United States of America v. ZTE Corporation: Factual Resume

March 7, 2017

Weapon Program: 

  • Military

FACTUAL RESUME

It is hereby agreed by and between ZTE Corporation (ZTEC), its attorneys, Clifford Chance LLP and Burleson, Pate & Gibson LLP, and the United States Attorney's Office for the Northern District of Texas and the United States Department of Justice, National Security Division (collectively, the Department), that the following is true, correct and can be used in support of the defendant's plea of guilty:

ELEMENTS OF THE OFFENSE

Count One Conspiracy to Unlawfully Export (Violation of 50 U.S.C. § 1705, 31 C.F;R. Part 560; and 15 C.F.R. Part 764.2(d))

In order to prove the offense of Unlawfully Conspiring to Export, the government must prove each of the following elements beyond a reasonable doubt: First: That two or more persons came to a mutual understanding to try to accomplish a common and unlawful plan, as charged in the Information; Second: That the Defendant, lmowing the unlawful purpose of the plan, willfully joined in it; Factual Resume - Page 1 That the object of the unlawful plan was to export and cause the export of U.S. origin items from the United States to Iran without a license from the U.S. government.

Count Two Corruptly Obstructing the Administration of Justice (Violation of 18 U.S.C. §1503)

In order to prove the offense of Obstruction of Proceedings before· Departments, Agencies or Congress, the government must prove each of the following elements beyond a reasonable doubt: First: That on or about the dates in the Information, there was a proceeding pending before a grand jury; Second: . That the defendant knew of the pending proceeding; and Third: That the defendant acted corruptly with the specific intent to influence, obstruct, or impede that judicial proceeding in its due administration ofjustice.

Count Three False Statement to a Federal Agency (Violation of 18 U.S.C. § 1001)

In order to prove the offense of False Statement to a Federal Agency, as alleged in Count Three ofthe Information, the government must prove each of the following elements beyond a reasonable doubt: First: That the defendant made a false statement to an agency or department of the United States Government; Second: That the defendant made the statement intentionally and willfully, knowing that it was false; Factual Resume - Page 2 Third: That the statement was material; and Fourth: That the defendant made the false statement for the purpose of misleading the agency or department of the United States Government. 

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