Chinese-born engineer awaits trial

Seattle Post Intelligencer ^ | 3/22/2007 | GILLIAN FLACCUS

[Paul Ross]

Chinese-born engineer awaits trial

By GILLIAN FLACCUS, ASSOCIATED PRESS WRITER,

Seatle-Post Intelligencer, March 22, 2007

Stolen secrets would put U.S. in 'arms race'

SANTA ANA, Calif. -- As a top engineer at a major U.S. defense contractor, Chi Mak helped develop some of the most advanced and closely guarded naval technology in the world, including silent-running propulsion systems that can make submarines virtually undetectable.

Now, in a case that experts say could have serious implications for U.S. security, he is accused of stealing those secrets for the Chinese.

Prosecutors say the Chinese-born Mak was working for China from 1983 until his arrest two years ago, stealing hundreds of documents about a number of defense systems, including the weapons, nuclear reactors and propulsion systems aboard U.S. submarines.

The 66-year-old Mak is set to go on trial Tuesday on charges of conspiracy to export U.S. defense secrets to China, possession of property in aid of a foreign government and failure to register as a foreign agent. He could get more than 50 years in prison if convicted.

If the allegations are true, China may have gained critical information as it tries to develop an open-water fleet to challenge U.S. naval supremacy in Asia, said Richard Fisher, vice president of the International Assessment and Strategy Center, a nonpartisan think tank in Alexandria, Va.

"China's military capabilities would benefit tremendously from the kind of inside information that he's had access to," Fisher said. "If the Chinese are on the inside track on this one, then we are truly in an arms race."

The case is also troubling because the U.S. government might have to declassify evidence and present it to jurors to prove its case.

"This is the bad choice the government faces," said Paul D. Moore, who served for more than 20 years as the FBI's chief China analyst. "There are a number of people running around the United States who have committed espionage and gotten away with it because the government couldn't afford to lose the information they needed to prove the case."

In similar cases, prosecutors withhold evidence deemed too sensitive. Other times, they obtain special security clearances for the judge, jurors and defense attorneys to look at certain classified documents. But the bulk of the evidence must be aired in open court.

Prosecutors in the Mak case did not return calls for comment. Defense attorneys have undergone FBI background checks and received clearance to see certain government evidence.

Mak, a U.S. citizen since 1985, had secret clearance for a decade through his work with Power Paragon, an Anaheim-based subsidiary of the nation's sixth-largest defense company, L-3 Communications.

His attorney, Ronald Kaye, said the government has grossly exaggerated the evidence against his client. He said Mak would never do anything to hurt his adopted country.

"You have a highly regarded 66-year-old engineer who universally is seen as a great asset to our country. He's been a U.S. citizen for over 20 years. He's a homeowner," Kaye said. "Every person you turn to says he's the most generous, committed engineer in the company."

According to prosecutors, Mak took documents from Power Paragon, copied them to computer disks and encrypted them with the help of his brother, Tai Mak, and nephew, Billy Mak, before trying to pass them to a Chinese contact known as "Mr. Pu."

Tai Mak and his wife, Fuk Heung Li, were arrested in 2005 at the Los Angeles airport as they were about to fly to China.

Hidden in their luggage were encrypted disks containing copies of documents on a submarine propulsion system, according to court papers.

The propulsion technology suppresses noise to make submarines virtually undetectable underwater and is "one of the biggest secrets that we have in developments in submarine technology and anti-submarine warfare," Moore said.

Chi Mak was arrested several days later. During a search of his home, investigators found two torn-up notes asking him to get documents on a number of sensitive U.S. naval projects involving torpedoes, electromagnetic artillery, missile-detection and nuclear defense, according to court papers.

Investigators also seized documents on the DDX Destroyer, a next-generation, multi-mission warship as quiet as a submarine; electromagnetic launch systems for aircraft carriers; high-powered electromagnetic guns; and submarine-mounted kinetic energy projectiles, the court papers say.

The government also said it suspects Mak has been feeding information about Aegis-class battleships to China since the 1980s.

Investigators tapped the Maks' phones and installed video cameras in their homes. In one instance, Tai Mak allegedly called his Chinese contact and identified himself as being with the "Red Flower of North America," which the FBI believes is code for a Chinese intelligence operation.

Li, Tai Mak, Billy Mak and Rebecca Laiwah Chiu, the wife of Chi Mak, have all pleaded not guilty to the same charges as Chi Mak and await trial

Kaye explained Chi Mak's behavior by saying, "My client is committed to discussing and learning about technology - that's all."

---

On the Net:

Power Paragon: http://www.powercontrolsystemsgroup.com

L-3 Communications: http://www.l-3.com

(Corrects grafs 3 and 9 to say charges against Chi Mak involve stealing documents for China, not specifically spying.)

[B4Ranch]

>Every single one of them needs to be reevaluated for security clearances and sensitive program access.<

Sorry, but the COMMUNISTS in DC, ah, I mean DEMOCRATS in DC have already taken care of that problem with "NO PROFILING".

[B4Ranch]

>>In one instance, Tai Mak allegedly called his Chinese contact and identified himself as being with the "Red Flower of North America,"<<

How many petals does the "Red Flower of North America," have? Tens of thousands I would presume. Everyone of them stealing from the American soil.

[Paul Ross]

Honestly, why would you assume I would be rooting for him

Because of everything you have ever said here, plus this little jewel:

Just as there are spies throughout the US, there are also Hawks working throughout law enforcement with their bias points of view.

Care to be specific? Are you claiming that the W-88 plans...and many others... just "magically" found their way to the Chi-Comms? Interesting that you would echo the Xlinton administration and its attempt to smear our FBI folks...all without proof.

China's rise today is entirely credited to free trade

False. Unrestricted trade on one side only is not free trade. By all honest evaluations, her economic rise is credited to domestic tyranny over its work-force. Wages kept penurious by state edict, policed by the Party and its governmental apparatus.

That is theft of their lives and prosperity.

And to the extent that foreigners, mistaking their invitation to set up manufacturies in China as "free trade"...albeit forfeiting up front half the ownership of all invested capital and intellectual property...just to get a piece of the slave labor supply...they are indulging in massive self-deception.

And the Chi-Comms laugh amongst themselves...politely out of hearing of the foreigners.

That is not free trade. Nor are the mercantilist policies of the Chi-Comm regime. (Which accomplices in the import lobby effectuate and provide treasonous political cover for). From the pegging of the currency, to the massive tariffs and non-tariff barriers...which result in the now SIX TO ONE TRADE IMBALANCE with the TARGETTED COUNTRY.

China will never be able to steal her way into super power status

China's Communists are obviously counting on the intelligentsia not seeing that this time it is working because THERE ARE VIRTUALLY NO DEFENSES UP AGAINST THEM, UNLIKE THE SOVIETS.

If the defenses were up, indeed, all your phoney "free trade" transfusions of our technology could not happen.

So, the issue is why the defenses are still not up...and who needs to be tried for treason.

[ponder life]

Because of everything you have ever said here,

That's a bias and partial statement.

plus this little jewel:

Well, tell me I'm wrong. There are spies from everywhere, even from Britain and France.

Interesting that you would echo the Xlinton administration and its attempt to smear our FBI folks...all without proof.

I'm not smearing anyone. Even due process breaks down. It's because it is done by people. So what about Ruby Ridge and WACO? Should the FBI not be criticized for their handling in those situations?

And the Chi-Comms laugh amongst themselves...politely out of hearing of the foreigners.

70,000,000 people belong to the Communist Party in China. Not everyone agrees with one another. Many want good relations with the US and know that their future lies with the US. And these people who do want good relations also have not made it a secret that they want to bring all 1.3 billion into the 21st century. And those on the US side who are receptive to a better relationship also realize that is China's stated goal (technology).

We've had this discussion before, but you would actually get alone with those in the party who would like to maintain their priviledged positions at the expense of China's progress. I do believe many Hawks are not comfortable with an emergent China (regardless of government). And would be more comfortable with a N. Korean style government that does not move the country into the 21st century and is easily containable.

If the defenses were up, indeed, all your phoney "free trade" transfusions of our technology could not happen.

I will agree with you there. The political turmoil in China caused her to miss out on nearly the entire 20th century for development. But then again, China has not made it a secret that technology transfer is a priority. The building of subways in China's major cities are a good example. When China has foreign companies bid for projects, the highest criteria is not cost, but technology transfer on who gets awarded the contract. This is true on almost every major project. So yes, China's massive building of infrastructure and industry is done with a significant about of technology transfer.

However, I do disagree with you that it is phoney trade. But, you already knew that.

So, the issue is why the defenses are still not up...and who needs to be tried for treason.

Well, as far as defenses, early on in the game, a US led trade sanction would have been affective. At this point, to get other countries to move against China would be a paramount task (I realize you would be up to it).

In a way, I can kind of sympathize with you (though I disagree with you). In two to three decades, if something drastic isn't done, a Chinese led trade sanction may carry more weight than a US led trade sanction.

[Paul Ross]

In two to three decades, if something drastic isn't done, a Chinese led trade sanction may carry more weight than a US led trade sanction.

Indeed. As I said elsewhere...they will ultimately "cut out the middle-man" and thus end the charade...that this is all for our good.

[Paul Ross]

Kewl, didn't know we had any of those. /s

And thanks to unconstrained espionage...now the Chi-Comms do as well...

Isn't free trade wonderful. /s

[Iwo Jima]

I'm rooting for the integration of China into the global economy.

Why? Why seek to enrich your enemy?

[ponder life]

Why seek to enrich your enemy?

Well, I don't see China as America's enemy. Also, integration into the world economy doesn't gurantee wealth. It isn't a hand out, it's an opportunity. A society has to be hard working and industrious, as well, in order to be "enriched".

[Iwo Jima]

Communist China is and always has been America’s enemy. This will remain true for our lifetimes, and for the lifetimes of our children, our children’s children, and longer.

[TChris]

Now, in a case that experts say could have serious implications for U.S. security, he is accused of stealing those secrets for the Chinese.

Help me out, people. Can I get a "Duh!"?

[TChris]

No one even batted an eye or thought about it as a security risk.

There are far too many bloomin' idiots in charge.

It's as simple as that.

[ponder life]

Communist China is and always has been America’s enemy. This will remain true for our lifetimes, and for the lifetimes of our children, our children’s children, and longer.

I'm confident, in the not too distant future, that China will become a democracy. Will you still consider China, with a democratically elected governmnet, an enemy of America?

[New Perspective]

I wonder how this newly gained technology coupled with the equipment from the U.S. Navy surveillance plane that made an emergency landing in China April 1, 2001, will play out for the US.

It appears that they have the secrets to silence a sub as well as track the subs.

Nicely done, you stupid *&^%*&$^$ democrats.

[Iwo Jima]

Yes.

[ponder life]

Yes.

Your answer, which reveals your prejudice, is at least honest.

[Paul Ross]

I'm confident, in the not too distant future, that China will become a democracy.

NAZI Germany was "democratically" elected. One vote. One time. What you fail to comprehend, is how critical are the immortal examples of the Greek democracies and the Roman Republic. There needs to be rule of law. And those laws must not be debased by those in power...but the General interest must be protected.

Will you still consider China, with a democratically elected governmnet, an enemy of America?

Stalin and the Politboro went through many "elections". Joseph Stalin said "He who votes decides nothing; he who counts the votes decides everything."

Guess who counted the votes....

Until the Chicoms are REMOVED from power...and the whole lot of their thugs in the Party and the PLA are prosecuted for being the war criminals they are, and accomplices to the crimes against humanity...then NOTHING WILL HAVE CHANGED.

BTW: You do know,don't you, that the PLA is sworn to protect the Chicoms. Not China.

[ponder life]

NAZI Germany was "democratically" elected. One vote. One time. What you fail to comprehend, is how critical are the immortal examples of the Greek democracies and the Roman Republic. There needs to be rule of law. And those laws must not be debased by those in power...but the General interest must be protected.

Well, I agree with you. However, you're suggesting I'm advocating for the "Chicoms". But I'm not. I support a broad based general election in which the general interest is protected.

Stalin and the Politboro went through many "elections". Joseph Stalin said "He who votes decides nothing; he who counts the votes decides everything."

Guess who counted the votes....

Well, you're not talking about a true democracy in these examples. And I was not suggesting that China repeat those examples descibed above.

Until the Chicoms are REMOVED from power...and the whole lot of their thugs in the Party and the PLA are prosecuted for being the war criminals they are, and accomplices to the crimes against humanity...then NOTHING WILL HAVE CHANGED.

Not all war criminals have been brought to justice in Germany nor in Japan after WWII before those countries could move forward. The same will be true in China.

BTW: You do know,don't you, that the PLA is sworn to protect the Chicoms. Not China.

I imagine they are. But I believe someday, the military will come under a civilian democracally elected government.

Until then, I don't believe progress in China should be stopped. And when a government is elected by the people, I want those people at that time to have a relatively modern China that can produce tens of millions of autos a year instead of a third world country that can't even produce enough rice and wheat for own consumption. Progress from Beijing, to Shanghai, to Guangzhou, to Chonqing must not be stopped.

I want democracy to eventually come to China, progress will move ahead even faster with it.

[VOA]

Prosecutors say the Chinese-born Mak was working for China from 1983
until his arrest two years ago

If true, the guy had a very good run.
Got past Papa Bush's admin, Bubba's admin, finally caught during
Dubya's admin?

If convicted, Dubya's crew should crow about this coup.

But Dubya ain't too good about publicizing accomplishments.
(or maybe his staff muzzles him?)

[VOA]

OOPS...
I was inaccurate...maybe the perp actually did some damage during
the Reagan Admin., as well.

[skeeter]

"You have a highly regarded 66-year-old engineer who universally is seen as a great asset to our country. He's been a U.S. citizen for over 20 years. He's a homeowner," Kaye said. "Every person you turn to says he's the most generous, committed engineer in the company."

The jury finds the defendent guilty of high treason, of imperiling the lives of US servicemen and women and further the lives of every man woman & child in the US & hereby sentences both the defendent and his attorney to death, the sentence to be carried out immediately following appeal.