Académique Documents
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EILEEN M. DECKER
United States Attorney
PATRICIA A. DONAHUE
Assistant United States Attorney
Chief, National Security Division
ANTHONY J. LEWIS (Cal. Bar No. 231825)
Assistant United States Attorney
Deputy Chief, Terrorism and Export Crimes Section
1500 United States Courthouse
312 North Spring Street
Los Angeles, California 90012
Telephone: (213) 894-1786
Facsimile: (213) 894-7631
E-mail: anthony.lewis@usdoj.gov
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Plaintiff,
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v.
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No. SA CR 14-131
PLEA AGREEMENT FOR DEFENDANT
SU BIN
SU BIN,
aka "Stephen Su,"
aka "Stephen Subin,"
aka "Steven Subin,"
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Defendant.
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1.
("defendant") and the United States Attorney's Office for the Central
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This agreement is limited to the USAO and cannot bind any other
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DEFENDANT'S OBLIGATIONS
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a.
b.
c.
in this agreement.
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d.
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for service of
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e.
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g.
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proceeding.
h.
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a.
b.
in this agreement.
c.
d.
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however, that at the time of sentencing the Court may consider the
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Defendant agrees,
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U.S.S.G.
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f.
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Guidelines range, provided that the offense level used by the Court
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category.
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g.
4.
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Title 18, United States Code, Section 371, the following must be
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true:
a.
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commit one or more federal offenses (in this case, two federal
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offenses:
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18, United States Code, Section 1030(a) (2) (C) and (c) (2) (B) (i); and
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second, to violate the Arms Export Control Act ("AECA"), Title 22,
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Parts 120-130);
b.
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at least one of its objects and 'intending to help accomplish it; and
c.
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least one overt act for the purpose of carrying out the conspiracy.
5.
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violation of the Computer Fraud and Abuse Act, Title 18, United
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States Code, Section 1030 (a) (2) (C) and (c) (2) (B) (i)), has the
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following elements:
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a.
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state and other states, or between a state of the United States and a
foreign country.
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violation of the AECA, Title 22, United States Code, Section 2778(c),
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and the ITAR, Title 22, Code of Federal Regulations, Parts 120-130),
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Controls; and
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d.
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the statutory maximum sentence set forth below, the government must
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Computer Fraud and Abuse Act, Title 18, United States Code, Section
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1030(a) (2) (C), the offense was committed for purposes of commercial
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financial gain.
PENALTIES
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that the Court can impose for a violation of Title 18, United States
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9.
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of the term of
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10.
supervis~d
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or ammunition.
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11.
defendant to:
and defendant's attorney also may not be able to, advise defendant
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in this case.
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plea.
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FACTUAL BASIS
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and the USAO agree to the statement of facts provided below and agree
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a.
Defendant
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of Canada.
c.
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and valuable military data that required a license for export from
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the United States, and to export that information out of the United
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States.
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objects.
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("Boeing").
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countries.
d.
e.
Defendant then
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ll
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then used the access he had gained to those victims' computers and
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f.
Unindicted Co-Conspirator 1
The conspiracy
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Co-Co~spirator
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hacking.
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some cases noted that the information was controlled for export from
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h.
i.
that the data they accessed and stole included data that was
sought included technical data that was controlled for export because
it was included on the USML and was subject to the ITAR, Title 22,
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j .
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military technical data that was controlled for export from the
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transmit those files out of the United States to any country without
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the conspiracy.
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k.
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Attached to the e-mail was a file containing the names and positions
(2)
(3)
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important, which ones were not important, and what they were.
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(4)
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(5)
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II
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2," and
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files and folders related to the C-17, with some files and folders
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highlighted in yellow.
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(7)
2" and
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(8)
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(9)
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why that information was valuable, and sought support to complete its
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~ttached
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restrictions.
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Unindicted Co-conspirator
SENTENCING FACTORS
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under the Sentencing Guidelines, and the other sentencing factors set
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Sentencing Guidelines and the other 3553(a) factors, the Court will
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conviction.
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a.
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Pursuant
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offense level for the substantive offense that is the object of the
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apply.
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b.
violate the Computer Fraud and Abuse Act, Title 18, United States
Code, Section 1030 (a) (2) (C) and (c) (2) (B) (i), the following
Guidelines apply:
Base Offense
Level~
+2
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c.
2Bl.l(a) (2)]
[U.S. S .G.
[U.S.S.G.
violate the AECA, Title 22, United States Code, Section 2778(c), and
the ITAR, the following Guidelines apply:
Base Offense Level:
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[U.S.S.G.
2M5.2(a) (1)]
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conduct.
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violate the Computer Fraud and Abuse Act, Title 18, United States
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Code, Section 1030(a) (2) (C) and (c) (2) (B) (i), defendant and the USAO
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agree that either party may argue that any of the following
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apply:
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a.
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$2,000,000; and
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b.
alternative~
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3Bl. 2.
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the offense level applicable to the single group will be the offense
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level that would result from this agreement, should the government
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above and herein, defendant and the USAO agree not to seek, argue, or
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USAO would be free to seek the enhancement set forth in that section.
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19.
3Cl.1, the
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(a) (7).
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3553(a) (1),
(a) (2),
(a) (3),
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a.
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b.
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c.
and if
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d.
Defendant
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1
2
e.
against defendant.
f.
to
opposition
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Legal Assistance Treaty between the U.S. and Canada ("the Treaty"),
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legal authorities in Canada have seized on behalf of the USAO and the
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digital media and/or documents from defendant and his residence, and
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The USAO and the FBI agree to return to defendant the original
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devices, media, and documents in a manner that allows for the USAO
controlled information, understanding that the USAO and the FBI will
retain and use copies of the contents of the devices, media, and the
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pleading guilty.
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the following:
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set forth in General Orders 318, 01-05, and/or 05-02 of this Court;
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the conditions
u.s.c.
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conviction.
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27.
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months, the USAO gives up its right to appeal any portion of the
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sentence.
RESULT OF WITHDRAWAL OF GUILTY PLEA
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claim and finding that entry into this plea agreement was
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'obligations under this agreement; and (b) should the USAO choose to
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pursue any charge that was either dismissed or no"t filed as a result
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(ii) defendant waives and gives up all defenses based on the statute
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trial claim with respect to any such action, except to the extent
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agreement.
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BREACH OF AGREEMENT
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are
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If the USAO declares this agreement breached, and the Court finds
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defendant will not be able to withdraw the guilty plea, and (b) the
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~aterial,
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then:
a.
b.
speedy trial claim with respect to any such action, except to the
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defendant, under oath, at the guilty plea hearing (if such a hearing
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statement in this agreement; and (iii) any evidence derived from such
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against defendant, and defendant waives and gives up any claim under
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the United States Constitution, any statute, Rule 410 of the Federal
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inadmissible.
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Probation Off ice are not parties to this agreement and need not
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34.
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free to:
error, although each party agrees to maintain its view that the
case.
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Probation Office and the Court, even if that factual. information may
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this paragraph does not affect defendant's and the USAO's obligations
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35.
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different from those agreed to, and/or imposes any sentence up to the
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Defendant
NO ADDITIONAL AGREEMENTS
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entire agreement had been read into the record of the proceeding.
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EILEEN M. DECKER
United States Attorney
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Date
Attorney
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SU BIN
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Date
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CERTIFICATION OF DEFENDANT
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I have
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had enough time to review and consider this agreement, and I have
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those terms.
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18 U.S.C.
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No one has
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not f~or
any; other reason.
;---
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Date
SU BIN
Defendant
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CERTIFICATION OF INTERPRETER
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this date.
/Vof- ~W-=====-~~:::::::
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INTERPRETER SIGNATURE
Date
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CERTIFICATION OF DEFENDANT'S ATTORNEY
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I am Su Bin's attorney.
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Further, I
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asserted
eithe~
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forth in 18 U.S.C.
kind have been made to my client other than those contained in this
agreement is an informed and voluntary one; and the factual basis set
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&~d~ltT
ROBERT J. ANELLO
Attorney for Defendant Su Bin
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Date
Exhibit A
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Plaintiff,
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v.
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SA CR No. 14-131(C)
F I R S T
SUPERSEDING
I N F 0 RMATI 0N
----------[18 U.S.C.
371: Conspiracy; 18
u.s.c. 1030(a) (2) (C),
(c) (2) (B) (i): Unauthorized
Computer Access; 22 U.S.C.
2778 (b) (2), (c), 22 C.F.R.
121.1, 123.1, 127,l(a) (1) f
127.l(a)(3), 127.l(a)(4),
127.l(d), 127.l(e): Arms Export
Control Act]
SU BIN,
aka "Stephen Su, 11
aka "Stephen Subin, 11
aka "Steven Subin, 11
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Defendant.
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COUNT ONE
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[18 u.s.c.
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371)
INTRODUCTORY ALLEGATIONS
At all times relevant to this Information:
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("defendant SU
"Stephen Su,
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2.
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).
resided in China.
aka
was a citizen
),
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3.
resided in China.
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its customers were sold and shipped, and were intended to be sold and
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6.
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the C-17.
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7.
Developing and
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2
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The Arms Export Control Act, Title 22, United States Code,
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List ("USML").
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(22 U.S.C.
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12.
120.2.)
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(22 C.F.R.
121.1.)
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(22 U.S.C.
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3
13.
A.
Su,
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"Stephen
("defendant SU 11 )
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Title 18, United States Code, Section 1030(e) (2), where the offense
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b.
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technica~
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from the DDTC the required export license or authorization for such
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2778(b) and (c), and Title 22, Code of Federal Regulations, Sections
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127.l(e).
A.
ACCOMPLISHED
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substance as follows:
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intrusions.
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should steal.
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copy, download, transmit, possess, and send the information and files
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19.
B.
OVERT ACTS
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and other documents, and other overt acts, and include, but are not
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2."
2."
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2" and
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//
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//
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Act #11.
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EILEEN M. DECKER
United States Attorney
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PATRICIA A. DONAHUE
Assistant United States Attorney
Chief, National Security Division
CHRISTOPHER D. GRIGG
Assistant United States Attorney
Chief, Terrorism and Export
Crimes Section
ANTHONY J. LEWIS
Assistant United States Attorney
Depty Chief, Terrorism and Export
Crimes Section
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CERTIFICATE OF SERVICE
Los Angeles, California 90012; that I am over the age of 18; and
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By facsimile, as follows:
By email, as follows:
By Federal Express, as
follows:
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California.
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