PAKISTANI IN U.S. SOUGHT TO SHIP A-BOMB TRIGGER

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP90-00965R000402820043-2
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RIPPUB
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K
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4
Document Creation Date: 
December 22, 2016
Document Release Date: 
January 26, 2012
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43
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Publication Date: 
February 25, 1985
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OPEN SOURCE
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STAT _.... 1 l Declassified in Part -Sanitized Copy Approved for Release 2012/01/26 :CIA-RDP90-009658000402820043-2 crating under cover, had been moNtor- ~ his activities since OcEober 1983, when he first placed the order for the devices. When they made the arrest, the Fed- eral offidals involved later recalled, they were convinced that they were dealing with a loreiga agent. A! that time Customs agents seized a. I series of letters directly linking Mr. Void to S. A. Butt, who was identified !,Pakistani in U. S. Sough t Houston. Customs Service agents, op-' Lion Acf it the prosecutors had chosen I ~~ he had made as _ a Pakistani vices whose main function is to trigger court documents and interviews with Justice Department and Customs of- nuclear bombs according to court his lawyers, Federal prosecutors and ficials in Houston, presented later with documents and Federal offidals. ~ offidals in the State Department, Cus- evidence of Mr. Vald's link to Mr. $utt, A Pakistani agent, Nazar Ahmed ~~ Service and Justice Department. aclmowledged that they .had over- If the Federal prosecutors had made rooked the significance of the materials Vaid, a 33-year-old from Lahore, was the link between Mr. Vaid and the Pa- ~ their possession. seized last June by Federal agents kistani Government, Mr. Vaid could Photocopies of at least three :letters while he was trying to smuggle b0 0! the -were f ound yin Mr. Vaid's briefcase on devices. known as Energy AM or the ed under the Atomic ; the day of his arrest. They detailed pur-. krytrona; out of Export Administra- . 1 To Ship ~ -Bomb ?'rid'er 13y SE1tMOUR M. HER9H ' sp~cttl m 'ttw N.w Yort TYmr WASHINGTON, Feb. 24 -The Gov- ernment of Pakistan operated inside ; program are entirely peaceful." ~ Materiels' Significance to the UNted States, denied that Mr. 'the judge declared in court, according ..have done a lot of time in the peniten- Vaid had any of8dal connection to the ~ to the transcript of the proceedings - ti~'? We fully expected that, and I can Pakistani Government. , '; merely a.businessman "trying to expo- still see no reason that it hasn't been done. Istan Atomic Energy Commission. At his sentendng on Oct. Z2, 1984, in ~ .You've sees the case that th ey got here. United States District Court in Hous- You've seen what's " Savoy Denies Aqy Connection ton, the Federal ,prosecutor agreed goth8 on here. Referring rto Mr. Void, he added: Ejaz Azim, Pakistan's Ambassador' with Judge .James DeAnda that Mr. ~ .'There's no reason that he shouldn't Void was not a foreign agent but - as operative in Pakistan's successful at? 9.The original indictmentof Iyir. Void tempts in Europe in the 1970's to obtain was rewritten, at the requestbf his at- the technology and rYSOUrces for the torney, to exclude any mention of the enrichment of uranium and the reproa possible nuclear use of a krytron. . easing o1 plutonium.... QMr. Void finally was permitted to There is no indication, however, that i plea-bargain to a reduced d~arge, cut- theCustoms agents who didthe investi- , ~ his potential sentence from 1Z gation and the Federal prosecutors ~ - ~~~ to two and also avoiding a public who tried Mr. Void ever identified Mr. ' ~; Vaid was found guilty of one Butt or understood that h'Ir. Void's let- i count of violating American export tars provided evidence that he was op- ; law, given the mildest sentence possi- eratiag at the direct behest of the Palo- ble and deported within three weeks. NEW YORK TIMES 25 February, 1985 The account of Mr. Vaid's activities Overlooked by OfficiAls 20-year prison term if the restricted "n"e? gazes vn oenatr yr mr. sun. goods to be exported ccuuld be used to Mr. Vaid's letters made no attempt the national security advantage of a to shield Mr. Butt's title, and they were the Federal prosecutors in HOUSton "'~ r+wmic t.nergy ~ommrssron. agreed with~Mr. Void's attorneys to a Mr'? Vaid, who was interviewed three' series of procedural steps that had the times between his sentendng and his ~ effect -whether intended or not - of, .. deportation, repeatedly asserted that reducing publidty about the case and? he was an innocent Pakistani exporter of limiting the jail sentence Laced by doing business in the United States with Mr. Void. The actions indudedthese: a branch office in Houston. He said, as went for the Government-run Pakistan 4A gag order was approved fiy the ~ he bad told Federal offidals, that hr Atamlc Energy Commission. Mr. Butt Federal judge in the case barring all of had purchased the krytrons for univer- is widely known to American and Euro- the.partidpants from any public com- sity research in Pakistan. meet. No Houston news organization Perhaps to buttress his' aasertians of pear arms-control offidals as the key p~ested the order. - innocence, Mr.. Void _agreed when absolutely nothing to do with this indi-' e~? vidual," Mr. Azim said. "He's a pri? ` vale trader, and that is a1I we know afoul him. He acts and opera?es en- tirely in his individual capadty as a private businessman of Pakistan." The Ambassador, in an interview, also repeated his Government's posi- tion that it "is not engaged in the pro- duction of the nuclear weapon," add- ing, "i'he dimensions of our nuclear "The Government of Pakistan has ~ to what he thought was, a? business State Department oftidals in Wash- ingtoa, while reluctant to be inter- . viewed on the record, conceded that- serious errors had been made at bothi the departments of State and Justice in connection with the case. But they as- serted that the bungling was just that, and nothing more. "I know this has all the makings of a pressed to waive the attorney-client privllege. As.a result, his two immigra- tion attorneys in Houston, Peter Wil- liamson and Spencer Gardner, ex-'; pressing outrage aver the Govern- ment's handling of their dieat's case, took the unusai step of making avail-: able to a reporter the.documeats link-' lag Mr. Void to the Pakistan Atomic Energy Commission. Mr. Williamson adaiowledged that his actions were highly unusual but said in an interview: "Listen, I watrt', Cc,.;ir~~r;~ Declassified in Part -Sanitized Copy Approved for Release 2012/01/26 :CIA-RDP90-009658000402820043-2 Declassified in Part -Sanitized Copy Approved for Release 2012/01/26 :CIA-RDP90-009658000402820043-2 - a. grams i uc, n o ua~c aicya. uuw,~ ~aai~.tat +?~~ ???-. _ "' + -_ "-"~ "-'-? !_ 30CUmenLS, E G& G received 8 tele- said, "but it's really a petty screw-up." oil exploration and high-energy lasers, for example, but their most essential Phone call from Mr. Void, who again Pakistan Has Denied function -and the reason their aver- Sought to place the order. He was told seas sale is carefully licensed and the order would not be filled.untji the Assembling Nuclear Bombs monitored - is to trigger .atomic licensing ~~~ had been met. bombs. The tiny switches are able to , Mr. Void they turned tD a neighbor. Complicating the Vaid case is Palo- deliver a predse amount of electrical Hood electrical supply store in Houston, Stan's position as a redpient of xi.2 bil? cur.trnt in ~ little as one-millionth of a: ~~~? Its owners. Jerry and Don lion in American aid over six years second. timing that is essential to nu- iimon, said in an interview that Mr. ending in 1987. dear explosions. Void appeared in their shop on Oct. 31 Pakistan has said it has not assem- ` and placed the order for the krytron bled any nuclear bombs, although it as ~ All overseas sales of 1Qytrons are ?ubes, describing them only by their knowledges it has the means to do so. ~ ~~Y monitored by 'the Federal !fisting, KN-Z'l, in E G& G's commerdal Tire Reagan Administration has as ~ Government through its licensing catalogue. cepted Pakistan's public statements on Provisions. Each sale is reviewed by Jerry Simon recalled that E G& G of- nuclear capability at face value. Ad- I ~ State Department on a case~by-~ fldals wanted to know over the Lela , ministration officials have said more case basis to insure, offidals said. that ?hone whether the krytrons, which cost i can be accomplished with quiet diplo- the few 1Qytmns sough for commeri- ;total of =3,950, were intended for ex- macy than with public confrontations ~ use are not diverted. A proposed port. Mr. Simon said that he had asked over Pakistan's nudear polides. sale of 50 krytrons would have been ex- yU.? Vaid; who was in the store at the American intelligence offidals ri-~ I ~o~~'~ offidals said, :and pro- tithe, and lied been .told ao. E G& G, vote con at aT s now vided the Government with immediate now acdveJy ~rn~8 with the ~- eno enn um justification for an extensive review. totes Bureau, agreed to ship the order. re rocess u um to man acture ' ?A is not the -only electronic nu ear wen ons, a concern amo switch that can trigger a nudear bomb, Brothers'Co~perate - _ inielli cote ofd an mem ers o but it is described by experts as?highly - . , onaress a ut a case t sophisticated and reliable. With UndercoverA~ents? Pakistan, too ~~ ~ Three tnanths later, undercover Ctts- m sms or nu ear om~s ma -How Case Develo ed ve mov to a new is nu- P _.. _ toms agestt~~ approached. the Simon clear program - sto With Placing of Order . ~ brothers an71 asked !or their'co~opera- Tn~tate epartment o ?cial who! - Lion. r :. was directly involved in the case con- ~ ~ . The Vaid case, which is the sub ject of Over the next few months, ? the ceded that the Pakistani leader, Gen? I a coming PBS documentary, begins on. Simons would meet as many as 12 eral Mohammad Zia W-Haq, would I ~? 18, 1983, in Salem, Mass., site of times with the undercover agents as ~~ inevitably draw the wrong conclusion ; the Eleetro-Optics division of E G~ G, they waited for Mr: Void to claim his fmm the lax handling of Mr. Vail. a Fortune 500 company that. has been shipment of krytroas. Under the export "If the .Administration had any con-' intimately involved in American nu =laws, only when be tried to forward the tern, it was that the case in Texas dear bomb production and Planning krytrons through customs would the would come off the way it did, and we'd ' since the end of World War 1;I.- Government have the legal right to Look weak-kneed;" he said; alluding ta' Mr. Void, dressed in traditional Pa- make an arrest. J monitoring of Pakistaa's~ nuclear pro- kistaai garb, showed up Yn person at Thekrytroas were to be delivered, by gi?a~-n, Salem and, according to,'oourt docu- Mr. Void's instrvctioas, to a Houton In retrospect. he said, there were I meets, Placed an order for 50 krytrons.. P~~'PYing ~P gated by a dis- three arras of failure, not including the' Company offidals were stunned, as tent relative of the Pakistani's whowas failure of the im~estigatora to under- Robert B. Stitt, an E G& G division assodated With ~ export-import cwm- stand the significance of the Void ' manager recalled in _ azl? interview: ~nY' Papers: One part a lack of sophistica- '~ There had nerves been an attempted Tbe delivery took place on April 16, tion in Houston; one part a lack of vigor '. over-the-counter purchase of krytrons. ~~ an ~ereos'~ ~O~ agent, in the State Department, where the in the tom 's histo P~~ as an ~lectrotex employee. case never got high-level attention, and PAY ry' tu=ned over the lQytroas to an aide to one part a poor dedsioat by Justice to . Mr. Void said he had identified him? Mr. Vail. permit a plea bargain."self as being in the Import-export buss- The Houston photocopying shop was A faction in Congress, headed by Hess in Pakistan and in Houston: He es- placed under 2!-hour surveillaaoe, the Senator Alan Cranston of California, Plained, Mr. Stitt said. that he was buy- undercover customs agents said. ' the Democratic minority whip, has ing the krytrons on behalf of a univer- On June 19, Mr. Void arrived in been increasingly critical of Pakistan's sity in Islamabad, Pakistan's capital. Houston on a flight from Pakistan, and reported efforts t0 become a nuclear When company offidals explained ~'o days later he notified the freight- `power, that an export license would be needed. forwarding compatry that he used; Air ' for the legal shipment ofk;ytmns,~Mr. ~P~ International at Houston's In- Vaid asked that E G& G take care of it, ternational Airport, that he would be De~~ices Manufactured ~, Stitt said. The company informed exporttnggOOdStOPaktstanonJune2Z. B Onl One Coal an the Federal Bureau of Investigation in The shipment's bill of lading said the, Y Y P Y ' shipment contained office goods, ~ii% Washington about' the pending pur- ' onky Rnytroas are manufactured by an1Y chase and it in turn brought in the Cus- ' eluding what Mr. Void describec# one company in the bvorld, E G& G toms Bureau, which has jurisdiction in ; as "50 bulbs/switdies." Inc., of Wellesley, .Mass., a leading illegal foreign commerce.. The final step was routi~ A driver military contractor. and cannot be ex? -- ~ for Air Express International picked Ported without State Department up the package at the,photocopy shop, licensing. sealed for forwarding through cass- toms, and delivered it to the airport. Customs agents seized it there and found the krytrons. Mr. Void was ar- rested and charged, along with two as- sociates in the photocopying shop, with ' ~ illegal export, conspiracy and false ' statements. . Declassified in Part -Sanitized Copy Approved for Release 2012/01/26 :CIA-RDP90-009658000402820043-2 Declassified in Part -Sanitized Copy Approved for Release 2012/01/26 :CIA-RDP90-009658000402820043-2 3 Officials Convinced - ' He Was Pakistani Agent ,- The Government prosecutors said they were convinced ',that they -were dealing with a Pakistani agent. At a court hearing' on June 28 to determine Mr. Void's bond, Assistant United States Attorney Samuel G. Lon- goria, an experienced prosecutor who was assigned the case, fold a Federa~ magistrate that the krytrons had a di- rect use in nuclear munitions. And he added, according to a tran- ~~ script: "We strongly suspect that Mr.. Void is operating at the instance of'the ~ Pakistani Government and that the ~' purpose of the export Of these krytrons. ? lure and direction of Pakistan's nu- + correspondence between,Mr. Void and to ex reco ,. ~ ~ Col. Umar Din Dar who was identified munications Inc., the compatry that clear Prt~Q-? . I had transmitted Mr. Void's reports to On July 16, 19$4, a Federal, grand ~ ~ ~ senior eaecuUve officer of the , ~,. Butt a~ Colonel Dar, showing that jury in Houston indicted Mr. Void and ~ PakistanAtomic Energy Commission. ?, Mr. Void had lmowingiy, violated the his two assodates from the plwtocopy- The letters did not deal with the kry- export laws and giving direct evidence ins company -charges against. those .trop sale but showed that Mr. Void had that Mr. Void had purchased the ltry- two roan were later dropped -for cock `been ~~~ a member of i;hemi= ttnns ~ behalf of the Pakistan Atomic cnirino to e1,in thn krvtmnc mithntt A N- ~~cals, the sale of which is not regulated, EIIergy Commission. "They're all important cases that we work down here. It's a felo~+ case, but the.evidence was not thereto support a theory, which I? personauy l;'spoused early on, that this person vas a spy or an agent of the Pakistani Government. That evidence simply was not there." i The prosecutors said they had con- ! ducted their negotiations with Mr. Burge, Mr. Void's attorney, without being aware of the evidence directly linking Mr. Void to the Pakistani Gov- ernment. Ia fact, the Government obtained the letters linking Mr. Void to Pakistani nuclear officials on June ZZ, the day of his arrest. ~ . Customs agents had sailed Sles. and documents in his possession and, hours John L. Martin, chief of the internal ~ 'ty section, said through a Justic ent spokesman: "There was no evidence to think that this was a big spy case. You're chasing a leprechaun, . not a big spy." A State Department'official directly. involved in the Vaid case conceded in . retrospect that the Department had hero too bias about the case. "The case was handled by Houston and treated as a nickel-and~iime case i all along." he said. There was State Department con- cern over the last-minute decision by 1VIr. Longoria to agree to a plea bar- ~' thus avoiding a public trial, the ' later, ar?~ed with a search warrant, ernment's use in obtaining a nuclear ~ official said. But no formal State De- weapon." _ +had taken a large assortment of hose- partment protest was filed: -^ , Mr.. Longoria. added: "The allega- . ness records ,and documents from the ~ 'That issue arose in mid~eptember, lions in this complaint are not simply ~,ho V ~~ed were letters be. ~ i three months after Mr. Void's arrest technical violations of United States and on the eve of his trial, when the export laws. The Department rt State ~~'~ Mr. Void and 1VIr. Butt. dating ;Government successfully subpoenaed has serious concern regarding the na- back to December 1963. There also was . 1 ~ from RCA Gldbal Com- """' ~" " "` .: '"`"' ' mission. -- Mr. Longoria, the United States At- trons as able to be used as part of a filing set for a nudear explosive. de- ~ ~ ~~ torney, .and his associates in Houston Agent Sought ,Buzzwords said they considered the telexes to be vice." , Over the neat weeks,,,as 1Kr. Void's !But Found None-' ffie "smoktmg gun" m the case' since it criminal attorney William w Burge . j firmlyestablisbed an intent to break leaded who had Void law b Mr th prosecutors?dropped their .reference both to nuclear bombs and to 1VIr. ' Void's possible role as an agent of the Pakistani C,overnment. . Mr. Burge. interviewed about ',the case after Mr. Void's deportation, con- ceded that he was surprised at how . readily the prosecttors agreed to a re= writing of the indictment and to a gag , order. He conducted, he said, that the , Justice Department "went along be- . cause we are friendly with Pakistan." He added, "The case, apparently,- was embarrassing to the Government of Pakistan, and they didn't want any more publicity than. was necessary." But Mr. I.ortgoria, interviewed at the united states Attorney's office after , Mr. Void's senteadng, said the Gov. ernmeat had not compromised its pose- ', lion in the_case by acceding to the,gag order or by dropping any reference to nuclear munitions, since those isstres . i were not involved in thg prosecution. He aclmowledged that he had de-' scribed the case in late Juae at the bond hearing as more important than just a routine export violation, but be added: , s o - the active in the case, the Federal-,i srble for assessors ocumen ~Y rained from Mr. Void and the photo- p , y . e one of three lawyers the Pakistani had ! -The Customs agent who was respoo- became increas- -, not qty' - - retained in Houston b d i copy shop said she read them "looking for buzzwords" a~ found nothing: The. agent, who worked under cover in the investigation and agreed to be in- terviewed only ii not iaeatdied, said that the names of Mr: Butt and Colonel Dar and others found in the cnt~? spndence between Mr. Void and the Pakistan Atomic Energy Commission d been routinely processed through the Treasury Department's law en- forcement computer. - "They came up negative,.. the agent :said. "There was ~ record." In subsequent interviews, Gary Waugh and Rafael Lopez. senior offi- cials of the strategic imestigatians division of the Ltistoms Bureau in Washington, confirmed that there was m record of Mr. Butt,.1VI~. Void, or Colonel Dar in theirs computer files. Justice Department offidals is Washington similarly explained 'that they had no information linking Mr. Void to the Pakistani Government at the time the United States Attorney's office in Houston was authorized to pro- teed with a plea bargain in the case. `We Did Not,Know Who Those People Were' . The telexes, which were addres.4ed to Mr. Butt and Colonel Dar. were even further evidence of a link between Mr. ~ Void and the Pakistan Atomic l~ergy Commission, but no one in Houston, Federal officials later said, tmderstood that the two Mien were officials of the Pa W ~d ngot know who those people were," Mr. Longoria later told a re? porter. - He added: "We did not knave that Dar or Butt were offidals with nuclear bombs in Pakistan. we .didn't )moW who they were." ~ Asked whether the Government had had all of the evidence it needed to des i cover Mr. Void's official link to the Pakistan Atomic Energy Commission, Mr. Longoria said: "That's right. we had the telexes. If we had known who Butt and Dar were,-would have been in a position to prove that. But we didn't know and didn't find out until ~ came into this room 20 minutes ~ ago." Cc~- ~;~~=ed Declassified in Part -Sanitized Copy Approved for Release 2012/01/26 :CIA-RDP90-009658000402820043-2 Declassified in Part -Sanitized Copy Approved for Release 2012/01/26 :CIA-RDP90-009658000402820043-2 ' Mr. Void. once confronted by t. Federal proeecutocs with the telexes, realized that he had no chance to win a ~ jury trial, acxording to his attorneys. At that point, he sought alast-minute bargain to avoid trial in which he would plead guilty to one count, the lawyers ' said. -He understood. according to his attorneys, that his plea meant that he would be automatically deported from the United States as a convicted felon. The plea bargain was agreed upon and was accepted by Judge DeAnda. who was assigned to the case. At the sentendng in October, the judge announced. according to the transcript. that he was "left with the impression that this man was not act- ing _ in any- capadty as as .enemy agent " He continued: "He apparently had no malidous intent beyondtrying m ex- pedite what he thought was a business deal and trying to accommodate a cars- tomer.and in so doing made a false re- port. He did all the things the C~overa- meat charges, but 'there's nottung in the evidence aggravating beyond that." Judge DeMda then sentenced IYIr. Void to two years in prison for violating the export law but suspended the jail. term to time served in jail,while await- ing trial. Ivir. Void was Aso placed on unsupervised probation for Sve years. IVIr. Longoria argued briefly for a stiffer sentence but ultimately agreed with the judge that "we never claimed 'Mr. Void was an enemy of the camtry nor Pakistan was an enemy, far from 'rt," according to the trarracrlpt.. The case ended. I1lir. Void was de- ported an Nov. 10 without incident. Declassified in Part -Sanitized Copy Approved for Release 2012/01/26 :CIA-RDP90-009658000402820043-2