On Nov. 20 in the District of Oregon, Sanjay Kaushik, 57, of India, was indicted for conspiring to export controlled aviation components with dual civilian and military applications to end users in Russia, in violation of the Export Control Reform Act. Kaushik is also charged with attempting to illegally export a navigation and flight control system from Oregon to Russia through India, and with making false statements in connection with an export. He was arrested in Miami, Florida, on Oct. 17, pursuant to a criminal complaint and arrest warrant issued by the District of Oregon.
According to the court documents, beginning as early as March 2023, following Russia’s full-scale invasion of Ukraine, Kaushik conspired with others to unlawfully obtain aerospace goods and technology from the United States for entities in Russia. The goods were purchased under the false pretense that they would be supplied to Kaushik and his Indian company, when in fact they were destined for Russian end users.
In one such instance, Kaushik and his co-conspirators purchased an Attitude Heading Reference System (AHRS), which is a device that provides navigation and flight control data for aircraft, from an Oregon-based supplier. Components such as the AHRS require a license from the Department of Commerce to be exported to certain countries, including Russia. To obtain an export license for the AHRS, Kaushik and his co-conspirators falsely claimed that Kaushik’s Indian company was the end purchaser and that the component would be used in a civilian helicopter. Kaushik and his co-conspirators obtained the AHRS – which was ultimately detained before it was exported from the United States – on behalf of and with the intention of shipping it, through India, to a customer in Russia.
If convicted, Kaushik faces maximum penalties of 20 years in prison and up to a $1 million for each count in the indictment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, Assistant Secretary for Export Enforcement Matthew S. Axelrod of Department of Commerce Bureau of Industry and Security (BIS), and U.S. Attorney Natalie K. Wight for the District of Oregon made the announcement.
BIS Portland is investigating the case.
Assistant U.S. Attorney Gregory R. Nyhus for the District of Oregon and Trial Attorneys Joshua E. Kurland and Dallas J. Kaplan of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
This case was coordinated through the Justice Department’s Task Force KleptoCapture, an interagency law enforcement task force dedicated to enforcing the sweeping sanctions, export controls, and economic countermeasures that the United States, along with its foreign allies and partners, has imposed in response to Russia’s unprovoked military invasion of Ukraine. Announced by the Attorney General on March 2, 2022, and under the leadership of the Office of the Deputy Attorney General, the task force will continue to leverage all of the department’s tools and authorities to combat efforts to evade or undermine the collective actions taken by the U.S. government in response to Russian military aggression.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.