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Counter Proliferation Investigation Unit
04/21/2011

Colorado man charged with exporting defense articles without a license

DENVER - A man from Broomfield, Colo., was charged on Thursday by Information with one count of willfully exporting defense articles without a license. The charges were announced April 21 by the following agencies: U.S. Attorney's Office, District of Colorado; U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI); and the Defense Criminal Investigative Service (DCIS).

Young Su Kim, 43, appeared in U.S. District Court in Denver, where he was advised of the charge pending against him. He was also arraigned, entering a pro forma not-guilty plea. After the hearing, Kim was released on a personal recognizance bond.

According to the Information, on Sept. 20, 2007, Kim knowingly and willfully exported to the Republic of South Korea defense articles, that is, technical data related to a Lens No. 3 RTS and a Prism/Lens No. 3 Assembly. These items were designated as defense articles on the U.S. Munitions List, and he did not first obtain a license or written authorization for such exports from the U.S. Department of State.

The Information also includes a notice of criminal forfeiture, which states that upon conviction the defendant shall forfeit to the U.S. any property constituting proceeds obtained as a result of the crime. In this case, the government seeks a money judgment equal to $36,000.

If convicted, Kim faces not more than 10 years in federal prison, and up to a $1 million fine.

This case is being investigated by ICE HSI and DCIS.

Kim is being prosecuted by Assistant U.S. Attorney Matthew Kirsch, chief of the Economic Crimes Section of the U.S. Attorney's Office.

The defendant has been charged by Information, which means he has waived his Constitutional right to be indicted by a federal grand jury.

The charges in the Information are only allegations, and the defendant is presumed innocent unless and until proven guilty.