UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

UNITED STATES OF AMERICA 

v. 

HAOQIAN LIU, 

aka Tony Liu, aka "Jim," and 

WARREN SUMAYLO, 

aka Warren Ng S, 

Defendants. 

CaseNo ... IL!-(rINDICTMENT 

Conspiracy to Violate the Arms Export 

Control Act, to Violate the International 

Emergency Economic Powers Act, and to 

Smuggle Goods from the United States 

(18 U.S.C. § 371) (Count 1) 

Violation of the Arms Export Control Act 

(22 U.S.C. § 2778(b)(2), (c); 22 C.F.R. 

§§ 121.1, 123.1, 127.1; 18 u.s.c. § 2) 

(Count 2) 

False Statement 

(18 U.S.C. § 1001(a)(2)) (Counts 3, 6, 9) 

Smuggling Goods from the United States 

(18 U.S.C. §§ 554, 2) (Counts 4, 7, 10) 

Violation of the International Emergency 

Economic Powers Act 

(50 U.S.C. § 1705(c); 15 C.F.R. §§ 742.7 and 

764.2; Exec. Order No. 13222; 

18 U.S.C. § 2) (Counts 5, 8) 

FILED UNDER SEAL 
THE GRAND JURY CHARGES: 

Introductory Allegations 

1. At all times relevant herein, defendant HAOQIAN LIU, aka Tony Liu, aka 

"Jim," a citizen and national of the People's Republic of China, resided and did business in 

Oregon City, Oregon. Defendant HAOQIAN LIU, aka Tony Liu, aka "Jim," did business under 

the name "OpticFactory." In connection with his business activities, defendant HAOQIAN 

LIU, aka Tony Liu, aka "Jim," had several email accounts at Hotmail.com. Beginning in 

December 2012, defendant HAOQIAN LIU, aka Tony Liu, aka "Jim," began using an 

additional assumed business name of "Adeadvancedoptics" which he registered with the state of 

Oregon. 

2. At all times relevant herein, defendant WARREN SUMAYLO, aka Warren Ng 

S, resided and did business in the Republic of the Philippines. In connection with his business 

activities, defendant WARREN SUMAYLO, aka Warren Ng S, had several email addresses at 

Hotmail.com and at Yahoo.com.ph. 

3. The export from the United States of arms, munitions, weapons, equipment for 

military use, and related components is strictly controlled. The Arms Export Control Act, Title 

22, United States Code, Section 2778, et seq., authorizes the President of the United States to 

control the import and export of defense articles in furtherance of world peace, national security, 

and the foreign policy of the United States and to establish and maintain a United States 

Munitions List for that purpose. The President has delegated the authority to regulate the export 

of defense articles to the Secretary of State. 

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4. The United States Munitions List is a catalog of designated defense articles that 

are subject to export restrictions. Included on the United States Munitions List are riflescopes 

manufactured to military specifications. At all times material to this Indictment, the Office of 

Defense Trade Controls Compliance of the United States Department of State classified the 

EOTech Model 553 holographic weaponsight as a riflescope manufactured to military 

specifications. 

5. Any person who intends to export from the United States an article on the United 

States Munitions List is first required to obtain a license from the United States Department of 

State. 

6. Under the International Economic Powers Act ("IEEP A"), the President is also 

granted the authority to deal with unusual and extraordinary threats to the national security, 

foreign policy, and economy of the United States. On August 17, 2001, under the authority of 

IEEP A, the President issued Executive Order 13222, which declared a national emergency with 

respect to the unrestricted access of foreign parties to United States goods and technologies and 

continued the Export Administration Regulations (the "EAR") then in effect, 15 C.F.R. §§ 730-

774. 

7. Pursuant to its authority derived from IEEPA and through the EAR, the United 

States Department of Commerce reviews and controls the export of certain goods and 

technologies from the United States to foreign countries. In particular, the Department of 

Commerce has placed restrictions on the export of goods and technologies that it has determined 

could make a significant contribution to the military potential of other nations or that could be 

detrimental to the foreign policy or national security of the United States, including riflescopes 

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and optical sights for firearms not manufactured to military specifications. With limited 

exceptions not relevant here, at all times material to this Indictment, the Bureau of Industry and 

Security of the United States Department of Commerce prohibited the export to the Republic of 

the Philippines of riflescopes and optical sights for firearms not manufactured to military 

specifications, including the EOTech XPS3 holographic weaponsight and the ZD 1-4x22 

Tactical KS.56 Meopta riflescope, unless a license was first obtained from the Department of 

Commerce. 

8. At all times material to this Indictment, neither defendants HAOQIAN LIU, aka 

Tony Liu, aka "Jim," nor WARREN SUMAYLO, aka Warren Ng S, ever applied for or 

received a license to export riflescopes or optical sights from either the Departments of State or 

Commerce. 

COUNTl 

The introductory allegations are incorporated as if fully set forth herein. 

9. Beginning at a date unknown but in or before November 2010, and continuing 

until at least April 2012, in the District of Oregon and elsewhere subject to the jurisdiction of the 

United States, defendants HAOQIAN LIU, aka Tony Liu, aka "Jim," and WARREN 

SUMAYLO, aka Warren Ng S, did intentionally, knowingly, and willfully conspire with each 

other and with persons unknown to the Grand Jury to commit offenses against the United States, 

to wit: 

a. To export and cause the exportation of defense articles on the United 

States Munitions List, from the United States to the Republic of the Philippines, without first 

having obtained the required licenses and authorizations from the United States Department of 

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State, in violation of Title 22, United States Code, Section 2778(b)(2) and 2778(c); and Title 22, 

Code of Federal Regulations, Sections 121.1, 123.1, and 127.l; 

b. To export and cause the exportation of goods, items controlled for export 

under the Export Administration Regulations, from the United States to the Republic of the 

Philippines, without first having obtained the required licenses and authorizations from the 

United States Department of Commerce, in violation of Title 50, United States Code, Section 

1705(c); Title 15, Code of Federal Regulations, Sections 742.7 and 764.2; and Executive Order 

No. 13222; and 

c. To fraudulently and knowingly export and send from the United States 

merchandise, articles, and objects, and to fraudulently and knowingly receive, conceal, buy, sell, 

and facilitate the transportation, concealment, and sale of such merchandise, articles, and objects, 

specifically munitions, riflescopes, and optical sights for firearms, contrary to the laws and 

regulations of the United States, in violation of Title 18, United States Code, Section 554; 

All in violation of Title 18, United States Code, Section 371. 

10. It was a part of the conspiracy that the defendant WARREN SUMA YLO, aka 

Warren Ng S, using the Internet, would and did order from suppliers located in the United States 

items which are on the United States Munitions List or otherwise subject to export control by the 

United States Department of Commerce. 

11. It was a further part of the conspiracy that defendant WARREN SUMAYLO, 

aka Warren Ng S, would and did arrange for these purchased items to be shipped by the United 

States-based sellers to defendant HAOQIAN LIU, aka Tony Liu, aka "Jim," in Oregon City, 

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Oregon, in order to conceal from the sellers and from United States authorities the fact that these 

items would be exported from the United States to the Republic of the Philippines. 

12. It was a further part of the conspiracy that defendant HAOQIAN LIU, aka Tony 

Liu, aka "Jim," would and did arrange to ship the various items to the Republic of the 

Philippines to defendant WARREN SUMAYLO, aka Warren Ng S, or to others in the 

Philippines as directed by defendant WARREN SUMAYLO, aka Warren Ng S. 

13. It was a further part of the conspiracy that defendant HAOQIAN LIU, aka Tony 

Liu, aka "Jim," would and did arrange to repackage the items and place false descriptions of the 

items on Customs Declarations so it was not apparent that items on the United States Munitions 

List or otherwise controlled for export by the United States Department of Commerce were being 

exported from the United States to the Republic of the Philippines. 

14. In furtherance of the conspiracy, and in order to accomplish its purposes, the 

defendants committed and caused to be committed the following overt acts in the District of 

Oregon and elsewhere: 

a. On or about February 15, 2011, defendant WARREN SUMAYLO, aka 

Warren Ng S, sent an email to a business located in the United States requesting to purchase an 

EOTech Model 552 weaponsight. In response to an inquiry from the customer service director 

of the business located in the United States asking where the sight would be sent, defendant 

WARREN SUMA YLO, aka Warren Ng S, stated that the sight would be shipped to the 

Philippines by express mail. Defendant WARREN SUMAYLO, aka Warren Ng S, 

subsequently received a response by email from the customer service director stating that the 

"Philippines requires export license" and "We can't send any sights/scopes to your country." 

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b. On or about May 10, 2011, defendant HAOQIAN LIU, aka Tony Liu, aka 

"Jim," sent an email to defendant WARREN SUMAYLO, aka Warren Ng S, stating that 

defendant HAOQIAN LIU, aka Tony Liu, aka "Jim," had removed some gun sights from boxes 

that "clearly mentioned" that an export license was required. Defendant HAOQIAN LIU, aka 

Tony Liu, aka "Jim," indicated he had shipped the sights without their boxes, stating that he had 

''.just simply sent the items for easier custom release. Otherwise I might get trouble from it." In 

response, defendant WARREN SUMAYLO, aka Warren Ng S, asked defendant HAOQIAN 

LIU, aka Tony Liu, aka "Jim," to ship the retail boxes separately since he needed the retail boxes 

to sell the gun sights. 

c. On or about July 6, 2011, defendant WARREN SUMAYLO, aka Warren 

Ng S, purchased via eBay one EOTech 553 holographic weaponsight from a party located in the 

United States for $607.95. Defendant WARREN SUMAYLO, aka Warren Ng S, instructed the 

seller to ship the EOTech 553 weaponsight to him at the address of defendant HAOQIAN LIU, 

aka Tony Liu, aka "Jim," in Oregon City, Oregon. 

d. On or about July 12, 2011, defendant HAOQIAN LIU, aka Tony Liu, aka 

"Jim," sent an email to defendant WARREN SUMAYLO, aka Warren Ng S, informing him that 

he had received the EOTech 553 holographic weaponsight. Defendant HAOQIAN LIU, aka 

Tony Liu, aka "Jim," attached to the email a photograph of a sticker on the EOTech box which 

read "This defense article is controlled under the International Traffic in Arms Regulations 

(ITAR), and may not be exported to a Foreign Person, either in the U.S or abroad, without a 

license or exemption from the U.S. Department of State." Defendant HAOQIAN LIU, aka 

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Tony Liu, aka "Jim," stated that he was "afraid to get trouble if send it to you" and asked 

defendant WARREN SUMAYLO, aka Warren Ng S, "what do you suggest?" 

e. On or about July 13, 2011, defendant WARREN SUMAYLO, aka 

Warren Ng S, sent an email to defendant HAOQIAN LIU, aka Tony Liu, aka "Jim," asking him 

ifhe could take off the sticker or ship the EOTech 553 holographic weaponsight without the box 

and ship its box separately. 

f. On or about July 19, 2011, in Oregon City, Oregon, defendant 

HAOQIAN LIU, aka Tony Liu, aka "Jim," shipped the EOTech 553 holographic weaponsight 

to defendant WARREN SUMAYLO, aka Warren Ng S, in the Philippines via United States 

mail and emailed defendant WARREN SUMAYLO, aka Warren Ng S, the US Mail tracking 

number. On the United States Postal Service Customs Declaration Note, defendant HAOQIAN 

LIU, aka Tony Liu, aka "Jim," falsely stated that the package contained a "small telescope" 

worth $12. Defendant HAOQIAN LIU, aka Tony Liu, aka "Jim," charged defendant 

WARREN SUMAYLO, aka Warren Ng S, $88 for his service. 

g. On or about July, 21, 2011, defendant WARREN SUMAYLO, aka 

Warren Ng S, sent an email to defendant HAOQIAN LIU, aka Tony Liu, aka "Jim," asking him 

to purchase a ZD l-4x22 Tactical K5.56 Meopta riflescope. 

h. On or about July 22, 2011, defendant HAOQIAN LIU, aka Tony Liu, aka 

"Jim," sent an email to defendant WARREN SUMAYLO, aka Warren Ng S, informing him that 

he had purchased the ZD l-4x22 Tactical K5.56 Meopta riflescope with a LaRue Tactical QD 

mount and had sent a bill for $1450 to defendant WARREN SUMAYLO's PayPal account. 

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1. On or about August 1, 2011, in Oregon City, Oregon, defendant 

HAOQIAN LIU, aka Tony Liu, aka "Jim," shipped the ZD l-4x22 Tactical K5.56 Meopta 

riflescope with a LaRue Tactical QD mount to defendant WARREN SUMAYLO, aka Warren 

Ng S, in the Philippines via United States mail and emailed defendant WARREN SUMAYLO, 

aka Warren Ng S, the US Mail tracking number. On the United States Postal Service Customs 

Declaration Note, defendant HAOQIAN LIU, aka Tony Liu, aka "Jim," falsely stated that the 

package contained a "small monocular" worth $4 and was a "gift." Defendant HAOQIAN LIU, 

aka Tony Liu, aka "Jim," charged defendant WARREN SUMA YLO, aka Warren Ng S, an 

additional $45 for his service. 

J. On or about August 15, 2011, defendant WARREN SUMAYLO, aka 

Warren Ng S, purchased via PayPal from a business located in the United States an EOTech 

XPS3-0 holographic weaponsight for $515 and instructed the seller to send it to him at the 

address of defendant HAOQIAN LIU, aka Tony Liu, aka "Jim," in Oregon City, Oregon. 

k. On or about August 19, 2011, in Oregon City, Oregon, defendant 

HAOQIAN LIU, aka Tony Liu, aka "Jim," shipped the EOTech XPS3-0 holographic 

weaponsight to defendant WARREN SUMAYLO, aka Warren Ng S, with two other items in 

the Philippines via United States mail and emailed defendant WARREN SUMA YLO, aka 

Warren Ng S, the US Mail tracking number. On the United States Postal Service Customs 

Declaration Note, defendant HAOQIAN LIU, aka Tony Liu, aka "Jim," falsely stated that the 

package contained a "small monocuJar" worth $5. Defendant HAOQIAN LIU, aka Tony Liu, 

aka "Jim," charged defendant WARREN SUMAYLO, aka Warren Ng S, $90 for his service. 

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COUNT TWO 

On or about July 19, 2011, in Oregon City, within the District of Oregon and elsewhere, 

defendants HAOQIAN LIU, aka Tony Liu, aka "Jim," and WARREN SUMA YLO, aka 

Warren Ng S, knowingly and willfully exported and caused to be exported from the United 

States to the Republic of the Philippines a defense article, that is, an EOTech Model 553 

holographic weaponsight, which was designated as a defense article in section I(f) of the United 

States Munitions List, without having first obtained from the United States Department of State a 

license for such export and written authorization for such export; 

All in violation of Title 22, United States Code, Section 2778(b)(2) and 2778(c); and 

Title 22, Code of Federal Regulations, Sections 121.1, 123.1, and 127.1; and Title 18, United 

States Code, Section 2. 

COUNT THREE 

On or about July 19, 2011, within the District of Oregon, defendant HAOQIAN LIU, 

aka Tony Liu, aka "Jim," did knowingly and willfully make a materially false, fictitious, and 

fraudulent representation to the United States Postal Service, an agency within the jurisdiction of 

the executive branch of the United States, to wit: on Postal Service Form 2976-A-EMI (Customs 

Declaration Dispatch Note), that a package to be mailed by the Post Office contained a "gift" of 

a "small telescope" worth $12, when in truth and in fact, as the defendant then and there well 

knew, the package contained an EOTech Model 553 holographic weaponsight which had been 

purchased by defendant WARREN SUMAYLO, aka Warren Ng S, for substantially more than 

$12; all in violation of Title 18, United States Code, Section 100l(a)(2). 

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COUNT FOUR 

On or about July 19, 2011, within the District of Oregon and elsewhere, defendants 

HAOQIAN LIU, aka Tony Liu, aka "Jim," and WARREN SUMA YLO, aka Warren Ng S, did 

fraudulently and knowingly export and send from the United States merchandise and articles, to 

wit: an EOTech Model 553 holographic weaponsight, contrary to the laws and regulations of the 

United States; all in violation of Title 18, United States Code, Sections 554 and 2. 

COUNT FIVE 

On or about August 1, 2011, in Oregon City, within the District of Oregon and elsewhere, 

defendants HAOQIAN LIU, aka Tony Liu, aka "Jim," and WARREN SUMAYLO, aka 

Warren Ng S, knowingly and willfully exported and caused to be exported from the United 

States to the Republic of the Philippines a ZD l-4x22 Tactical K5.56 Meopta riflescope, which 

was controlled under the Department of Commerce Export Administration Regulations for 

export to the Republic of the Philippines, without having first obtained from the Department of 

Commerce a license for such export and written authorization for such export; 

All in violation of Title 50, United States Code, Section l 705(c); Title 15, Code of 

Federal Regulations, Sections 742.7 and 764.2; Executive Order No. 13222; and Title 18, United 

States Code, Section 2. 

COUNT SIX 

On or about August 1, 2011, within the District of Oregon, defendant HAOQIAN LIU, 

aka Tony Liu, aka "Jim," did knowingly and willfully make a materially false, fictitious, and 

fraudulent representation to the United States Postal Service, an agency within the jurisdiction of 

the executive branch of the United States, to wit: on Postal Service Form 2976-A-EMI (Customs 

Indictment Page 11 
Declaration Dispatch Note), that a package to be mailed by the Post Office contained a "gift" of 

a "small monocular" worth $4, when in truth and in fact, as the defendant then and there well 

knew, the package contained a ZD l-4x22 Tactical K5.56 Meopta riflescope and LaRue Tactical 

QD mount which he had purchased and sold to defendant WARREN SUMAYLO, aka Warren 

Ng S, for substantially more than $4; all in violation of Title 18, United States Code, Section 

100l(a)(2). 

COUNT SEVEN 

On or about August 1, 2011, within the District of Oregon and elsewhere, defendants 

HAOQIAN LIU, aka Tony Liu, aka "Jim," and WARREN SUMA YLO, aka Warren Ng S, did 

fraudulently and knowingly export and send from the United States merchandise and articles, to 

wit: a ZD 1-4x22 Tactical K5.56 Meopta riflescope, contrary to the laws and regulations of the 

United States; all in violation of Title 18, United States Code, Sections 554 and 2. 

COUNT EIGHT 

On or about August 19, 2011, in Oregon City, within the District of Oregon and 

elsewhere, defendants HAOQIAN LIU, aka Tony Liu, aka "Jim," and WARREN SUMAYLO, 

aka Warren Ng S, knowingly and willfully exported and caused to be exported from the United 

States to the Republic of the Philippines an EOTech XPS3 holographic weaponsight, which was 

controlled under the Department of Commerce Export Administration Regulations for export to 

the Republic of the Philippines, without having first obtained from the Department of Commerce 

a license for such export and written authorization for such export; 

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All in violation of Title 50, United States Code, Section 1705( c ); Title 15, Code of 

Federal Regulations, Sections 742.7 and 764.2; Executive Order No. 13222; and Title 18, United 

States Code, Section 2. 

COUNT NINE 

On or about August 19, 2011, within the District of Oregon, defendant HAOQIAN LIU, 

aka Tony Liu, aka "Jim," did knowingly and willfully make a materially false, fictitious, and 

fraudulent representation to the United States Postal Service, an agency within the jurisdiction of 

the executive branch of the United States, to wit: on Postal Service Form 2976-A-EMI (Customs 

Declaration Dispatch Note), that a package to be mailed by the Post Office contained a "gift" of 

a "small monocular" worth $5, when in truth and in fact, as the defendant then and there well 

knew, the package contained an EOTech Model XPS3 holographic weaponsight which had been 

purchased by defendant WARREN SUMAYLO, aka Warren Ng S, for substantially more than 

$5; all in violation of Title 18, United States Code, Section 100l(a)(2). 

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COUNT TEN 

On or about August 19, 2011, within the District of Oregon and elsewhere, defendants 

HAOQIAN LIU, aka Tony Liu, aka "Jim," and WARREN SUMAYLO, aka Warren Ng S, did 

fraudulently and knowingly export and send from the United States merchandise and articles, to 

wit: an EOTech Model XPS3 holographic weaponsight, contrary to the laws and regulations of 

the United States; all in violation of Title 18, United States Code, Sections 554 and 2. 

Dated this )::Zday of July 2014. 

Presented by: 

S. AMANDA MARSHALL, OSB #95347 

United States Attorney 

I . District~ofOregon.· ~·\ 

) t.£f.J/.1();~ 

CHARLES F. GORDER, JR., OSB 1287 

Assistant United States Attorney 

(503) 727-1000 

Indictment 

A TRUE BILL. 

OFFICIATING FOREPERSON 

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