Theft of Government Property—Nuclear Submarine Information

Two Chinese nationals are being held without bail on charges of stealing documents containing information on US Submarine technology and trying to smuggle them to China.^[1] Tai Wang Mak and his wife, Fuk Heung Li, were arrested on October 28, “after counterintelligence officers concluded that the couple planned to hand-carry to China” a CD encrypted with information on an “electric-drive propulsion system” for US submarines.^[2]

According to prosecutors, the disk, which allegedly was full of encrypted information, was found in Mrs. Li’s luggage, “along with women’s clothing and one man’s outfit.”^[3] Prosecutors also allege that they have recorded conversations in which the couple discussed how to transport the information.

Two other individuals, Chi Mak and his wife Rebecca Laiwah Chiu, have also been arrested, but it seems Chi Mak is cooperating with officials; Assistant US Attorney Deidre Z. Eliot said that he told the Naval Criminal Investigative Service that Tai Mak, Chi’s brother, is a member of the Chinese military.^[4] Chi is the lead engineer on the propulsion system, known as “Quiet Electric Drive.”^[5]

The four, however, have not been charged with espionage, and the word “classified” is not used to describe the information, but the FBI alleges that the defendants are “foreign intelligence agents who were collecting and copying a variety of important Navy technologies.”^[6] Furthermore, agents searched through Chi Mak’s garbage and allegedly found “a number of documents torn into pieces, including a list of military technologies being sought by China such as a space-based electromagnetic intercept system, aircraft carrier electronic systems, defense against nuclear attack technology, and data on the next-generation destroyer known as the DDX.”^[7]

The four have been indicted on charges of stealing government property, transportation of stolen goods, and conspiracy.^[8]

Stealing Government Property
Under 18 U.S.C. § 641, it is a crime for a person to steal any thing of value from the United States or any department or agency of the United States. Violating section 641 can be punished by a fine, imprisonment for up to 10 years, or both.

Transportation of Stolen Goods
Under 18 U.S.C. § 2314, it is a crime for a person to transport any goods in interstate or foreign commerce, knowing that the goods have been stolen. The punishment for violating this section is a fine, imprisonment for up to 10 years, or both.

Conspiracy
Under 18 U.S.C. § 371, any person who, with at least one other person, conspires to commit an offense against the United States, or to defraud the United States, and who commits an overt act in furtherance of the conspiracy, can be fined, imprisoned for up to 5 years, or both.

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[1] Greg Krikorian, Couple Denied Bail in Spy Investigation, L.A. Times, Nov. 8, 2005, available here.
[2] Id.
[3] Gillian Flaccus, Two Held in Navy Technology Scheme, Associated Press, Nov. 8, 2005, available here.
[4] Krikorian, supra note 1.
[5] Four are Charged With Stealing Military Secrets, Wash. Post, Nov. 5, 2005, available here.
[6] Krikorian, supra note 1.
[7] Id.
[8] U.S. Charges 4 China Spy Suspects, CNN.com, Nov. 5, 2005, available here.