Criminal Arrests and Convictions
Jianhua Li
Jianhua “Jeff” Li was sentenced on July 30, 2019 for his participation in a scheme to traffic and smuggle counterfeit Apple products from China. Li, while in the US on a student visa, smuggled an estimated 40,000 counterfeit iPads and iPhones and packaging, netting an estimated $1.1 million in sales proceeds into Li’s overseas accounts. Monies were first sent to accounts in Florida and New Jersey with a portion then sent to conspirators in Italy to disguise the source of the funds.
Li was the Sales Manager at Dream Digitals Technology (HK) Co, Ltd, a company who manufactures tablets, cellular phones and portable digital music players allegedly bearing counterfeit Apple trademarks. Li would ship product to the US via the help of 3 co-conspirators: Andreina Becerra, Roberto Volpe and Rosario LaMarca. Becerra, President of VAS Export Corporation in Miami, FL, and her husband, Volpe, imported approximately 40,000 electronic devices for which Becerra, Volpe and VAS received over $1.1 million. LaMarca, as president of RLN Incorporated in New Jersey, also received thousands of counterfeit Apple and Sony devices from Li and resold them to unsuspecting US customers. To avoid detection by CBP, the devices and fake labels were shipped separately and were then assembled and subsequently sold to customers.
Becerra, Volpe and LaMarca have pleaded guilty: Becerra was sentenced to 3 years’ probation; Volpe was sentenced to 22 months’ imprisonment; and LaMarca to 37 months’ imprisonment.
Li was sentenced to 37 months' imprisonment. As of the date of this article, Li, under register number 69151-112, was not listed as a federal inmate in the Federal Bureau of Prisons' website.
Further Reading:
https://www.justice.gov/usao-nj/pr/chinese-national-sentenced-37-months-prison-trafficking-counterfeit-apple-goods-united
Mehdi Hashemi
On August 20, 2019, US authorities arrested Mehdi “Eddie” Hashemi for his alleged participation in a conspiracy to illegally export computer numerical control (CNC) machines to Iran in violation of the International Emergency Economic Powers Act (IEEPA) and Iranian sanctions.
Hashemi bought CNC machines from US and Canadian suppliers and shipped the machines to the United Arab Emirates using fake invoices and packing lists. The machines were then forwarded to Iran from the UAE and were allegedly purchased on behalf of an unnamed textile, medical and automotive components manufacturer. Hashemi is also charged with lying to federal authorities when questioned in 2018 regarding his illegal activities, intention to send the parts to Iran and knowledge of export violations.
Feroz Khan, of the United Arab Emirates, was charged in the indictment for helping Hashemi forward the CNC Machines from the UAE to Iran and is a fugitive.
Hashemi, a dual citizen of the US and Iran, faces a maximum sentence of 320 years’ imprisonment if convicted of all charges.
Further Reading:
https://www.justice.gov/usao-cdca/pr/man-taken-custody-after-being-charged-illegally-exporting-prohibited-manufacturing
Saad Ahmed
On September 5, 2019, Saad Ahmed, owner of PhonePartsUSA.com LLC, pleaded guilty to a federal charge of conspiracy to traffic in counterfeit goods.
Ahmed admitted to trafficking approximately $1.5 million of counterfeit cellular phone parts that bore fraudulent Samsung, Apple and UL trademarks. The vast majority of parts were purchased from overseas suppliers based principally in China. Ahmed's conspirators were named as "Alfie Wu", "Linda Jin" and "Helen Hao".
Ahmed additionally "grossly undervalued his international imports to deflect US. Customs' attention from his shipments." To avoid detection by CBP, the shipments containing counterfeit materials were separated from other shipments, counterfeit trademarks were obscured by protective stickers, and addresses and names to which counterfeit product was sent were manipulated in order to deflect detection.
Ahmed has agreed to pay $269,681 in restitution to the trademark holders and forfeit 4,453 cell phone parts and accessories seized in June 2018 by Homeland Security Investigations. His sentencing is scheduled for December 9, 2019. If convicted, Ahmed faces a maximum of 10 years imprisonment and a fine of up to $2,000,000.
Further Reading:
https://www.justice.gov/usao-sdca/pr/las-vegas-businessman-admits-trafficking-more-1-million-counterfeit-electronics
https://timesofsandiego.com/crime/2019/09/05/man-admits-selling-san-diegans-chinese-counterfeits-of-samsung-apple-gear/
Negar Ghodskani
On September 24, 2019, Negar Ghodskani was sentenced to 27 months' imprisonment for her participation in a conspiracy to illegally export controlled technology from the United States to Iran through a Malaysian company, Green Wave Telecommunication, which acted as a front company for Fanavar Moj Khavar (Fana Moj), a company that supplies microwave radio systems and wireless broadband access to the Islamic Republic of Iran Broadcasting (IRIB). Both the IRIB and Fana Moj have been placed on the Specially Designated National list for their alleged support of international terrorism.
From 2008 through 2011, the government alleges that Ghodskani falsely represented herself as an employee of Green Wave to purchase restricted digital communications equipment which was subsequently diverted to Iran. Ghodskani and other co-conspirators concealed the destination and end-user of the controlled product through illegal financial transactions and misstatements.
Ghodskani was indicted by the US government in 2015 and arrested in Australia in 2017.
Ghodskani, who pleaded guilty to conspiracy to defraud the United States, was sentenced to time served and was subsequently deported back to Iran. Co-conspirator, Alireza Jalali, was sentenced in March 2018 to 15 months' imprisonment for his role as the former head of purchasing for Green Wave.
Green Wave has also been placed on the Specially Designated Nationals List.
Further Reading:
https://www.justice.gov/usao-mn/pr/iranian-citizen-sentenced-conspiring-facilitate-illegal-export-technology-iran-0
http://www.startribune.com/iranian-sentenced-deported-for-illegally-exporting-tech-items-from-minnesota-to-iran/561337842/?refresh=true
Artur Pupko
On September 25, 2019, Artur Pupko, a/k/a Arthur Pupko, pleaded guilty in a US federal court to three charges of trafficking in counterfeit goods.
The government alleges that Pupko, in collaboration with 9 other defendants, conspired in a scheme to sell counterfeit mobile phones and accessories that were misrepresented as genuine Apple and Samsung products in popular online platforms. Pupko imported the counterfeit product from Hong Kong and China through six companies based in Idaho: AlphaCell LLC, AnchorCell LLC, Cell2U4Less LLC, CellLife LLC, Cellularity LLC and Purecell LLC. The items were sold on Amazon and eBay to the general public and on various occasions to law enforcement. It is estimated that between $9.5 million and $35 million worth of counterfeit product was sold by Pupko from 2014 through 2018. The government alleges that various automobiles, jewelry, properties in Idaho, including a church and real estate in Brazil, were purchased with the proceeds.
Pupko’s co-defendants are: Pavel Babichenko, Gennady Babitchenko, Piotr Babichenko, Timofey Babichenko, Kristina Babichenko, Natalya Babichenko, David Bibikov, Anna Iyerusalimets and Mihail Iyerusalimets. Named entities include: Babichenko LLC, Midstar Distributor LLC, Midstar LLC, Midway Distributors Inc, Midway Distributor LLC, Midway Cellular LLC, Pacific Cellular Distributor LLC, Power Moxie LLC, Sahara Case LLC, Blue Ocean Distribution LLC, Mobi LLC, Mobi Recycle LLC, Mobile Recycle LLC, Mobi Recycling, Sahara Case LLC, Ariginall LLC, Global Distributing LLC, Global Distributors LLC, Wholesale Gadgets LLC, Wholesale Cell Phones LLC, Babichenko Dental Lab Inc, Babichenko & Sons LLC, European Denture Center, Morning Star Christian Church Inc, Russian Christian Church, Morning Star Mission Inc, Cell Phone Geeks LLC, Wireless Closeouts LLC, Droid Masterz LLC, Mountain Wireless Distributing LLC, Peg-A-Phone LLC, Western Trade LLC, Cell Zone LLC, Electro Metro LLC, Mobile Rack LLC, Mountain Wireless Distributing LLC, Simplified Selling LLC, Vast Trace LLC, Bibbs Electronics LLC, Case & More LLC, CellTalk LLC, Cell Function LLC, Speedy Wireless LLC and Tech4RLess LLC.
These other co-defendants have pleaded not guilty and were scheduled for trial in October 2020. The co-defendants face up to 20 years’ imprisonment and a $250,000 fine for money laundering, wire fraud and mail fraud and up to 10 years’ imprisonment and a $5 million fine for counterfeit trafficking. One co-defendant who is out on release, Paul Babichenko, has filed a permit in Boise, Idaho to sell mobile phones and accessories.
Pupko has agreed to pay restitution of $9.5 million to Apple and Samsung. Pupko faces a maximum of 10 years’ imprisonment and a $5 million dollar fine. A sentencing date is scheduled for December 17, 2019.
Further Reading:
https://www.justice.gov/usao-id/pr/boise-man-pleads-guilty-multi-million-dollar-counterfeit-cellphone-scheme
https://idahonews.com/news/local/boise-man-pleads-guilty-to-multi-million-dollar-counterfeit-cellphone-scheme
https://www.idahostatesman.com/news/local/investigations/watchdog/article235473527.html