Case 1:08-cr-20612-PAS

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Entered on FLSD Docket 12/17/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-20612-CR-SEITZ/OSULLIVAN

UNITED STATES OF AMERICA vs. HASSAN SAIED KESHARI, KESH AIR INTERNATIONAL, TRAIAN BUJDUVEANU, and ORION AVIATION CORP., Defendants. ______________________________/

NOTICE OF FILING EXPERT WITNESS DISCLOSURES Defendant Bujduveanu has requested (D.E.125) and the Court has ordered (D.E.131) that the United States disclose expert witnesses and the subject-matter of expert testimony that the government reasonably expects to offer at trial. At this time, the government reasonably expects to offer, at trial, the expert testimony of experts in the fields of aircraft parts, including expertise regarding the types of aircraft parts at issue in this case, as well as an expert in the field of the United States Munitions list and the qualification of the items at issue in this case for coverage under the list, and an expert regarding the Office of Foreign Assets Controls Embargo of the Republic of Iran and regarding the Iranian military and its use of the aircraft parts at issue in this case. To date, the United States has identified and interviewed expert witnesses from the Department of Treasury, Office of Foreign Assets Control (OFAC), and the Department of State, Directorate of Defense Trade Controls (DDTC). Those witnesses are identified below, and their CVs and other relevant documentation are attached. The Government is in the process of interviewing expert witnesses who are subject matter experts regarding military aircraft parts and the Iranian military. Once those witnesses have been identified, their information will be disclosed

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promptly. OFAC Witness: Andrew Sens, Senior Licensing Examining Analyst Andrew Sens will provide testimony concerning the implementation of licensing policy under the Iranian Transactions Regulations (ITR) and the processing of license applications submitted to OFAC. Mr. Sens will also provide testimony that: (1) the Defendants were required to submit license applications for all of the aircraft parts at issue in this case prior to their export to Iran; and (2) the Defendants did not file applications for such licenses. Mr. Sens will testify that the bases for his opinions are the ITR and his experience working as a licensing examining analyst with OFAC, as well as the attached license determination. Mr Sens will also provide testimony, based on his experience and training, that U.S. persons may not invest in commercial Iranian businesses without first applying for authorization from OFAC; that U.S. persons often attempt to avoid trade restrictions with Iran by passing goods and money through individuals and organizations in third countries; and that Dubai, UAE, is commonly used for the purpose of evading trade restrictions with Iran. Mr. Sens curriculum vitae is attached as Exhibit A. The results of the OFAC License History Check indicating that none of the Defendants has applied for a license from OFAC is attached as Exhibit B.

DDTC Witness: Mal Zerden, Mal Zerden will provide testimony concerning the licensing requirements of the Arms Export Control Act (AECA) and the International Trading in Arms Regulations (ITAR), generally, and, specifically, for the defense articles (aircraft parts) at issue in this case and the DDTC registration and licensing process. Mr. Zerden will also provide testimony concerning what the United States Munitions List (USML) is and why items are covered by the USML, that is, because -2-

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they are specifically designed, modified, or adapted for military application. Mr. Zerden will also provide testimony further explaining how licensing determinations are made, including conferring with manufacturers of each item designated on the list regarding the specific design and use of the items. Mr. Zerden will also testify that: (1) the aircraft parts at issue in this case, specifically, the Fitting Assemblies for the AH-1 (Cobra) Attack Helicopter (P/N 209-031-377-1), the Harness Assemblies for the F-14 Fighter Jet (P/N 080-037-001), the Diaphragm Seals for the CH-53A Military Helicopter (P/N 65103-11003-102), and the Accumulators (pneumatic reservoirs) for the F-14 Fighter Jet (P/N 877377 and 877406), are all listed as defense articles on the United States Munitions List (USML) and that they, therefore, require an export license or authorization from the DDTC prior to export from the United States; and (2) the Defendants did not apply for nor receive licenses nor applications from the DDTC prior to the export of these items. Mr. Zerden will also provide testimony explaining that neither the age nor the significance of the particular part matters for purposes of determining whether an item is on the USML and requires a license or authorization for export. Mr. Zerden will further provide testimony explaining that the designation of an item as surplus or non serviceable does not affect the determination regarding whether the item is on the USML and requires a license or authorization from the DDTC prior to export. As such, Mr. Zerden will provide testimony that the items at issue in this case which have received license determinations require a license or authorization from DDTC prior to export, regardless of whether the items were relatively old, insignificant, or marked as surplus or non serviceable. Finally, Mr. Zerden will provide testimony regarding the process for challenging the designation or inclusion of items on the USML. Mr. Zerden will explain that the process is exclusively within the jurisdiction of the Department of State, DDTC, and that the courts are not an -3-

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available venue for challenges to licensing determinations. Mr. Zerdens curriculum vitae is attached as Exhibit C. The results of the DDTC License Determinations and License History Checks indicating that the specified items are designated on the USML and that none of the Defendants has applied for a license or authorization from DDTC is attached as Exhibit D.

Once additional expert witnesses have been identified, information regarding those witnesses will be provided.

Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: /S/ Melissa Damian Assistant United States Attorney Florida Bar No. 0068063 99 Northeast 4th Street Miami, Florida 33132-2111 Tel: (305) 961-9018 Fax: (305) 536-4675

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CERTIFICATE OF SERVICE I hereby certify that on December 17, 2008, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to David O. Markus, counsel for Defendant Hassan Saied Keshari, Marc Seitles, counsel for Defendant Kesh Air International, and Michael Cohen, counsel for Traian Bujduveanu and Orion Aviation Corp.

Melissa Damian Assistant United States Attorney

/S/ Melissa Damian Assistant United States Attorney

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