U.S. Indicts Chinese Businesswoman, Trading Company for Helping North Korea Evade Sanctions -- 2nd Update
September 26 2016 - 2:53PM
Dow Jones News
By Jay Solomon and Chun Han Wong
The U.S. Department of Justice has indicted a prominent Chinese
businesswoman and Communist Party member on charges that she and
her trading company helped blacklisted North Korean companies to
evade U.S. sanctions and procure raw materials, potentially for use
in Pyongyang's nuclear-weapons program.
The indictment, unsealed on Monday, alleges that Ma Xiaohong and
her company, Dandong Hongxiang Industrial Development Co., served
as financial fronts for North Korean companies sanctioned by the
U.S. for their alleged role in developing Pyongyang's nuclear and
ballistic-missile capabilities.
The Justice Department said Ms. Ma and her company and
associates masked hundreds of millions of dollars of transactions
on behalf of North Korean firms, which used the U.S. banking
system.
The indictment specifically alleges that Ms. Ma and Hongxiang
Industrial conducted U.S. dollar transactions on behalf of North
Korea's Korea Kwangson Banking Corp., which the U.S. sanctioned in
2009 for its alleged role in financing Pyongyang's weapons
programs.
The U.S. Treasury Department also announced sanctions against
Ms. Ma, her trading company and two of her business associates at
Hongxiang Industrial.
"The charges and forfeiture action announced today allege the
defendants in China established and used shell companies around the
world, surreptitiously moved money through the United States and
violated the sanctions imposed on North Korea in response to, among
other things, its nuclear-weapons program," Assistant Attorney
General Leslie Caldwell said in a statement.
Efforts to reach Ms. Ma over the past week have been
unsuccessful. Yao Jizhou, a Hongxiang Industrial official and
assistant to Ms. Ma, has repeatedly declined to comment on the
allegations against the businesswoman and her company.
The Wall Street Journal reported earlier this month that Ms. Ma
and Hongxiang Industrial were under scrutiny by U.S. and Chinese
officials for its activities in North Korea.
The Justice Department also is seeking, through a separate civil
complaint, to freeze funds tied to Ms. Ma and to Hongxiang
Industrial held in 25 Chinese bank accounts. U.S. officials said
these funds were illegally transited through the U.S. financial
system on behalf of Korea Kwangson Banking Corp.
The indictment said the North Korean bank was a primary
financier of two sanctioned firms the U.S. has long believed are
central players in North Korea's nuclear and missile programs.
These are Tanchon Commercial Bank and Korea Hyoskin Trading
Corp.
The Justice Department charged in the civil complaint that Ms.
Ma and Hongxiang Industrial masked four banking transactions on
behalf of Korean Kwangson Banking Corp. from 2009 through 2013.
This included a sugar commodity transaction and three contracts
involving the purchase of urea fertilizer.
"It appears that the majority of [Hongxiang Industrial's]
businesses and assets are derived from evading sanctions and the
overall money laundering scheme," the Justice Department said.
According to a Chinese government-run corporate registry,
Hongxiang Industrial and Kwangson had collaborated on a
joint-venture focused on warehousing services from 2010 to
2015.
Hongxiang Industrial owned 51% of the joint venture, which was
set up in the Chinese border city of Dandong with initial
registered capital of 20 million yuan ($3 million). Kwangson held
the remaining 49% of the warehousing firm. It wasn't clear why the
joint-venture was terminated.
The Obama administration has vowed to significantly increase
financial pressure on North Korea and its young leader, Kim Jong
Un, following its fifth nuclear weapons test on Sept. 9.
The U.S. Congress passed legislation this year requiring the
White House to sanction Chinese firms conducting trade with North
Korea's regime. Roughly 90% of Pyongyang's international trade goes
through China.
The Justice Department has been closely monitoring the
activities of Ms. Ma and her company for much of this year,
according to U.S. officials, due to the belief they were helping
North Korea evade sanctions. The department sent U.S. prosecutors
to China twice last month to detail the evidence the Obama
administration had amassed against the businesswoman and her
company, according to these officials.
Police in China's Liaoning province, which borders North Korea,
announced earlier this month that they recently started
investigating Hongxiang Industrial for "serious economic crimes"
conducted during its trading activities. Ms. Ma was later named a
suspect in that police probe in a corporate disclosure from a
separate company in which she is a major shareholder.
U.S. officials have stressed in recent days that while they
shared information with Chinese authorities, they didn't consider
the actions against Ms. Ma to be coordinated. They said Washington
was still seeking documents from China detailing exactly what
charges have been made against Ms. Ma and her company in that
country.
Write to Jay Solomon at jay.solomon@wsj.com and Chun Han Wong at
chunhan.wong@wsj.com
(END) Dow Jones Newswires
September 26, 2016 14:38 ET (18:38 GMT)
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