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Summary: 2 Chinese businessmen made a deal with an undercover US agent for a PROM device. They were lured to Hungary to complete the deal and before even entering the airport they were arrested by Hungarian police who turned them over to the US. After a short trial without their lawyers present or with the opportunity to consult the Chinese Embassy, they were sentenced and are now awaiting extradition to the US.
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Original Article Below
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October 24 journalists from the authority was informed by: 2 September, Budapest, Hungary, the city court decision on the provisional arrest of two Chinese nationals and the establishment of extradition conditional statement. Now it seems that Chinese citizens and Li Li constitutional grand two were extradited to the United States, it seems a foregone conclusion.
Beijing Normal University Institute of Criminal Law Professor Huang Feng told reporters that such incidents have occurred in recent years.
In 2007, China's Hunan Yuan Hongwei, an entrepreneur with a U.S. company has intellectual property disputes, was lured to the other party to negotiate on behalf of the British arrested. Yuan Hongwei Yin Lundun later a court on an arrest warrant in the Pinyin spelling of the name to be lucky enough to return home.
3 years later, U.S. citizens trapped in China happen again. This time, involved two Chinese people do not so lucky.
Airport was arrested in Hungary
The end of 2008, Chinese citizens from the Internet to see the magnificent Constitution British Aerospace BAE selling a PROM chip, the chip performance art, is an alternative storage device.
Is engaged in the computer industry magnificent constitution, and on the chip are interested in are not rare. So he passed the message to its U.S. subsidiary, Timothy Scott, sales manager contact, asking the possibility of buying the chip.
Timothy initiative and strongly recommend the U.S. Habor Trade International (HTI) companies, and stressed the company is BAE HTI magnificent area in the constitution (China), the only dealer, very happy to meet the procurement needs of the region.
April 2009, the Constitution began with the great man Malcolm Lee HTI company overseas by e-mail and telephone contact. In the contacts, Malcolm Lee repeatedly made it clear that: he and his company's international sales of these products are very capable, that if the relevant products related to U.S. export license, he can find a suitable way to meet the parties procurement requirements.
Magnificent Constitution was clearly the normal import declaration by logistics companies in Beijing, delivery. However, this proposal was Malcolm Lee strongly denied. When asked why, he did not directly explain.
October 2009, the Constitution grand and Malcolm Lee about the Internet into 40 PROM chips intent to purchase, then pay by wire transfer of the first advance nearly 2 million.
March 2010, according to Malcolm Lee's proposal, constitutional grand ceremony, Lee and his companions met with in Jakarta, Indonesia. During the meetings, Malcolm Lee told them they could consider setting up branch offices in New Zealand export products.
May 2010, Malcolm Lee offered delivery in Hungary, said Hungary is the base for its Asian trading. He also asked to meet personally with the constitutional grand, very adamant that he saw himself, have not seen any third party, if not constitutional grand Hungary, he cut off cooperation. Meanwhile, Malcolm, threatening to first advance, urged the grand threat to the constitution the second tranche of export advances.
Advances for fear of being embezzled, the Constitution then pays the second great advance, and agreed to the request of Malcolm Lee.
September 1, 2010 around 6:30 am, the Constitution and Li Li arrived in the magnificent Hungarian capital of Budapest. So that they never expected that, at the airport, they are not into the customs, he was arrested by Hungarian police.
Trading is an American undercover agent
The day that two people were arrested on September 2, Budapest, Hungary, the city will quickly trial court's provisional arrest and extradition of the U.S. request.
Fails to notify the Chinese embassy in court, flatly refused to contact the client and the requirements of the Chinese Embassy case, two Chinese people do not have time to hire a lawyer and forced to accept court-appointed counsel cases, the trial began.
Reporter by the trial record to see, first of all, the judge explained the international arrest warrant. Warrant said, PROM chip is a U.S. manufacturer of programmable read-only anti-radiation memory chips, can be used for military and high-radiation environment of aerospace systems, such as outer space. The products listed in the list of U.S. defense articles and list of restricted weapons abroad and ITAR (International Traffic in Arms Regulations) in the.
The grand ceremony of the Constitution and Lee has been to realize that they are dealing with Malcolm Lee is an American undercover agent.
As early as in June 9, 2010, the United States Constitution for the grand and the court has issued arrest warrants Li Li. August 25, 2010, Criminal Investigation Bureau U.S. Department of Justice Office of International Affairs secretly proposed to the Hungarian Government for the purpose of extradition of the two Chinese citizens on request for provisional arrest on the grounds that: they deliberately circumvent U.S. export control laws in an attempt to without obtaining any export license under the premise of buying a controlled micro-processing chip, in violation of the United States, "Arms Export Control Act" and the "International Traffic in Arms Regulations."
The constitutional grand ceremony started and Lee did not know that limit the export of products included in the list of weapons, although the undercover agent was told that they need an export license, but has been guaranteed to help them solve this problem. Constitution so grand and Li Li in the trap.
One-hour trial
During the trial, the judge also told the extradition of the two defendants, there are two types.
One is the defendant agreed to extradition. In this case, the process will be simplified, shortened the time the defendant's detention. Is the maximum time in custody for 6 months, but can be extended to two years depending on the circumstances. According to the agreement between Hungary and the United States, if the extradition of the relevant documents not provided within 60 days, the accused can be released, but this does not mean that the 60-day expiration of the defendant must be released. Once they agreed to be extradited, they will not be able to recover the opinion, and they will be based on evidence provided by the United States were detained.
The other is not agreed to be extradited. But they may also be in Hungary under the premise of the court to allow the evidence according to the U.S. detention.
In the absence of any legal assistance cases, the constitutional grand agreed extradition. Li Li began to demand the extradition to China, but the judge told him that the court could only be extradited to the United States, Chinese law does not work. Li Li also requested to contact the Chinese Embassy said the embassy did not understand the views of the former can not make a decision, the judge said the ruling can contact the Chinese Embassy, and inform the defendant did not violate the laws of Hungary, should bear the legal responsibility from the United States. Li Li is no longer insist, agreed to extradition.
The court-appointed defense counsel, did not find any to meet the conditions to prevent the extradition, according to the description of the two defendants, summary extradition procedures recommended. The court-appointed translator did not explain any of the contents of court proceedings and court documents, the Constitution only to promote the grand, Li Li signed his totally do not understand Hungarian documents.
In this way, September 2, the court shall sentence the defendant on two provisional arrest and extradition conditional on the establishment of a statement.
September 6, the accused commissioned the new defense lawyers and to appeal the court that appointed counsel before the court have given up correcting taste of possible legal means, therefore, according to Hungarian law, in this case has a new lawyer conditions do not have the appeal dismissed the appeal.
Reporter noted, including the translation of the time, the trial only lasted for one hour.
It is reported that many such incidents have occurred since. Domestic traders had also seen a product on the Internet, with the production company contacted the United States, the other telling him to participate in trade fairs to buy, provide reception in each other the whole, the Chinese businessmen to buy the product the way to the airport to be told that no permit card, the product can not be taken away. Later, the reception staff were all business people know is the FBI, this Chinese businessman's case to play more than two years, and finally through plea bargaining, under the premise of the guilty plea was able to return home. (Legal Daily reporter Xin red "corporate" magazine reporter Lu Bin)
Summary: 2 Chinese businessmen made a deal with an undercover US agent for a PROM device. They were lured to Hungary to complete the deal and before even entering the airport they were arrested by Hungarian police who turned them over to the US. After a short trial without their lawyers present or with the opportunity to consult the Chinese Embassy, they were sentenced and are now awaiting extradition to the US.
----------------------------------------------------------------------------
Original Article Below
----------------------------------------------------------------------------
October 24 journalists from the authority was informed by: 2 September, Budapest, Hungary, the city court decision on the provisional arrest of two Chinese nationals and the establishment of extradition conditional statement. Now it seems that Chinese citizens and Li Li constitutional grand two were extradited to the United States, it seems a foregone conclusion.
Beijing Normal University Institute of Criminal Law Professor Huang Feng told reporters that such incidents have occurred in recent years.
In 2007, China's Hunan Yuan Hongwei, an entrepreneur with a U.S. company has intellectual property disputes, was lured to the other party to negotiate on behalf of the British arrested. Yuan Hongwei Yin Lundun later a court on an arrest warrant in the Pinyin spelling of the name to be lucky enough to return home.
3 years later, U.S. citizens trapped in China happen again. This time, involved two Chinese people do not so lucky.
Airport was arrested in Hungary
The end of 2008, Chinese citizens from the Internet to see the magnificent Constitution British Aerospace BAE selling a PROM chip, the chip performance art, is an alternative storage device.
Is engaged in the computer industry magnificent constitution, and on the chip are interested in are not rare. So he passed the message to its U.S. subsidiary, Timothy Scott, sales manager contact, asking the possibility of buying the chip.
Timothy initiative and strongly recommend the U.S. Habor Trade International (HTI) companies, and stressed the company is BAE HTI magnificent area in the constitution (China), the only dealer, very happy to meet the procurement needs of the region.
April 2009, the Constitution began with the great man Malcolm Lee HTI company overseas by e-mail and telephone contact. In the contacts, Malcolm Lee repeatedly made it clear that: he and his company's international sales of these products are very capable, that if the relevant products related to U.S. export license, he can find a suitable way to meet the parties procurement requirements.
Magnificent Constitution was clearly the normal import declaration by logistics companies in Beijing, delivery. However, this proposal was Malcolm Lee strongly denied. When asked why, he did not directly explain.
October 2009, the Constitution grand and Malcolm Lee about the Internet into 40 PROM chips intent to purchase, then pay by wire transfer of the first advance nearly 2 million.
March 2010, according to Malcolm Lee's proposal, constitutional grand ceremony, Lee and his companions met with in Jakarta, Indonesia. During the meetings, Malcolm Lee told them they could consider setting up branch offices in New Zealand export products.
May 2010, Malcolm Lee offered delivery in Hungary, said Hungary is the base for its Asian trading. He also asked to meet personally with the constitutional grand, very adamant that he saw himself, have not seen any third party, if not constitutional grand Hungary, he cut off cooperation. Meanwhile, Malcolm, threatening to first advance, urged the grand threat to the constitution the second tranche of export advances.
Advances for fear of being embezzled, the Constitution then pays the second great advance, and agreed to the request of Malcolm Lee.
September 1, 2010 around 6:30 am, the Constitution and Li Li arrived in the magnificent Hungarian capital of Budapest. So that they never expected that, at the airport, they are not into the customs, he was arrested by Hungarian police.
Trading is an American undercover agent
The day that two people were arrested on September 2, Budapest, Hungary, the city will quickly trial court's provisional arrest and extradition of the U.S. request.
Fails to notify the Chinese embassy in court, flatly refused to contact the client and the requirements of the Chinese Embassy case, two Chinese people do not have time to hire a lawyer and forced to accept court-appointed counsel cases, the trial began.
Reporter by the trial record to see, first of all, the judge explained the international arrest warrant. Warrant said, PROM chip is a U.S. manufacturer of programmable read-only anti-radiation memory chips, can be used for military and high-radiation environment of aerospace systems, such as outer space. The products listed in the list of U.S. defense articles and list of restricted weapons abroad and ITAR (International Traffic in Arms Regulations) in the.
The grand ceremony of the Constitution and Lee has been to realize that they are dealing with Malcolm Lee is an American undercover agent.
As early as in June 9, 2010, the United States Constitution for the grand and the court has issued arrest warrants Li Li. August 25, 2010, Criminal Investigation Bureau U.S. Department of Justice Office of International Affairs secretly proposed to the Hungarian Government for the purpose of extradition of the two Chinese citizens on request for provisional arrest on the grounds that: they deliberately circumvent U.S. export control laws in an attempt to without obtaining any export license under the premise of buying a controlled micro-processing chip, in violation of the United States, "Arms Export Control Act" and the "International Traffic in Arms Regulations."
The constitutional grand ceremony started and Lee did not know that limit the export of products included in the list of weapons, although the undercover agent was told that they need an export license, but has been guaranteed to help them solve this problem. Constitution so grand and Li Li in the trap.
One-hour trial
During the trial, the judge also told the extradition of the two defendants, there are two types.
One is the defendant agreed to extradition. In this case, the process will be simplified, shortened the time the defendant's detention. Is the maximum time in custody for 6 months, but can be extended to two years depending on the circumstances. According to the agreement between Hungary and the United States, if the extradition of the relevant documents not provided within 60 days, the accused can be released, but this does not mean that the 60-day expiration of the defendant must be released. Once they agreed to be extradited, they will not be able to recover the opinion, and they will be based on evidence provided by the United States were detained.
The other is not agreed to be extradited. But they may also be in Hungary under the premise of the court to allow the evidence according to the U.S. detention.
In the absence of any legal assistance cases, the constitutional grand agreed extradition. Li Li began to demand the extradition to China, but the judge told him that the court could only be extradited to the United States, Chinese law does not work. Li Li also requested to contact the Chinese Embassy said the embassy did not understand the views of the former can not make a decision, the judge said the ruling can contact the Chinese Embassy, and inform the defendant did not violate the laws of Hungary, should bear the legal responsibility from the United States. Li Li is no longer insist, agreed to extradition.
The court-appointed defense counsel, did not find any to meet the conditions to prevent the extradition, according to the description of the two defendants, summary extradition procedures recommended. The court-appointed translator did not explain any of the contents of court proceedings and court documents, the Constitution only to promote the grand, Li Li signed his totally do not understand Hungarian documents.
In this way, September 2, the court shall sentence the defendant on two provisional arrest and extradition conditional on the establishment of a statement.
September 6, the accused commissioned the new defense lawyers and to appeal the court that appointed counsel before the court have given up correcting taste of possible legal means, therefore, according to Hungarian law, in this case has a new lawyer conditions do not have the appeal dismissed the appeal.
Reporter noted, including the translation of the time, the trial only lasted for one hour.
It is reported that many such incidents have occurred since. Domestic traders had also seen a product on the Internet, with the production company contacted the United States, the other telling him to participate in trade fairs to buy, provide reception in each other the whole, the Chinese businessmen to buy the product the way to the airport to be told that no permit card, the product can not be taken away. Later, the reception staff were all business people know is the FBI, this Chinese businessman's case to play more than two years, and finally through plea bargaining, under the premise of the guilty plea was able to return home. (Legal Daily reporter Xin red "corporate" magazine reporter Lu Bin)
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