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United States District Court for the Eastern District of New York
March 1, 1993, Decided
92 CR 424
NICKERSON, District Judge:
By order dated December 16, 1992, this court denied without opinion defendant Rajmund Szwonder's motion to dismiss the indictment. He claimed he was immune from this court's jurisdiction under the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602-11. This opinion sets forth the reasons for that order.
The facts so far as relevant to the motion are as follows.
During the period covered by the indictment, Szwonder, a Polish citizen, was a director in charge of production at Lucznik, a corporation wholly owned by the state of Poland. He claims that his actions were performed solely in his capacity as an employee of that government-owned corporation.
According to the government, Szwonder's role in the conspiracy was as follows. In July 1991, he arranged with a British businessman to send three AK-47 assault rifles (AK-47s) produced by Lucznik to the United States, reporting [**2] to the Polish government that they were to be exported to Sri Lanka.
In February 1992, Szwonder contracted with Ronald Hendron, an American arms trader, for Lucznik to sell 40,000 AK-47s to Hendron's company for shipment to the Philippines. In March 1992, Szwonder met with Hendron and United States undercover agents in Germany, who informed Szwonder that the AK-47s were actually destined for Iraq, in violation of United Nations sanctions. The agents also informed Szwonder that Iraq would pay for the arms out of the proceeds from prior arms deals or Iraqi assets hidden before the Gulf War in 1991.
The agents later arrested Szwonder and Hendron in Germany. Szwonder was charged with violations of German law and held pending extradition to the United States.
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813 F. Supp. 973 *; 1993 U.S. Dist. LEXIS 2529 **
UNITED STATES OF AMERICA, Plaintiff, v. RONALD J. HENDRON, JEHMIN LAH, STAN KINMAN, ZBIGNIEW GRABOWSKI, "a/k/a MR. BISCHEK," HEIKO LUIKENGA, RAJMUND SZWONDER, JAN GORECKI, WOJCIECH BARANSKI, JERZY BRZOSTEK, and JERZY NAPIORKOWSKI, Defendants.
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