Mar

19

Failed Negotiations with Iranian Company Lead to Guilty Plea


Posted by at 7:24 pm on March 19, 2008
Category: Criminal PenaltiesIran Sanctions

Dubai Court House
ABOVE: Allied Telesis iMAP

Allied Telesis Labs, the Raleigh-based subsidiary of Japanese conglomerate Allied Telesis Holdings K.K., yesterday pleaded guilty to charges that it conspired to violate the U.S. sanctions against Iran. The interesting wrinkle in this case is that the charges are based simply on unsuccessful negotiations that Allied Telesis Lab employees had with Iran’s Information Technology Company to rebuild telecommunications facilities in Tehran and other cities in Iran.

Allied Telesis Labs designs high-capacity “multiservice access platforms,” known as iMAPs, and similar products. Such iMAPs, which can route a large volume of telecommunications traffic, were a central component of the redesign and had been designed in Raleigh. In anticipation of concluding the contract, $2 million worth of iMAPs for the Iranian project had already been manufactured for Allied Telesis at facilities in Singapore.

Court documents, however, indicated that:

The contract negotiations [with Iran’s Information Technology Company] eventually collapsed, the telecommunications system was not installed and the iMAPs were sold elsewhere at a loss.

The only public comment from Allied Telesis on the guilty plea was that the employees involved in the contract negotiations had been fired.

Since the charges here were conspiracy to violate the Iran sanctions, the prosecution would not have needed to prove any exports or attempted exports to Iran. It would only need to prove sufficient overt acts in furtherance of the conspiracy. Certainly the negotiations with the Iranian company, the design of the iMAPs, and, most significantly, the actual manufacture of those iMAPs in anticipation of the award, would be sufficient overt acts in furtherance of the conspiracy.

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Copyright © 2008 Clif Burns. All Rights Reserved.
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2 Comments:


I’d like to see the indictment/information on this one. I don’t think mere negotiations, contingent upon getting a license for the actual transaction, would serve as a basis for a criminal violation. In the this case, a criminal charge may have been supported by the fact that the defendant allegedly was supplying technology intended for use in Iran, in addition to negotiating the deal in a manner intended to either evade controls or facilitate that third country manufacture.

Comment by Mike Deal on March 20th, 2008 @ 4:53 pm

This was a complete sham. The govt basically screwed Allied telesis and many innocent citizens where hurt because some digruntled general manager resigned because he was going to be fired and then tweisted the story.

Comment by Get Real on July 4th, 2009 @ 4:04 am