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U.S. tech execs smuggled Nvidia chips to China, prosecutors say

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Why This Matters

This case highlights ongoing concerns about the illegal transfer of advanced U.S. technology to China, which poses national security risks and challenges for tech companies to comply with export controls. It underscores the importance of strict enforcement of export laws to prevent unauthorized access to sensitive AI and server hardware. For consumers and the industry, it signals increased scrutiny and potential disruptions in the supply chain of high-tech components.

Key Takeaways

The U.S. Attorney's Office for the Southern District of New York has charged associates of an unidentified U.S. server maker with illegally diverting billions of dollars in Nvidia -powered servers to China.

The U.S. government has been trying to figure out how high-powered chips have reached China without authorization, as American artificial intelligence companies such as Anthropic and OpenAI face challenges from DeepSeek and other Chinese rivals.

In an indictment unsealed on Thursday, the U.S. government alleged that Yih-Shyan "Wally" Liaw, Ruei-Tsan "Steven" Chang and Ting-Wei "Willy" Sun worked together to violate the Export Control Reform Act.

The server company's products containing Nvidia chips "are subject to strict U.S. export controls barring their sale to China without a license," the plaintiff said in the indictment. "Those controls are in place to protect U.S. national security and foreign policy interests, among other things."

Liaw is a co-founder of server maker Super Micro Computer and a member of its board of directors. He controls $464 million worth of Super Micro shares, according to FactSet. He did not respond to a request for comment.

Shares of Super Micro fell 12% in extended trading after a federal court released the indictment.

Super Micro said that while the company isn't named as a defendant, Liaw works as senior vice president of business development, while Chang is a sales manager in Taiwan and Sun is a contractor.

"Supermicro has placed the two employees on administrative leave and terminated its relationship with the contractor, effective immediately," according to a statement. The company said that the behavior in the indictment goes against its policies and that it's committed to following export control rules.

A Southeast Asian company, acting as a middleman, compiled fake paperwork to appear as if it would be using the servers and had a separate logistics firm repackage the servers to conceal them before going to China, according to the indictment.

The defendants tried to fool the server maker's compliance team with "dummy" servers at the Southeast Asian company's storage facilities, while the real servers had already been forwarded to China, and pressured the compliance team into approving shipments, according to the indictment.

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