Darrin Hanna, an assistant engineering professor at Oakland University and founder, president and owner of Technology Integration Group Services, Inc. (not to be confused with Technology Integration Group), was acquitted of all charges related to shipments of global mobile communications systems and global positioning systems to Iraq in violation of an embargo that was in place at the time.Darrin Hanna's sister, Dawn Hanna (pictured above left), was in charge of international sales and marketing of her brother's company, and was purported to handle most of the international dealings while her brother was busy with his university job. Dawn Hanna was convicted of conspiracy, five illegal export counts, money laundering, and making false statements to investigators. She was acquitted on a single export violation count by the twelve-member jury. For conspiring to launder money, Dawn Hanna faces a maximum penalty of twenty years in prison and a $500,000 fine. She is to be sentenced on January 22, 2009.
The siblings were indicted on ten counts on July 25, 2007. The Iraq contract was estimated to be worth about $9.5 million, and involved a complicated network of companies and middlemen in Syria, Jordan, the United Kingdom, Germany, and the United States. It is estimated TIGS reaped over $1 million in profit from its part in brokering the sales.
One of the more interesting pieces of the trial, as described by Paul Egun of the Detroit News, occurred during jury deliberations, which spanned more than twenty-seven hours and five days. On the afternoon of the fourth day of deliberations, jurors sent U.S. District Judge Marianne O. Battani a note asking: "If Darrin knew it was illegal on July 17, 2007, would he still be in violation of the laws in question?"
Lawyers and Battani said they were puzzled by the question because the date had little relevance to any of the evidence presented at trial. After discussions with the lawyers, Battani sent back a note referring jurors to one of the jury instructions previously provided.
The jurors wrote back: "So should we ignore the dates in the indictment?"
Battani discussed the second note with the lawyers before returning a note stating that in order to convict either defendant, the government must prove beyond a reasonable doubt that each element of the offense occurred within the time frame set out in the indictment.
Apparently, the jury believed Darrin Hanna lacked the required mental state to be convicted.
Dawn Hanna's testimony that she believed she had acted legally and that at least some of the items were destined for Turkey appears to have been less persuasive to the jurors. Prosecutors had evidence of emails from Dawn Hanna talking about the goods going to Iraq.
IN OTHER NEWS: Despite National Association of Manufacturers (NAM) support for proposed license exception ICT, Clif Burns has this one right.
2 comments:
Can you take your blog down, you don't have all the facts and it's inappropriate and disrespectful.
The Honorable Eric Holder
Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Dear Attorney General Holder,
I am soliciting your assistance in an urgent matter as I believe an innocent person will be reporting to prison on September 8, 2009, unless there is an injunction until all of the facts can be presented to an appellate authority.
I have over 30 years of service to the US Army in various capacities – the majority of which as an Army Counterintelligence Agent. During a tour in Iraq, I was supported by a U.S. interpreter, Tobia Hanna, who flew to see me this past Sunday evening and related an unfortunate story concerning his daughter, Dawn Hanna, who was convicted on export violations in the US District Court, Eastern District of Michigan. Ms. Hanna was convicted only after the following key facts, known to the government, were suppressed from the defense and the jury:
a. Ms. Hanna’s affiliation with the case in question began when she was contacted unwittingly by a CIA asset to purchase telecommunications equipment. The CIA asset and others involved in the transaction always told Ms. Hanna that the equipment was to go to Turkey. Only the CIA asset, the CIA, and later Immigrations and Customs knew that the equipment was actually to be shipped to Iraq as part of a larger CIA operation.
b. According to a suppressed declaration by the CIA asset, the CIA asset told Immigration and Customs this information on multiple occasions (see Encl).
While I do not have access to all of the case information, the following appear to be true:
a. The US Government may have entrapped Ms. Hanna with the telecommunications equipment purchase in that the CIA asset soliciting the equipment withheld from Ms. Hanna the ultimate destination and purpose of the equipment. Had the equipment been destined for Turkey, as told Ms. Hanna, there was nothing illegal about the transaction.
b. The US Government suppressed critical information being introduced during the trial in an August 2008 filing stating that the CIA asset’s testimony was “hearsay.” The filing precludes the defense from asking the Immigration and Customs Enforcement Agent, about the CIA asset’s testimony that Ms. Hanna was told the equipment was to be shipped to Turkey. This testimony would have produced critical evidence that Ms. Hanna was not involved in any illegal activity.
c. The US Government alleges that Ms. Hanna was part of a larger conspiracy to violate export guidelines and ship restricted equipment to Iraq – yet, there have been no charges against any other alleged “conspirators.”
d. The UK conducted and closed an investigation without pressing charges (the CIA asset is a UK citizen). Also attached is a UK witness statement from the company that was to provide the telecommunications equipment stating that Ms. Hanna told him (as did the CIA asset) that the equipment was for a “new network in Turkey.” The supplier further was informed by the CIA asset “that the project was being sponsored by the US Government . . . but that he wanted it to remain confidential.”
e. The Classified Information Procedures Act (CIPA) may have been exploited to preclude the defense from critical case information that would have substantiated Ms. Hanna’s testimony that she believed the transaction was legal and for shipment to Turkey.
Sir, in view of the aforementioned information, request an immediate injunction to preclude Ms. Hanna’s incarceration and an expedited appeal of her case. Her defense attorneys submitted a letter to Mr. Bruce Swartz, Deputy Assistant Attorney General on June 5, 2009 (Encl). An appeal is pending but may take up to a year. Further, the defense is handicapped by critical information being withheld.
Your assistance in this matter would be greatly appreciated.
Sincerely,
-Original Signed-
Frederick D. Bryant
Post a Comment