Businessman skirted permits needed to send gauges to Iran for possible nuclear use, judge rules
A Toronto exporter has become the first Canadian convicted under the United Nations Act with trying to illegally send gauges to Iran that could be used in its nuclear program.
“Mr. (Mahmoud) Yadegari was not a sophisticated export-import operator. However for three years this was his business. Anyone in this business would know … the acts and regulations,” Justice Cathy Mocha said Tuesday.
The provincial court judge convicted the 36-year-old Iranian-born immigrant of nine of 10 counts with which he was charged.
She found he contravened the Criminal Code, Customs Act, the Export and Import Permits Act and, for the first time in Canada, non-proliferation provisions in the United Nations Act and the Nuclear Safety and Control Act.
In March 2009 he tried to export to Iran via Dubai two of 10 pressure transducers he purchased for a total of $11,645 from Setra Systems Inc. of Massachusetts, she found.
The instruments, which convert pressure measurements into electrical signals for computers, have benign commercial uses but can be used in the enrichment of uranium for nuclear weapons.
Yadegari operated his one-man export business from his North York bungalow before RCMP officers arrested him in April 2009.
He showed no reaction as the judge read her lengthy decision.
She found that he corresponded frequently by email with his contact in Iran, Nima Tabari, seeking guidance and clarification on how to deal with North American suppliers, who were asking pointed questions about the end use of the transducers.
Frank Addario, Yadegari’s lawyer, said outside court that his client is disappointed in the ruling.
“The evidence is pretty clear that he was a bit player in whatever operation was taking place,” he said. It may well be that the transducers were destined for legitimate purposes, he added.
Federal prosecutor Bradley Reitz told reporters that Yadegari could have legally shipped the devices to Iran but that he did not apply for the three required permits.
“I think it’s a strong warning to exporters that it’s important to know these rules,” Reitz said.
Yadegari, who has been in custody since his arrest 14 months ago, returns to court July 29 for sentencing. The maximum penalty he faces under the U.N. act is five years.
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