The U.S. Justice Department released the below information:
Two
businessmen are now in custody for allegedly violating U.S. export control and
smuggling laws. As part of the overall investigation, a Houston company and its
owner also pleaded guilty to smuggling cutting-edge Artificial Intelligence
(AI) technology out of the United States, and the United States has seized over
$50 million in Nvidia technologies and cash.
“Operation Gatekeeper has exposed a sophisticated smuggling
network that threatens our Nation’s security by funneling cutting-edge AI
technology to those who would use it against American interests,” said U.S.
Attorney Nicholas J. Ganjei for the Southern District of Texas. “These chips
are the building blocks of AI superiority and are integral to modern military
applications. The country that controls these chips will control AI technology;
the country that controls AI technology will control the future. The Southern
District of Texas will aggressively prosecute anyone who attempts to compromise
America’s technological edge.”
“Gong and his accomplices allegedly led a complex scheme to
smuggle high-performance graphic processing units to China in violation of U.S.
export laws,” said Assistant Director Roman Rozhavsky of the FBI’s
Counterintelligence Division. “This case highlights the importance of
interagency cooperation to protect U.S. technology; the FBI, alongside our
partners, will continue to aggressively investigate these violations and bring
those responsible to justice. We ask our private sector partners to remain vigilant
to this increasing threat as our adversaries try to match U.S. artificial
intelligence breakthroughs.”
According to court documents, Alan Hao Hsu, also known as
Haochun Hsu, 43, of Missouri City, Texas, and his company, Hao Global LLC, both
pleaded guilty to smuggling and unlawful export activities on Oct. 10, 2025.
According to now unsealed court documents, between October 2024 and May 2025,
Hsu and others knowingly exported and attempted to export at least $160 million
worth of export-controlled Nvidia H100 and H200 Tensor Core graphic processing
units (GPUs).
The H100 and H200 are high-speed GPUs used for AI applications
and high-performance computing. They are designed to process massive amounts of
data, advancing generative AI and large language models and accelerating
scientific computing. These GPUs are used for both civilian and military
applications.
Hsu and others falsified shipping paperwork, misclassifying the
true nature of the goods and their recipients to conceal the ultimate
destination of the GPUs. Hsu and Hao Global received more than $50 million in
wire transfers that originated from the People’s Republic of China (PRC) to
help fund the scheme. The GPUs were ultimately shipped to the PRC, Hong Kong
and other destinations in violation of U.S. export laws.
At sentencing, Hsu faces up to 10 years in prison on Feb. 18,
and Hao Global LLC faces a maximum penalty of twice the gross gain from the
offense and a term of probation.
Also charged in relation to the scheme are two PRC natives.
Benlin Yuan, 58, the chief executive officer of a Sterling, Virginia, IT
services company, which is the U.S. subsidiary of a large PRC IT company based
in Beijing, was arrested in Sterling, Virginia, on Nov. 28 and charged with
conspiring to violation the Export Control Reform Act (ECRA) of 2018. Yuan is a
Canadian citizen who resides in Mississauga, Ontario.
Fanyue Gong, also known as Tom Gong, 43, a PRC citizen who
resides in Brooklyn, New York, is the owner of a New York technology company
and was arrested in New York on Dec. 3. Gong was charged with conspiring to
smuggle goods out of the United States.
According to charging documents, Gong and Yuan also
independently conspired with employees of a Hong Kong-based logistics company
and a China-based AI technology company to circumvent U.S. export controls.
The criminal complaint against Gong alleges that co-conspirators
obtained Nvidia GPUs through straw purchasers and intermediaries, falsely
indicating that the goods were for U.S. customers or customers in third
countries that do not require a license to export. The GPUs were shipped to
multiple U.S. warehouses where individuals who worked for Gong removed Nvidia
labels and re-labeled the GPUs with the name “SANDKYAN” – a fake company – and
then prepared the goods for export at his direction. The shipping and export
paperwork for the GPUs allegedly misclassified the goods as generic computer
parts. The charges allege co-conspirators then shipped the goods or attempted
to do so to the PRC and Hong Kong in violation of U.S. laws.
According to the complaint, Yuan helped recruit and organize
individuals to inspect the mislabeled GPUs on behalf of the Hong Kong logistics
company. Yuan allegedly agreed to direct inspectors not to say the goods
were destined for the PRC. The government also alleges Yuan directed
discussions regarding crafting a story his company could use to get GPUs and
other equipment released after federal law authorities detained it. Yuan
allegedly engaged in several conversations about providing false information to
U.S. authorities regarding the ultimate customer of the goods.
As alleged, Yuan also participated in and agreed to direct
actions involving the handling and storage of another export of Nvidia GPUs on
behalf of the Hong Kong logistics company.
If convicted, Yuan faces up to 20 years in prison for conspiring
to violate ECRA and up to a $1 million fine. If convicted, Gong faces up to 10
years in prison for conspiring to smuggle goods out of the United States.
Hsu was permitted to remain on bond pending sentencing. Yuan and
Gong are currently in custody pending further criminal proceedings.
The Commerce Department’s BIS Office of Export Enforcement
Dallas Field Office, Immigration and Customs Enforcement Homeland Security
Investigations (ICE HSI) Dallas, and FBI New York and Washington Field Offices
are investigating the case.
Assistant U.S. Attorneys John Marck and Mark McIntyre for the
Southern District of Texas and Trial Attorney Fatema Merchant of the National
Security Division’s Counterintelligence and Export Control Section are
prosecuting the case, with substantial assistance provided by Trial Attorney
Yifei Zheng, also from the Counterintelligence and Export Control Section.
A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.