settlement agreement - front page · settlement agreement this settlemen agreement (thte...

S E T T L E M E N T A G R E E M E N T

This settlement agreement (the "Agreemenf) is made by and between the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"), Online Micro, L L C , and Mr. Massoud Habibion, a managing member and an owner of Online Micro, LLC (collectively, the "Respondents").

Between approximately November 2009 and December 2010, Respondents exported computer-related goods from the United States to Iran through another company located in Dubai, United Arab Emirates ("UAE") in apparent violation ofthe Iranian Transactions Regulations, 31 C.F.R. part 560 (the "ITR"). Illustrative examples of such exports where Respondents appear to have violated § 560.204 of the ITR include, but are not limited to, the following three examples set forth in the signed Statement of Offense in the criminal case United States v. Ordine Micro, LLC, et a l . Case No. CR-11-118 (ESH) (Attachment A):

a) on or about November 9, 2009, Respondents exported 116 units of computer-related goods from the United States to Iran, through the UAE, valued at approximately $129,699;

b) on or about April 10, 2010, Respondents exported 180 units of computer-related goods from the United States to Iran, through the UAE, valued at approximately $166,335; and

c) on or about May 15, 2010, Respondents exported 391 units of computer-related goods from the United States to Iran, through the UAE, valued at approximately $231,160.

A l l ofthe exports by Respondents of computer-related goods from the United States to Iran, through another company located in Dubai, UAE, during the period between approximately November 2009 and December 2010, including the aforementioned examples, are collectively referred to as the "Apparent Violations."

OFAC and Respondents agree as follows:

1. In consideration of the undertakings of Respondents in pai"agraph 2 below, OFAC agrees to release and forever discharge Respondents, without any finding of fault, from any and all civil liability in connection with the Apparent Violations arising under the legal authorities that OFAC administers.

2. In consideration of the undertakings o fOFAC in paragraph 1 above, Respondents agree:

A. To a complete settlement with OFAC of the Apparent Violations in the amount of $1,054,388. Respondents' obligation to pay such settlement amount has been satisfied by Respondents' acceptance of responsibility for the Apparent Violations by having entered a guilty plea and agreement to the forfeiture of a money judgment in the amount of $1,899,964, including submission to forfeiture of certain assets related to the pattem of conduct that gave rise to the Apparent Violations, pursuant to the criminal plea agreement that Respondents are entering into with the U.S. Department of Justice, U.S. Attorney's Office for the District of Columbia (Attachment B), and by having entered

Settlement Agreements with thc Department ofCommerce, Bureau of Industry and Security ("BIS") (Attachments C and D), concurrent with this settlement.

B. To waive any claim by or on behalf of Respondents, whether asserted or unasserted, against OFAC, the U.S. Department ofthe Treasury, and/or its officials and employees arising out of the facts giving rise to the enforcement matter that resulted in this Agreement, including but not limited to OFAC's investigation of the Apparent Violations, and any possible legal objection to this Agreement at any future date.

This Agreement has no bearing on any past, present, or future OFAC actions, including the imposition of civil penalties, with respect to any activities by Respondents other than those set forth as the Apparent Violations.

OFAC may, in its sole discretion, issue a public statement about the facts ofthis Agreement, on its Web site or otherwise, including the identity of any entity involved, the settlement amount, and a brief description of the Apparent Violations.

This Agreement consists of three pages and Attachments A, B, C, and D, and expresses the complete understanding ofOFAC and Respondents regarding resolution of OFAC's civil penalty matter involving the Apparent Violations. No other agreements, oral or written, exist between OFAC and Respondents regarding resolution of this matter.

This Agreement shall inure to the benefit of and be binding on each party, as well as its respective successors or assigns.

Respondents accept the terms ofthis Settlement Agreement this t h day of February, 2012.

Massoud Habibion

Signature of Online Micro, LLC's Duly Authorized Representative

Name of Online Micro, LLC's Duly Authorized Representative

Printed Title of Online Micro, LLC's Duly Authorized Representative

Date: f^i^^^'

11

Barbara C. Hammerle Acting Director Office ofForeign Assets Control

RESOLUTION OF THE MEMBERS OF ONLINE MICRO, LLC

February 13,2012

The undersigned Members of Online Micro, LLC adopt the following resolution:

WHEREAS, the Office ofForeign Assets Control of the U.S. Department of the Treasury ("OFAC") has reason to believe that Online Micro, LLC of Costa Mesa, CA ("the Company"), faas expoited computer-related goods from the United States to Iran through another company located in Dubai, United Arab Emirates in apparent violation of Iranian Transactions Regulations, 31 C.F.R. part 560.

NOW, THEREFORE, BE IT:

RESOLVED, that the Company hereby authorizes Matt Habibion, a Member of the Company, to enter into a Settlement Agreement ('̂ Agreement") between OFAC and the Company concerning specific violations described in the Agreement; and

FURTHER RESOLVED, lhat Matt Habibion is further directed and authorized to take such other actions as he may detennine may be necessary and/or appropriate to enter into the Agreement or to protect the interests of the Company or as may otherwise be required; and

FURTHER RESOLVED, that Matt Habibion or any other Member ofthe Company is hereby authorized and directed to take all actions and deliver any agreements, certificates, and documents and instruments with respect to or contemplated by the Agreement, and matters set forth above, including the payment of all amounts of fees, cosls, and other expenses necessary or appropriale to effectuate tiie purpose and intent ofthe foregoing resolutions and implement the settlements contemplated hereby.

IN WITNFISS THEREOF, the undersigned Members have executed this resolution.

Matt Habibion

Fred Ladjavaf

'Max Moiamedian

!,IBW/ISI471SJ

ATTACHMENT A

Case 1:11-cr-00118-ESH Document 75 Filed 02/16/12 Page 1 of 20

ATTACHMENT B

ATTACHMENT C

ATTACHMENT D

settlement agreement - front page · settlement agreement this settlemen agreement (thte...

Documents