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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

Case 1:08-cr-20612-PAS Document 133 Entered on FLSD Docket 12/17/2008 Page 1 of 5

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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


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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


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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


/S/

Melissa Damian



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Doc.133-1.pdf