Doc.139-1.pdf

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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA

CASE NO. 08-20612-CR-SEITZ/O’SULLIVAN

UNITED STATES OF AMERICA

vs.

HASSAN SAIED KESHARI,KESH AIR INTERNATIONAL,TRAIAN BUJDUVEANU,andORION 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 Document 139 Entered on FLSD Docket 01/16/2009 Page 1 of 6

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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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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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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 ACOSTAUNITED STATES ATTORNEY

By: S/ Melissa DamianMelissa DamianAssistant United States AttorneyFlorida Bar No. 006806399 Northeast 4th StreetMiami, Florida 33132-2111Tel: (305) 961-9018

Fax: (305) 536-4675


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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 DamianAssistant United States Attorney

S/ Melissa DamianMelissa DamianAssistant United States Attorney


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