Case Law Database

Counterfeiting

Drug offences

Offences

• Distribution/ delivery/ dispatch/ transport
• Importation/ exportation

Substances Involved

• Cocaine
• Methamphetamine

Participation in an organized criminal group

Offences

• Agreement to commit a serious crime (conspiracy)

Trafficking in firearms

Offences

• Illicit trafficking

Operations “Smoking Dragon” and “Royal Charm”

Fact Summary

The description of the crime

Operations Smoking Dragon (in Los Angeles) and Royal Charm (in New Jersey) led to the indictment of 87 individuals from China, Taiwan, Canada, and the U.S. The investigations uncovered and dismantled an international smuggling ring that could have threatened the country’s national security. The smugglers conspired to smuggle massive quantities of counterfeit money, weapons, drugs, cigarettes and other contraband into the United States.

Charges against the subjects included smuggling real and phony drugs and other contraband into the U.S. along with counterfeit $100 bills—believed to have been produced in North Korea—that were so nearly perfect and so much more sophisticated than typical counterfeit currency they were dubbed “Supernotes.” The conspirators also offered to smuggle a variety of Chinese military-grade weapons.

Commentary and Significant Features

Smoking Dragon and Royal Charm dismantled a massive international smuggling ring. The investigation and prosecution revealed that Asian OC groups (like all others around the world) are adept at finding and developing illicit money-making ventures and will stop at nearly nothing to make a profit. The crimes threatened financial and national security. More than $4.5 million in counterfeit US currency (“Supernotes”) were seized during one portion of the investigation. Chen’s conviction was the first in the US under a 2004 anti-terrorism statute that outlaws the importation of missile systems designed to destroy aircraft.

The undercover operations which occurred simultaneously on both U.S. coasts were integral to the success of this organized crime investigation and prosecution. In this instance, it was the only effective means to infiltrating the criminal conspiracy and identifying a broad array of culpable parties.

Cross-Cutting Issues

Offending

Details

• involved an organized criminal group (Article 2(a) CTOC)
• occurred across one (or more) international borders (transnationally)

Involved Countries

United States of America

Investigation Procedure

Confiscation and Seizure

Comments

Between Smoking Dragon and Royal Charm, some $4.5 million in counterfeit currency was seized, along with more than $40 million worth of counterfeit cigarettes, drugs, and other real and phony items. The smugglers were also forced to forfeit a total of $24 million in cash, along with real estate, cars, and jewelry. Some were also ordered to pay restitution to the legitimate cigarette producers.

 

Special investigative techniques

• Undercover operation(s)/ Assumed identities/ Infiltration
• Electronic or other forms of surveillance
• Controlled delivery

Comments

This was a long term investigation which involved many law enforcement agencies on both coasts of the United States. The investigation and prosecution revealed a massive international smuggling operation.

Investigative measures and methods
The eight-year investigation began when FBI undercover agents, posing as underworld criminals, helped make sure that shipping containers full of counterfeit cigarettes made it past U.S. Customs officers undetected. Over time, as undercover agents won the smugglers’ trust, they were asked to facilitate other illegal shipments such as narcotics and millions of dollars in Supernotes. Later, the smugglers offered a variety of Chinese military-grade weapons, including the QW-2 surface-to-air missiles. During the course of both Operations, the defendants also smuggled billions of counterfeit cigarettes worth more than $40 million, with an additional $9 million in potential lost taxes.
Some of the drugs—including methamphetamine and fake Viagra—were hidden in large cardboard boxes with false bottoms that contained toys. The Supernotes were placed between the pages of books or lined in large bolts of rolled-up fabric. All of the items were smuggled into the U.S. in 40-foot shipping containers.
Operations Smoking Dragon and Royal Charm were investigations run by the Federal Bureau of Investigation, which received substantial assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives and U.S. Immigration and Customs Enforcement, the United States Secret Service and many local law enforcement agencies.

 

Procedural Information

Legal System:
Common Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
Accused were tried:
separately (parallel trials)
 
 
Proceeding #1:
  • Stage:
    first trial
  • Description

    Most of the subjects pleaded guilty and were sentenced to lengthy terms. Several went to trial, where mounds of evidence were presented to the Court. Yi Qing Chen, for example, went to trial October 2010 and was convicted by a federal jury five felony counts—conspiracy to distribute methamphetamine and cocaine, distribution of cocaine, trafficking in counterfeit cigarettes (approximately 800,000 cases of cigarettes), trafficking in contraband cigarettes, and conspiracy to import missile systems designed to destroy aircraft.

    The United States also pursued criminal forfeiture as part of this prosecution. Between Smoking Dragon and Royal Charm, some $4.5 million in counterfeit currency was seized, along with more than $40 million worth of counterfeit cigarettes, drugs, and other real and phony items. The smugglers were also forced to forfeit a total of $24 million in cash, along with real estate, cars, and jewelry. Some were also ordered to pay restitution to the legitimate cigarette producers.

    When he was in Court in May 2011, Chen was sentenced to 25 years in federal prison. He was also ordered pay $520,000 to Philip Morris for the counterfeit cigarettes he smuggled into the United States.

     

    Defendants / Respondents in the first instance

    Number of other accused:
    85
    Defendant:
    Yi Qing Chen
    Gender:
    Male
    Defendant:
    Chao Tung Wu
    Gender:
    Male

    Charges / Claims / Decisions

    Defendant:
    Yi Qing Chen
    Charge:

    conspiracy to distribute methamphetamine and cocaine

    Charge details:

    conspiracy to distribute methamphetamine and cocaine

    Verdict:
    Guilty
    Charge:
    distribution of cocaine
    Charge details:

    distribution of cocaine

    Verdict:
    Guilty
    Charge:
    trafficking in counterfeit cigarettes
    Charge details:

    trafficking in counterfeit cigarettes

    Verdict:
    Guilty
    Charge details:

    trafficking in contraband cigarettes

    Verdict:
    Guilty
    Charge details:

    conspiracy to import missile systems designed to destroy aircraft

    Verdict:
    Guilty
    Term of Imprisonment:
    25 years
    Fine / Payment to State:
    520000  USD 
    Defendant:
    Chao Tung Wu