(DOJ) A Florida man was sentenced today to four years in prison followed by three years of supervised release for conspiring to violate U.S. firearms laws, making false written statements to federally licensed firearms dealers during the purchase of two firearms, and making false written statements as part of a security clearance background investigation.
Fan Yang, 37, of Jacksonville, was convicted by a federal jury on Nov. 12, 2021. According to court documents, Yang is a Lieutenant in the U.S. Navy, trained in anti-submarine warfare. As a Naval Flight Officer, he flew in the back of the Navy’s P-8 Poseidon, a land-based patrol aircraft, and operated sensors and coordinated tactics.
“Fan Yang held a position of trust with the U.S. government working on anti-submarine warfare,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “Today, the court held him accountable for violating that trust by lying to the government about significant foreign relationships.”
“This case is about more than federal firearms law. It’s about a former Naval flight officer with top-secret security clearance and trained in anti-submarine warfare, who lied about his connections to the People’s Republic of China on U.S. government employment forms,” said Assistant Director Alan E. Kohler Jr. of the FBI’s Counterintelligence Division. “To ensure only the most trustworthy people have access to sensitive information and military technology, U.S. Government employees have a duty to be truthful in their background investigations. The FBI is grateful to its partners who were instrumental in investigating this case. “
“Lt. Fan Yang swore an oath to protect this country, but instead he posed a significant risk to U.S. national security when he failed to report his contact with the head of a Chinese Defense Contracting firm,” said Special Agent in Charge Sherri E. Onks of the FBI’s Jacksonville Field Office. “This act was even more egregious considering Lt. Yang’s Top Secret security clearance and active-duty status as an officer in the U.S. Navy. The FBI and our law enforcement partners will continue to use our full investigative capabilities to investigate, expose and prevent further threats to U.S. national security posed by foreign competitors and adversaries.”
“Lt. Yang brought discredit to the Navy and threatened military operational readiness when he decided to make straw purchases of firearms for a foreign national and lie about that relationship during his security clearance background investigation,” said Special Agent in Charge Michelle Kramer of the Naval Criminal Investigative Service (NCIS) Office of Special Projects. “This sentence should serve as a warning that NCIS and our law enforcement partners are committed to rooting out criminality that jeopardizes U.S. warfighter superiority. We sincerely thank the NCIS Southeast Field Office and the FBI for their substantial efforts during this investigation.”
Prior to becoming a commissioned naval officer, Fan Yang formed a relationship online with Songtao Ge, a citizen of the People’s Republic of China.
Photographs admitted at trial showed that the two eventually met in person in 2013, while Yang was in Navy flight training in Pensacola.
In 2016, while Yang was stationed in Jacksonville, Yang recommended that Ge hire Yang’s wife, Yang Yang, as an employee of Shanghai Breeze Technology Co. Ltd., Ge’s company headquartered in Shanghai, China.
That company purchased in the United States and exported to China maritime equipment designed for law enforcement and military missions.
From the time that she was hired, Yang Yang received more than $300,000 in payments from Shanghai Breeze, its creditors, and Ge’s executive assistant and co-defendant, Zheng Yan.
The money was used to pay Yang Yang’s salary, Shanghai Breeze’s expenses in the United States, and for goods that Ge Songtao ordered the Yangs to purchase.
The funds were frequently routed through the Yangs’ family business, BQ Tree LLC.
In 2017 and again in 2018, acting on Ge’s instructions, Fan Yang purchased two handguns for him, specifically a Sig Sauer 9 mm pistol and a Glock 9mm pistol.
Songtao reimbursed the Yangs for both purchases and had the Sig Sauer pistol engraved with his initials – “G.S.T.” – and the phrase “Never Out of the Fight.”
Each time he purchased a firearm, Fan Yang completed a Firearms Transactions Record (known as ATF Form-4473) on which he falsely represented that he was purchasing the firearm for himself, rather than for Ge.
The evidence at trial showed that although Ge employed Yang Yang, had been to the Yangs’ home, and had paid for the Yangs to travel and visit him, Fan Yang consistently hid their relationship from the Navy.
For example, in July 2018, Yang asked for time off from his Navy chain of command, claiming that he was travelling with his family to “Disney” when in fact, he and his wife secretly travelled to Nebraska and met with Ge.
Then, in January 2019, while assigned as a tactics instructor at the Maritime Patrol and Reconnaissance Weapons School in Jacksonville, Fan Yang completed and signed a background questionnaire as part of the renewal of his top secret security clearance.
That questionnaire (called an SF-86 or eQIP) required the disclosure of a variety of information, including any close or continuing contact with foreign nationals.
Yang failed to disclose the extent of his contacts with Ge, and hid that he had maintained a bank account in China, sometimes worked for his family business, BQ Tree LLC, and possessed an expired Chinese passport.
On Nov. 2, 2020, Ge pleaded guilty to conspiring to submit false export information through the federal government’s Automated Export System and to export special forces maritime raiding craft and engines to China fraudulently, and attempting to export that equipment fraudulently, in violation of U.S. law.
On July 14, 2021, he was sentenced to three years and six months years in federal prison.
On September 15, 2020, Yang Yang pleaded guilty to the same two charges to which Ge had pleaded guilty, and on Dec. 9, 2020, was sentenced to time-served, or the equivalent of approximately 14 months’ imprisonment.
On Aug. 13, 2020, co-defendant Zheng Yan pleaded guilty to conspiring to submit false export information and to export the raiding craft and engines fraudulently, in violation of U.S. law, and on March 31, 2021, was sentenced to a time-served sentence or the equivalent of approximately six months’ imprisonment and 11 months’ home-detention.
This case was investigated by the FBI, NCIS, the U.S. Department of Commerce – Bureau of Industry and Security, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant U.S. Attorneys Michael J. Coolican and Kirwinn Mike for the Middle District of Florida, as well as Senior Trial Attorney Heather Schmidt of the National Security Division’s Counterintelligence and Export Section are prosecuting the case.
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division and U.S. Attorney Roger B. Handberg for the Middle District of Florida made the announcement.
