contractor, which rewarded him with promotions and a security clearance. Colleagues remembered him as a hard worker who often took paperwork home at night. Eventually, Mak's job gave him access to sensitive plans for Navy ships, submarines and weapons. These he secretly copied and sent via courier to China -- fulfilling a mission that U.S. officials say he had been planning since the 1970s. Mak was sentenced last week to 24 1/2 years in prison by a federal judge who described the lengthy term as a warning to China not to "send agents here to steal America's military secrets." But it may already be too late: According to U.S. intelligence and Justice Department officials, the Mak case represents only a small facet of an intelligence-gathering operation that has long been in place and is growing in size and sophistication.…..(Washington Post)

Engineer sentenced to 24 years in China conspiracy case

A Chinese-born engineer portrayed by a prosecutor as the hub in a family of spies was sentenced Monday to 24 years and five months in federal prison for conspiring to export U.S. military technology to China. "I believe you betrayed the United States," U.S. District Judge Cormac Carney told Chi Mak, 67, a former electrical engineer at an Anaheim-based firm that handled Navy contracts."I don't know how much damage he did to us," Carney said later, noting that the naturalized citizen acted illegally as an agent of the People's Republic of China when he attempted to compromise sensitive technology used in the operation of U.S. warships…Mak was convicted in May of conspiracy to violate export control laws, attempting to violate export control laws, acting as an unregistered agent of China and lying to the FBI. Monday's sentencing in Santa Ana capped an 18-month investigation of Mak's family that ended in October 2005 when he and four other family members were arrested by the FBI. They were charged in a scheme to illegally send the military information to China. The other four -- Mak's wife, brother, sister-in-law and nephew -- have pleaded guilty and agreed to jail terms or probation…….(LA Times, 25 Mar 08)

Spy for China gets 24 years

A federal judge yesterday sentenced a Chinese-born U.S. engineer to 24 years in prison for his role in supplying sensitive military technology to China, saying he was sending a message to China's intelligence services. Chi Mak, who was convicted of supplying U.S. Navy technology data to China, also was fined $50,000 by U.S. District Judge Cormac Carney, ending the case of a family spy ring. "We will never know the full extent of the damage that Mr. Mak has done to our national security," Judge Carney wrote in a statement filed for the sentencing… Mak, his wife, Rebecca Laiwah Chiu, his brother Tai Mak and Tai Mak family members Fuk Li and Billy Mak were arrested in 2005 as part of an investigation of a spy ring that funneled defense technology to China, including details of U.S. submarine and warship technology……(Washington Times, 25 Mar 08)

Taliban militants kill Afghan 'US spy' in Pakistan: official

Taliban militants shot dead an Afghan refugee in a Pakistani tribal area, accusing him of spying for US forces operating in neighboring Afghanistan, officials said Tuesday. A note left on the body of 40-year-old Abdullah Jan said he "met his fate because he was spying for the Americans,"…..(AFP, 25 Mar 08)

Engineer Gets 24 1/2 Years in Prison

…Chi Mak, 67, a naturalized U.S. citizen who worked on naval propulsion systems, was also convicted of acting as an unregistered foreign agent, attempting to violate export control laws and making false statements to the FBI…Mak's wife, Rebecca Laiwah Chiu, pleaded guilty last year on the eve of her trial to one count of acting as a foreign agent without registering with the U.S. government. She is serving three years in federal prison and will be deported upon release. His brother, Tai Mak, pleaded guilty last year to conspiring to violate export control laws in exchange for a maximum sentence of 10 years in prison. Tai Mak's wife, Fuk Li, pleaded guilty to aiding and abetting the violation of export control laws and received three years of probation. Yui "Billy" Mak, the son of Tai Mak and Fuk Li, pleaded guilty to aiding and abetting the violation of export control laws and was sentenced to time already served. The three will also be deported……(AP, 24 Mar 08)

30-Year Sentence Sought in China Spy Case

Federal prosecutors want an electrical engineer to serve more than 30 years in prison for transferring submarine technology to the People's Republic of China. The 30-year, five-month term sought by the Justice Department likely would amount to a life sentence for Chi Mak, 67, who was convicted by a jury last year on five felony counts, including conspiring to export defense technology without a license and acting as an unregistered foreign agent…Judge Cormac Carney is scheduled to sentence Mak in Santa Ana, Calif., on March 24. Four of Mak's family members entered guilty pleas to related charges. Mak's wife, Rebecca Chieu, has agreed to serve three years and be stripped of her American citizenship. His brother, Tai, could get up to 10 years……(New York Sun, 11 Mar 08)

China spy case seen as warning

Accusations of economic espionage against Dongfan "Greg" Chung, an Orange resident and former Boeing Co.engineer, suggest he may have been only a minor player in Chinese efforts to obtain foreign space and military technology, experts said. The federal charges against Chung include stealing trade secrets about the space shuttle, the Delta IV rocket and the C-17 military cargo jet for the benefit of the Chinese government and aerospace industry... According to Chung's indictment, a Chinese government official wrote to Chung in 1987 suggesting that passing information though Mak was "faster and safer." In 1988, the same official wrote to Chung that Mak's wife was in China and had reported that the Maks and Chungs had a good relationship, the indictment said.......(OC Register, 20 Feb 08)

Plea Entered in China Secrets Case

…An indictment unsealed last week charges Dongfan "Greg" Chung, 72, with economic espionage, conspiracy, acting as a foreign agent, obstruction of justice and making false statements to the FBI. Chung, who is free on bail, was arraigned before U.S. Magistrate Judge Marc Goldman in Santa Ana. Goldman set a trial date of April 8…The case against Chung grew out of an investigation into another Chinese-American engineer who worked for a U.S. naval contractor in Anaheim. That engineer, Chi Mak, was convicted last year of conspiring to export U.S. defense technology to China and other crimes. He is awaiting sentencing……(AP, 19 Feb 08)

Former Boeing Engineer Charged With Economic Espionage in Theft of Space Shuttle Secrets for China

A former Boeing engineer was arrested this morning after being indicted last week on charges of economic espionage and acting as an unregistered foreign agent of the People's Republic of China (PRC), for whom the engineer stole Boeing trade secrets related to several aerospace programs, including the Space Shuttle…The indictment accuses (Dongfan "Greg")Chung of eight counts of economic espionage, one count of conspiracy to commit economic espionage, one count of acting as an unregistered foreign agent without prior notification to the Attorney General, one count of obstruction of justice, and three counts of making false statements to FBI investigators. Chung, a native of China who is a naturalized United States citizen, held a Secret security clearance when he worked at Rockwell and Boeing on the Space Shuttle program…The case against Chung is related to an investigation into another engineer who worked in the United States and obtained sensitive military information for the PRC. The man, Chi Mak, and several of his family members were convicted last year of providing defense articles to the PRC. Mak is scheduled to be sentenced on March 24.....(DOJ Press Release, 11 Feb 08)

Relatives of Chinese Spy Face Deportation After Arrest by Feds

The sister-in-law and nephew of a former Orange County, California engineer convicted of orchestrating a scheme to smuggle sensitive defense information to China face deportation following their arrest by Immigration and Customs Enforcement (ICE). Fuk Hueng Mak Li, 50, and her son Billy Yui Mak, 27, were taken into custody this morning by ICE agents on administrative immigration violations. The pair, who immigrated to the United States legally in 2001 from their native country of China, became subject to deportation after pleading guilty to federal charges stemming from their role in the espionage plot. Mak Li's brother-in-law, Chi Mak, 67, a former engineer for Anaheim defense contractor Power Paragon, was convicted last year of acting as an agent of a foreign government for his native country of China. Chi Mak, his wife, brother Tai Mak, and Mak Li were arrested by federal agents in October 2005 after Tai Mak and Mak Li attempted to board a flight from Los Angeles to China carrying an encrypted compact disc containing sensitive military information. Billy Mak was subsequently charged with helping prepare the encrypted disc……(National Ledger, 25 Jan 08)

Relatives of Orange County engineer convicted of spying for China face deportation after arrest by ICE

…Fuk Hueng Mak Li, 50, and her son Billy Yui Mak, 27, were taken into custody this morning by ICE agents on administrative immigration violations. The pair, who immigrated to the United States legally in 2001 from their native country of China, became subject to deportation after pleading guilty to federal charges stemming from their role in the espionage plot. Mak Li's brother-in-law, Chi Mak, 67, a former engineer for Anaheim defense contractor Power Paragon, was convicted last year of acting as an agent of a foreign government for his native country of China. Chi Mak, his wife, brother Tai Mak, and Mak Li were arrested by federal agents in October 2005 after Tai Mak and Mak Li attempted to board a flight from Los Angeles to China carrying an encrypted compact disc containing sensitive military information. Billy Mak was subsequently charged with helping prepare the encrypted disc…Chi Mak, his wife, and brother are all awaiting sentencing. Earlier this week, a federal judge denied Chi Mak's request for a new trial. Meanwhile, Mak Li and Billy Mak were sentenced in fall 2007, paving the way for ICE to initiative removal proceedings against them. Billy Mak was sentenced to 11 months in prison, time he had already served, and Mak Li received probation……(Border Fire Report, 10 Jan 07)

U.S. to deport relatives of Chinese-born engineer in export case

Federal immigration officials said Wednesday that they have arrested the sister-in-law and nephew of a Chinese-born engineer convicted of conspiring to export U.S. defense technology to China and intend to deport them to China. Fuk Li, 50, and her son, Billy Mak, 27, both pleaded guilty to federal offenses last year when they were arrested during an investigation into their relative, engineer Chi Mak. Because of their guilty pleas, they are eligible for deportation and will remain in custody until a hearing before a federal immigration judge, according to the U.S. Immigration and Customs Enforcement. Both came to the United States in 2001 from China. Li pleaded guilty to helping Chi Mak, an engineer of the Anaheim-based defense contractor Power Paragon, violate export control laws and was sentenced to probation. Her son pleaded guilty to the same charge, was sentenced to 11 months in prison and was given credit for time served…..(AP, 9 Jan 08)

Judge denies new trial for engineer spy

A former Anaheim engineer found guilty last year in a high-profile Chinese espionage case lost his battle to overturn the conviction Monday, after a federal judge denied a motion for a new trial. Chi Mak, 67, of Downey, faces up to 45 years in prison when he is scheduled to be sentenced March 24 by U.S. District Court Judge Cormac J. Carney. Mak used to work for the Anaheim-based naval defense contractor Power Paragon. Prosecutors allege he was a longtime agent for the Chinese government. In May, a jury agreed, and convicted Mak, a naturalized U.S. citizen, of exporting sensitive defense technology to China by giving his brother three encrypted files containing protected naval technology to take to China. A search of his house also yielded other documents containing military technology…..(Orange County Register, 8 Jan 08)

Lawyers say prosecutors used veiled threats to discourage witness in conspiracy case

Lawyers for a Downey man convicted of trying to pass defense technology to China alleged today that prosecutors used veiled threats to discourage a potential defense witness from testifying. The allegation was made in federal court in Santa Ana as part of an effort to get a new trial for Chi Mak, 66, who faces up to 45 years in prison for conviction on five charges, including conspiracy to send information to China…..(North County Times, 8 Jan 08)

Plea bargain signed with psychiatrist accused of spying for Iran

The state prosecution on Tuesday signed a plea bargain with David Shamir, a psychiatrist in the IDF who was accused of espionage after he allegedly attempted to sell information to Iranian agents…..(Jerusalem Post, 8 Jan 08)

China Developing Scramjet Propulsion

…The Chinese allowed a peek into multiple aspects of their scramjet efforts at the recent American Institute of Aeronautics and Astronautics Joint Propulsion Conference in Cincinnati. Chinese engineers from several research facilities presented about a dozen papers on their scramjet developments, as well as details on the new wind tunnel…The Cincinnati meeting differed from a traditional U.S. industry gathering, because nearly a dozen engineers from Iran also submitted papers on Iranian solid and liquid rocket technologies. The Iranian engineers are based at the Sharif University of Technology and the KNT Technical University, both in Tehran. They apparently did not deliver the papers in person. However, as participants, the Iranians have access to all of the highly detailed U.S. aircraft and rocket propulsion presentations made at the conference…Ironically, one the more interesting historical papers presented at the forum was a detailed description of how the U.S. Air Force and Lockheed combined top-secret ramjet propulsion technologies with segmented solid rocket boosters for the Mach 3 D-21B reconnaissance drones that were launched by modified SR-71s and B-52Hs in the late 1960s (see center photo). The D-21B was specifically developed to gather intelligence over China….(Aviation Week, 3 Sep 07)

Scramjet Conference Conundrum

An alert reader pointed out this interesting article in Aviation Week which raises the issue, which we last talked about in relation to the Chi Mak prosecution, of deemed exports at scientific conferences. The conference in question was an American Institute of Aeronautics and Astronautics conference in July on propulsion technologies, including scramjet and related technologies….(Export Law Blog, 6 Sep 07)

Chi Mak Export Trial Begins

The trial of Chi Mak and other members of his family for export of ITAR-controlled technical data begins this week. An article on the upcoming trial by New York Sun reporter Josh Gerstein, who has been following this case with some care, has this interesting tidbit….(Export Law Blog, 26 Mar 07)

Prosecution Run A-Mak

Yesterday we commented on the argument by the prosecutors in the Mak trial that export of public domain technical data to an embargoed country, such as China, violates the Arms Export Control Act. Josh Gerstein, the intrepid New York Sun reporter covering the case, read our post and sent a copy of the government’s brief in which it makes that claim. The prosecution’s argument couldn’t be simpler and couldn’t be more wrong….(Export Law Blog, 27 Mar 07)

5th defendant in spy case pleads guilty

A Downey woman accused of being part of a ring that sent information about sensitive U.S. military technology to China pleaded guilty on the eve of her trial. Rebecca Chiu, 63, pleaded guilty Tuesday night to acting as an unregistered agent of China and agreed to serve 36 months in federal prison, said defense attorney Stanley Greenberg. Chiu, a naturalized U.S. citizen, also agreed to renounce her American citizenship, he said… She is the last defendant in a case involving five family members convicted of passing unclassified but sensitive data about U.S. naval technology to the Chinese. Chiu's husband, Chi Mak, was found guilty last month of conspiracy to violate export-control laws, attempting to violate export-control laws, acting as an unregistered agent for China and lying to the FBI. Mak, 66, is an electrical engineer who worked at an Anaheim-based defense firm. He will be sentenced in September and faces up to 45 years in prison…..(LA Times, 7 Jun 07)

Woman admits to acting as agent for China

In what a prosecutor called a "historic" plea, a Downey woman who is a naturalized U.S. citizen pleaded guilty Wednesday to acting as a foreign agent without registering with the United States government. Rebecca Chiu, 63, was set to go to trial Wednesday, but under an agreement reached late Tuesday night she will face a three-year prison term and voluntarily leave the country when she is released…..(Franklin City News, 7 Jun 07)

Plea Deal Ends China Tech Export Case

Rebecca Laiwah Chiu, 63, reached a plea deal with federal prosecutors late Tuesday on the eve of her trial on charges of conspiracy to export defense articles, failure to register as a foreign agent and making false statements to the FBI. Chiu instead pleaded guilty to one count of acting as a foreign agent without registering with the U.S. government and will serve three years in prison….(AP, 6 Jun 07)

Beijing Denies Spying Charges

China yesterday denied it was trying to steal US military secrets, one day after US federal prosecutors said three people had pleaded guilty to trying to send China sensitive data on submarine technology. “The idea of so-called Chinese theft of US military secrets is groundless and reflects ulterior motives,” foreign ministry spokeswoman Jiang Yu told reporters….(Agence France-Presse, 6 Jun 07)

Relatives of US engineer convicted of China spying plead guilty

Three relatives of a Chinese-American engineer convicted earlier this year of conspiring to smuggle sensitive naval intelligence data to China have pleaded guilty to related charges as part of a plea agreement….(Jurist, 6 Jun 07)

3 plead guilty in military data conspiracy

…Tai Mak, 57, pleaded guilty in U.S. District Court in Santa Ana to violating export-control laws. His wife, Fuk Heung Li, 49, pleaded guilty to aiding and abetting the violation of those laws. Their son, Billy Yui Mak, 26, pleaded guilty Friday to the same charge as his mother. All three live in Alhambra. Chi Mak, 66, of Downey, was found guilty May 10 after a six-week trial of acting as an unregistered agent for China, lying to the FBI, conspiracy to violate export-control laws and attempting to violate export-control laws. The trial of Chi Mak's wife, Rebecca Laiwah Chiu, 63, is scheduled to begin today. Chi Mak, a naturalized U.S. citizen, worked at Anaheim-based Power Paragon Inc., a firm with many Navy contracts. The FBI kept him under surveillance for 18 months using cameras, wiretaps and microphones hidden in his car and work cubicle…..(LA Times, 5 May 07)

Engineer's Family To Plead Guilty In Spy Case

Three family members of a Chinese-American engineer convicted last month of spying for China have agreed to plead guilty to charges stemming from an investigation into the transfer of submarine technology. A jury found Chi Mak guilty of conspiring to violate export laws, operating as a Chinese agent in America, and lying to the FBI. Mak's brother and sister in law, Tai Wang Mak and Fuk Li, and their son, Billy Mak, were set to go on trial today in Santa Ana, Calif…..(New York Sun, 5 Jun 07)

Spy sold submarine secrets to China

A Chinese-born engineer has been found guilty of conspiring to export US defense technology to Beijing - including data that would make it easier to detect submarines - as the FBI said Chinese spies had become the most active agents in the US. Prosecutors described Chi Mak, 67, as a brilliant sleeper agent who had been passing defense technology secrets to Beijing for more than 20 years. He will be sentenced on September 10….(Times, 14 May 07)

Engineer guilty in plot to give data to China

…Chi Mak, 66, was found guilty of helping provide China unclassified but export-controlled information, including data on a submarine electronic system and a quiet electronic propulsion system planned for future warships. Mak was found guilty of conspiracy to violate export regulations and for failing to register as a Chinese agent, after several days of deliberations. The trial lasted six weeks. Sentencing was set for Sept. 10, and Mak faces up to 35 years in prison. Mak at first showed no emotion when the verdict was read but then appeared to fight tears as defense attorney Marilyn Bednarski teared up and rubbed his back. Prosecutors dropped charges accusing Mak of exporting. They said Mak's brother Tai Mak was the courier in the spy ring and will face those charges in a later trial. The trial was the first in what U.S. officials say will be several cases involving a family spy ring that also included both Mak brothers' wives and Tai Mak's son Billy Mak. A second trial is set for June 5…..(Washington Times, 11 May 07)

Engineer in China case convicted

…Chi Mak, a naturalized citizen, was convicted of conspiracy to violate export control laws, attempting to violate export control laws, acting as an unregistered agent of the People's Republic of China, and lying to the FBI… Prosecutors described Mak as a sleeper agent who began preparing for his assignment in the U.S. in the 1960s, when he moved from China to Hong Kong, then a British colony. Federal agents said Mak admitted sending military-related documents to China and they found thousands of pages of the files in his home. "To the extent that there is Chinese espionage going on in the United States, I hope [the conviction] sends a strong message,"….(LA Times, 11 May 07)

Guilty verdict in US 'spy trial'

A US court has found a Chinese-born engineer guilty of conspiring to export sensitive defence technology to China. Chi Mak, 66, was also convicted of acting as a foreign agent and of making false statements to federal agents….(BBC, 11 May 07)

Engineer Guilty in Military Secrets Case

After a six-week trial, a federal jury convicted a Chinese-born engineer of conspiring to export U.S. defense technology to China, including data on an electronic propulsion system that could make submarines virtually undetectable…..(AP, 11 May 07)

Communist spy ring tried to steal Space Shuttle plans

…Chi Mak, a 66-year-old naturalised US citizen born in Guangdong Province, China, was found guilty of conspiracy to violate export regulations and of failing to register as a Chinese [import] agent after a six week trial. Mak had apparently supplied his brother Tai with quiet-drive related documents which were then put on disc in order to be taken to China. The documents were unclassified, but were proprietary and export-controlled. But at the last minute the feds stepped in, snapping the bracelets on Tai Mak and his wife at LAX in October 2005 as they were preparing to leave the US…..(Register, 11 May 07)

Downgraded O.C. 'spy' case goes to jury

The counterespionage operation was authorized by the top-secret Foreign Intelligence Surveillance Act court. FBI agents snapped photos of one suspected spy with cameras they had hidden in his house and mounted on light poles across the street and in his company's parking lot. In fall 2005, authorities dismantled what they said was a family spy ring that had been sending U.S. military secrets to China for two decades. Two alleged spies were arrested at Los Angeles International Airport before they could board a midnight flight to Guangzhou with encrypted information about U.S. warships. The arrests were followed by media reports fueled by government leaks that billed the investigation as a major espionage case. But what began as a spy thriller has morphed into a mundane prosecution of violations of federal export control laws. At the center of the spy ring…..(LA Times, 8 May 07)

Military secrets case against Chinese-born engineer goes to jury

…"The defendant was spying for China," Assistant U.S. Attorney Craig Missakian said Monday in closing arguments. "This man's life has been defined by one thing and that is hiding his connection to the People's Republic of China." The six-week case against Chi Mak, 66, a naturalized U.S. citizen, went to the jury later in the day after prosecutors claimed he took material from his employer and gave it to his brother to pass along to Chinese authorities…..(AP, 8 May 07)

Trial of Chinese-American engineer accused of defense exports nears close

…Authorities believe Mak, a naturalized U.S. citizen, took thousands of pages of documents from his employer, Power Paragon of Anaheim, and gave them to his brother, who passed them along to Chinese authorities for years. A jury is expected to get the case Monday after closing arguments. The six-week trial featured testimony from a parade of FBI agents, U.S. Navy officials, encryption and espionage experts and the 66-year-old engineer himself. If convicted, Mak could get more than 50 years in prison….(AP, 7 May 07)

Prosecutor zeroes in on accused engineer's lies

A federal prosecutor Thursday bore down on a Chinese American engineer's lies and contradictions in a case in which he is accused of illegally sending military information to China and being an intelligence agent….(LA Times, 4 May 07)

Prosecution Challenges Credibility of Accused Spy

The prosecution wasted no time yesterday in challenging the credibility of an accused Chinese spy, Chi Mak, who has denied he was trying to aid the Chinese government when he arranged to send disks containing submarine propulsion technology to China…Some of the most damning evidence against Mr. Mak may be notes found in his home and his brother's home, containing what seems to be a series of coded phrases. One phrase, "send a card," appeared next to the words "help your mother in law." Mr. Mak testified Wednesday that he got the list from his niece who said it could be used to communicate about her ailing mother in China without upsetting people…Mr. Mak's wife, brother, sister-in-law, and nephew have all been charged with conspiracy to illegally export defense articles. They are set to be tried later….(New York Sun, 4 May 07 )

Engineer in Export Trial Admits Lies

…Chi Mak, 66, also acknowledged during cross-examination that he lied repeatedly to FBI agents during an hours-long interrogation immediately after his arrest and that he lied on his U.S. immigration form years ago. He said he didn't realize at the time that making the copies was illegal. Authorities believe Mak, a naturalized U.S. citizen, took thousands of pages of documents from his employer, Power Paragon of Anaheim, and gave them to his brother, who passed them along to Chinese authorities for years….(AP, 3 May 07)

Prosecutor zeroes in on accused engineer's lies

Engineer denies confessing to giving data

The Chinese American engineer on trial for allegedly conspiring to send U.S. military technology information to China denied Wednesday government allegations that he confessed to providing sensitive data to his homeland's military. Under questioning by defense attorney Ronald O. Kaye, Chi Mak denied telling investigators that he had been sending information to China since 1983. Prosecutors said Mak confessed while he was interrogated in the Santa Ana City Jail two days after his arrest…..(LA Times, 3 May 07)

FBI Frets in Spy Case Over China

…While Russian and Eastern European spy agencies were known to rely on a few well-compensated recruits who employed cloak-and-dagger techniques to gather crucial secrets, China tends to seek a broad array of technology by relying on the sentiments and loyalties of Chinese-Americans and Chinese students in this country. One result is that the culpability of those involved can be harder to prove in court, especially beyond a reasonable doubt….Mr. Mak's defense has, that he was engaged in the ordinary exchange of ideas among scientists. Both men also complicated their prosecutions by arguing that the information was in the public domain or not well-protected. "These trials … basically end up putting corporations and the government on trial for failing to have stringent enough controls over the data,"…(New York Sun, 3 May 07)

Engineer denies sending data to China

…Chi Mak testified for about two hours, appearing relaxed and confident as he answered questions from defense attorney Ronald O. Kaye. Kaye wasted no time asking him about three computer disks that are at the heart of the government's case. Federal agents recovered the disks on Oct. 28, 2005, from his brother, who was trying to board a midnight flight to China with his wife at Los Angeles International Airport. "Did you give the three disks to Tai Mak in order to give them to the Chinese government?" Kaye asked. No, Mak said….(LA Times, 2 May 07)