The U.S. Justice Department released the below information:
SAN DIEGO – A former U.S.
Army helicopter pilot-turned-civilian-contractor appeared in federal court in
San Diego yesterday to face charges that when he was required to make
disclosures during national security background checks, he failed to disclose
that he repeatedly met with - and received cash payments from - a Chinese
national linked to intelligence services.
Shapour Moinian, 66 years
of age from Mira Mesa, worked for many years for various defense contractors
and also as a civilian contractor for the U.S. Navy and was subjected to
multiple national security background checks. According to a complaint and
disclosures made at his initial appearance and bond hearing, Moinian made false
statements on these questionnaires, asserting repeatedly that he did not have
any contact with foreign nationals.
In 2017, Moinian was
communicating with a Chinese National, who posed as a recruiter on a
job-services platform in a manner that both Germany and France have publicly
identified as a technique used by Chinese intelligence services. Thereafter,
Moinian traveled to China where in March 2017, while working at a cleared
defense contractor on various projects, including a high-altitude, unmanned
surveillance aircraft used by the U.S. Military and various allies. Upon returning,
Moinian continued to communicate with his Chinese contact and update her on the
progress of his work for her. In September 2017, Moinian again traveled
overseas and met with his Chinese contact. Following this meeting, Moinian used
a relative’s South Korean bank account to receive payment from his Chinese
contact, which he then had wired to him in the United States.
In 2017, in the midst of
his communications, visits, and working for his Chinese contact, Moinian
completed a Questionnaire for National Security Background Investigations,
where it is alleged he made knowingly and willfully materially false,
fraudulent, and fictitious statements and representations, when he stated that
he had not had close or continuing contact with a foreign national and had not
been asked to work as a consultant, or consider employment by a foreign
national, within the past seven years.
In 2018 after returning
from another overseas meeting with his Chinese contact and her associates,
where he received a cash payment, Moinian conducted searches using an internet
search engine for sabotage, espionage, spying, and selling military information
to a foreign country. In June 2019, Moinian requested a $20,000 payment from
his Chinese contact, telling her that it was for a friend. In August of that
year, Moinian traveled overseas to meet with his Chinese contact and others,
where he received a large cash payment.
In 2020, when completing
another Questionnaire for National Security Background Investigations, it is
alleged Moinian made knowingly and willfully materially false, fraudulent, and
fictitious statements and representations, when he reaffirmed that he had not
had close or continuing contact with a foreign national and had not been asked
to work as a consultant, or consider employment by a foreign national, within
the past seven years.
Moinian, a former
helicopter pilot for the U.S. Army, continued his work for various defense
contractors while communicating and meeting with his Chinese contact and her
associates, who provided him with cash payments that he smuggled back into the
United States. These meetings, and payments, occurred in multiple overseas
locations, including Hong Kong, Macau, Bali, and Taiwan. In addition to cash
payments at these meetings, Moinian also received at least one other payment
from his Chinese contact that he funneled through his relative’s South Korean
bank account.
At the time of his arrest
on October 1, 2021, Moinian was working for another cleared defense contractor
and was slated to relocate to South Korea to work on a military aircraft being
produced for that country. When he was arrested, Moinian had already provided
many of his belongings to a company to transport to South Korea, and given
notice that he was vacating his apartment the following week. Although these
charges have been filed, the investigation is continuing by both the FBI and
NCIS.
“The complaint alleges a
disturbing failure to reveal information highly relevant to the background
clearance process,” stated Acting United States Randy Grossman. “This
office is committed to ensuring that individuals in sensitive national security
positions are worthy of the trust placed in them.” Grossman commended the
work of AUSA Fred Sheppard, DOJ’s National Security Division and the FBI and
NCIS agents who diligently pursued this matter.
“This case serves as a
stark reminder of the social media exploitation strategies Chinese intelligence
agencies will utilize to target, recruit, and maintain contact with valuable
foreign assets,” said FBI Special Agent in Charge Suzanne Turner. “Let this
arrest serve as a deterrent to those who may consider hiding their foreign
contacts in the hopes they can live a double-life and not get caught.”
“Mr. Moinian’s alleged
false statements on security background forms about his contact with foreign
nationals posed a significant threat to our national security,” said Special
Agent in Charge Michelle Kramer of the NCIS Office of Special Projects. “This
arrest should serve as a warning that NCIS and our law enforcement partners
remain committed to rooting out any and all criminal attempts to compromise our
nation’s national security interests. We sincerely thank our partners for their
substantial efforts during this investigation to preserve U.S. warfighter
superiority.”
This case was investigated
by the Federal Bureau of Investigation and the Naval Criminal Investigative
Service, and is being prosecuted by the U.S. Attorney’s Office for the Southern
District of California and the Department of Justice’s National Security
Division.
DEFENDANTS
Case Number
21MJ3884
Shapour
Moinian
Age: 66
San Diego
SUMMARY OF CHARGES
Title 18, United States Code, Section
1001 (Materially false, fictitious, or fraudulent statement or representation)
Maximum penalty: Fine and prison term of
up to five years.
INVESTIGATING AGENCIES
Federal Bureau of Investigation
Naval Criminal Investigative Service
*The charges and allegations contained
in an indictment or complaint are merely accusations, and the defendants are
considered innocent unless and until proven guilty.
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