Chi Mak
Encyclopedia
Chi Mak is a naturalized American citizen who worked as an engineer
for California-based defense contractor
Power Paragon, a part of L-3 Communications
. In 2007, Mak was found guilty of conspiring
to export sensitive defense technology to China
.
Mak's defense was that he thought there was nothing improper about allowing the paper to leave the U.S. He had presented it at a 2004 international engineering conference. He had been briefed every year on regulations regarding documents designated "For Official Use Only" (FOUO) and items restricted by export controls. His defense argued that making the data accessible to scrutiny by the general public negated its military value and made it acceptable to transport outside the United States
. The defense also argued that the data was in the public domain
.
The prosecution indicated that the data was nevertheless export-controlled
and that it should not have been shared with foreign nationals without authorization. The IEEE
presentations cited by prosecution in the trial are currently available on a worldwide basis.
A few of the technologies that Chi Mak helped transfer to the People's Republic of China
include the Quiet Electric Drive
propulsion systems for the next generation of U.S. nuclear submarines, details on the Aegis Radar System, and information on next-generation stealth ships being designed for the U.S. Navy. In addition, by acting as a conduit for Dongfan Chung, Chi Mak helped China steal secrets of the Space Shuttle
and many critical military aircraft.
The trial of Dongfan Chung for Economic Espionage started in June, 2009, presided over by the same judge who handled the Chi Mak case.
Mak's brother and sister-in-law were apprehended by the FBI after boarding a flight to Hong Kong
carrying three encrypted CDs which contained defense-related documents. They, along with their son as well as Mak's wife, all pled guilty to related charges.
On March 24, 2008 he was sentenced to 24½ years in federal prison.
For a detailed analysis of the case, see Edward M. Roche, Snake Fish: The Chi Mak Spy Ring, (New York: Barraclough Ltd., 2008).
Engineer
An engineer is a professional practitioner of engineering, concerned with applying scientific knowledge, mathematics and ingenuity to develop solutions for technical problems. Engineers design materials, structures, machines and systems while considering the limitations imposed by practicality,...
for California-based defense contractor
Defense contractor
A defense contractor is a business organization or individual that provides products or services to a military department of a government. Products typically include military aircraft, ships, vehicles, weaponry, and electronic systems...
Power Paragon, a part of L-3 Communications
L-3 Communications
L-3 Communications Holdings, Inc. is a company that supplies command and control, communications, intelligence, surveillance and reconnaissance systems and products, avionics, ocean products, training devices and services, instrumentation, space, and navigation products. Its customers include...
. In 2007, Mak was found guilty of conspiring
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
to export sensitive defense technology to China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
.
Mak's defense was that he thought there was nothing improper about allowing the paper to leave the U.S. He had presented it at a 2004 international engineering conference. He had been briefed every year on regulations regarding documents designated "For Official Use Only" (FOUO) and items restricted by export controls. His defense argued that making the data accessible to scrutiny by the general public negated its military value and made it acceptable to transport outside the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. The defense also argued that the data was in the public domain
Public domain
Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all...
.
The prosecution indicated that the data was nevertheless export-controlled
Arms Export Control Act
The Arms Export Control Act of 1976 gives the President of the United States the authority to control the import and export of defense articles and defense services. It requires governments that receive weapons from the United States to use them for legitimate self-defense...
and that it should not have been shared with foreign nationals without authorization. The IEEE
Institute of Electrical and Electronics Engineers
The Institute of Electrical and Electronics Engineers is a non-profit professional association headquartered in New York City that is dedicated to advancing technological innovation and excellence...
presentations cited by prosecution in the trial are currently available on a worldwide basis.
A few of the technologies that Chi Mak helped transfer to the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
include the Quiet Electric Drive
Quiet Electric Drive
Quiet Electric Drive - sometimes called by the misnomer Quiet Electronic Drive - is an ONR-sponsored program to develop technologies for silent maritime propulsion for the United States Navy....
propulsion systems for the next generation of U.S. nuclear submarines, details on the Aegis Radar System, and information on next-generation stealth ships being designed for the U.S. Navy. In addition, by acting as a conduit for Dongfan Chung, Chi Mak helped China steal secrets of the Space Shuttle
Space Shuttle
The Space Shuttle was a manned orbital rocket and spacecraft system operated by NASA on 135 missions from 1981 to 2011. The system combined rocket launch, orbital spacecraft, and re-entry spaceplane with modular add-ons...
and many critical military aircraft.
The trial of Dongfan Chung for Economic Espionage started in June, 2009, presided over by the same judge who handled the Chi Mak case.
Mak's brother and sister-in-law were apprehended by the FBI after boarding a flight to Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
carrying three encrypted CDs which contained defense-related documents. They, along with their son as well as Mak's wife, all pled guilty to related charges.
On March 24, 2008 he was sentenced to 24½ years in federal prison.
For a detailed analysis of the case, see Edward M. Roche, Snake Fish: The Chi Mak Spy Ring, (New York: Barraclough Ltd., 2008).
See also
- Chinese Intelligence Operations in the United StatesChinese intelligence operations in the United StatesThe People's Republic of China has and is currently using a widespread effort to acquire U.S. military technology and classified information. To fulfill its long-term military development goals, the PRC uses a variety of methods to obtain U.S. technology; including espionage, the exploitation of...
- Economic Espionage Act of 1996Economic Espionage Act of 1996The Economic Espionage Act of 1996 was a 6 title Act of Congress dealing with a wide range of issues, including not only industrial espionage , but the insanity defense, the Boys & Girls Clubs of America, requirements for presentence investigation reports, and the United...