A Chinese national was sentenced to 22 months in prison today for conspiring

to export military-grade night-vision technology from the United States to the People’s

Republic of China, Acting U.S. Attorney Ralph J. Marra, Jr., announced.

U.S. District Judge Renée Marie Bumb also ordered Bing Xu, 38, of Nanjing, China, to serve

two years of supervised release upon the completion of his prison term and to cooperate with

Immigration and Customs Enforcement authorities regarding his immigration status. Xu has

been in custody since his arrest in October 2007.

On Feb. 24, 2009, Xu pleaded guilty before Judge Bumb to Count One of a Superseding

Indictment, which charged him with conspiracy to violate United States export laws. At his

plea hearing, Xu admitted that he served as a manager at Everbright Science and Technology,

Ltd, a company located in Nanjing. He further admitted that he conspired with others at

Everbright to purchase certain night-vision technology from a company in the United States,

which required a license from the United States Department of State for export.

Xu admitted that he and others at Everbright first attempted to obtain the necessary export

license for the night-vision equipment. When the license application was denied by the

Department of State, Xu agreed with others at Everbright to take steps to export the night

vision optical equipment illegally. Xu stated that he knew his conduct was illegal and that he

was aware that a license was required to export the technology. The United States maintains

an arms embargo with China, and State Department policy is to deny permission for the

export of defense articles such as the night-vision technology that Xu sought to order.

Marra credited Special Agents of the Department of Homeland Security, Immigration and

Customs Enforcement, under the direction of Special Agent in Charge Peter T. Edge, and

Special Agents from the Department of Defense, Defense Criminal Investigative Services,

under the direction of Resident Agent in Charge Christopher Fair, as well as the New Jersey

State Police, under the direction of Superintendent Colonel Rick Fuentes, and the Piscataway

Township Police Department, under the direction of Chief of Police Kevin Harris, with the

investigation of the case.

The government is represented by Assistant U.S. Attorneys Philip James Degnan and Harvey

Bartle, IV, of the U.S. Attorney’s Office Criminal Division in Newark and Trenton

respectively.