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Case 1:08-cr-20612-PAS

Document 139

Entered on FLSD Docket 01/16/2009

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

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

SUPPLEMENT TO UNITED STATES’ NOTICE OF FILING EXPERT WITNESS DISCLOSURES The United States, by and through the undersigned Assistant United States Attorney, files this Supplement to the United States’ Notice of Filing Expert Witness Disclosures, and states as follows. Pursuant to Defendant Bujduveanu’s request for the disclosure of expert witness information (D.E.125), this Court 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. On December 17, 2008, the United States filed a Notice of Filing Expert Witness Disclosures (D.E. 133), in which the United States disclosed that, at that time, the government reasonably expected 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 Control’s Embargo of the Republic of


Case 1:08-cr-20612-PAS

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Iran and regarding the Iranian military and its use of the aircraft parts at issue in this case. At that time, the United States had 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 were identified and their CVs and other relevant documentation were attached. At that time, the United States indicated that it was in the process of interviewing expert witnesses who are subject matter experts regarding military aircraft parts and the Iranian military. The United States has now had the opportunity to identify and interview additional expert witnesses which the United States intends to call at trial. As summarized below, these witnesses include (1) Edward P. Auger, of the Defense Technology Security Administration (“DTSA”), Technology Directorate; (2) Robert DeSilva, also of DTSA; and (3) Dale C. Kelly, of the United States Census Bureau, Foreign Trade Division. Those witness are identified below along with a summary of their proposed testimonies, and their CVs and other relevant documentation are attached. The United States continues to work to identify experts in fields relevant to issues that may arise during the trial of this case. Therefore, the United States respectfully reserves the right to identify additional expert witnesses should the need arise based on issues raised by the Defendant in this case. With respect to the witnesses identified herein, as well as those identified in the United States’ December 17, 2008, Notice of Filing Expert Witness Disclosures, the United States does not believe that all of these witnesses must be qualified as “expert witnesses” pursuant to Federal Rule

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Case 1:08-cr-20612-PAS

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of Evidence 702, but the United States provides these disclosures as to all of them in an abundance of caution. DTSA Witness: Edward P. Auger, Senior Aerospace Engineer Edward Auger is a Senior Aerospace Engineer with the DTSA Technology Directorate, Aeronautical Division, and a Lead Engineer in the fields of Gas Turbine Engine and Rotary Wing Technology. Mr. Auger may provide testimony concerning the implementation of licensing policies under the Arms Export Control Act, including the process for the review of license applications for the export of United States Munitions List (“USML”) items and the determination of whether certain aviation parts fall on the USML. It is expected that Mr. Auger may also provide testimony: (1) that specific aircraft parts identified in the case against the Defendant correspond to particular aircraft and their uses and/or applications in those aircraft; (2) regarding the significance of various acronyms and numbers used in the aviation parts business; (3) regarding the military applications and uses of the aircraft implicated in the charges against the Defendant; and (4) regarding technical issues concerning the various aircraft parts related, for example, to age, exposure, and re-use. Mr. Auger is expected to testify that the bases for his opinions include the ITAR and USML, information provided directly from the manufacturer, DDTC licensing determinations regarding the parts at issue in this case, and information obtained through accessing the Federal Logistics Information System, as well as his experience working as an engineer with DTSA. Mr. Auger’s curriculum vitae is attached as Exhibit A.

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Case 1:08-cr-20612-PAS

Document 139

Entered on FLSD Docket 01/16/2009

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DTSA Witness: Robert L. DeSilva, Senior Aerospace Engineer Robert DeSilva is a Senior Aerospace Engineer with the DTSA Technology Directorate, Aeronautical Division, and a Lead Engineer in the field of Fixed Wing Aircraft Technology. Like Mr. Auger, Mr. DeSilva may also provide testimony concerning the implementation of licensing policies under the Arms Export Control Act, including the process for the review of license applications for the export of United States Munitions List (“USML”) items and the determination of whether certain aviation parts fall on the USML. It is expected that Mr. DeSilva may also provide testimony: (1) that specific aircraft parts identified in the case against the Defendant correspond to particular aircraft and their uses and/or applications in those aircraft; (2) regarding the significance of various acronyms and numbers used in the aviation parts business; (3) regarding the military applications and uses of the aircraft implicated in the charges against the Defendant; and (4) regarding technical issues concerning the various aircraft parts related, for example, to age, exposure, and re-use. Mr. DeSilva is expected to testify that the bases for his opinions include the ITAR and USML, information provided directly from the manufacturer, DDTC licensing determinations regarding the parts at issue in this case, and information obtained through accessing the Federal Logistics Information System, as well as his experience working as an engineer with DTSA. Mr. DeSilva’s curriculum vitae is attached as Exhibit B.

Census Bureau Witness: Dale C. Kelly, Asst. Division Chief, Foreign Trade Division Dale C. Kelly is an Assistant Division Chief, Data Collections, Foreign Trade Division with the U.S Census Bureau. Ms. Kelly may provide general testimony concerning the implementation

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and enforcement of reporting requirements of export information to the U.S. Census Bureau, as well as policies regulating the export of goods from the United States. It is expected that Ms. Kelly may also provide testimony: (1) regarding export regulations requiring the filing of Shippers Export Declarations (“SED”s) for particular exports and the information required with the filing of SEDs; (2) regarding the collection, compilation, and review of data regarding exports from the United States, including use of the Automated Export System (“AES”); and (3) that specific exports charged in the case against the Defendant required the filing of SEDs. Ms. Kelly is expected to testify that the bases for her opinions include the electronic databases used as part of her position with the U.S. Census Bureau, as well as her experience working in the Foreign Trade Division of the Census Bureau. Ms. Kelly’s curriculum vitae is attached as Exhibit C.

Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: S/ Melissa Damian 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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Case 1:08-cr-20612-PAS

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Entered on FLSD Docket 01/16/2009

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CERTIFICATE OF SERVICE I hereby certify that on January 16, 2009, 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 Melissa Damian Assistant United States Attorney

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