A federal judge in Baltimore yesterday brushed aside prosecutors' calls to impose a hefty prison sentence on an Indonesian arms dealer who attempted to send almost $1 million worth of American military-class weapons to a Sri Lankan rebel group.
U.S. District Judge Catherine C. Blake instead imposed a prison term of slightly more than three years for Haji Subandi, describing the recommended guidelines calculated for the case - a prison term between 46 and 57 months - as "somewhat higher than necessary."
Prosecutors had asked for a prison term at the high end of the guidelines, calling Subandi a principal figure in the arms conspiracy. Blake disagreed, finding that he played a minor role, compared with his co-defendants.
During the two-hour sentencing, two contrasting portraits emerged of Subandi, who found himself involved in an elaborate sting operation last year designed by federal agents in Maryland.
Subandi, who had an initial role in the negotiations over the restricted weapons, but bailed out early over a money dispute, was still "without conscience," in the words of Assistant U.S. Attorney James Warwick. He pleaded guilty in March.
As part of the sting operation, Subandi tried to acquire restricted night-vision goggles to sell to the Indonesian army, as well as machine guns and other American military weapons to offer to the Tamil Tigers in Sri Lanka, court papers show.
He even inquired about obtaining helicopters to sell to the Iranian air force, according to Warwick.
But, according to Subandi's lawyer, the 70-year-old Indonesian national was an arms broker by happenstance, trying to cash in on a first-time deal without success. The Tamil Tigers, he added, were not the terroristic equivalent of al-Qaida.
"He is a deeply honorable man," assistant federal public defender Joseph Evans said.
Customs agents have said that combating the illegal export of military technology is among the highest priorities of U.S. Immigration and Customs Enforcement. Prosecutors in New York announced charges last week against two men who are accused of trying to smuggle military equipment out of the United States to Taiwan. The shipment reportedly was to have included infrared laser aiming devices and thermal weapons sights.
