A 22-year-old Miami Beach man whose company had a contract to supply the U.S. military with ammunition for forces in Afghanistan has been charged along with three others with providing prohibited Chinese-made ammunition and saying it came from Albania.
Efraim Diveroli and two others charged in the case made their first appearance Friday afternoon in federal court in Miami. A fourth man was being charged in Utah.
Diveroli's company, AEY Inc., was paid more than $10 million for 35 shipments of ammunition that prosecutors say was manufactured in China.
Prosecutors contend AEY Inc. removed markings from containers to hide the fact they were manufactured in China. In each instance, Diveroli certified that the ammunition was manufactured in Albania and submitted an invoice for it, they said.
Diveroli's company was given a $298 million contract by the U.S. Army in 2007 to provide several types of ammunition. It was not clear how much of that contract had been paid, but the first shipment of ammunition listed in court documents was from June 2007.
The Army told Diveroli in March that his Miami Beach company was suspended from government contract work pending the outcome of a criminal investigation.
At a news conference, U.S. Attorney R. Alexander Acosta said that quality control is one reason the government wants to know the manufacturer and origin of ammunition.
He said Diveroli's company "intentionally cut corners" and that it was "risking the lives of our troops and allies." He also said that the ammunition was "old" but did not say when it was manufactured. He said the defendants could face more than ten years in prison if convicted.
Diveroli's attorney, Howard Srebnick, said in an e-mail that the government has "misconstrued" the law his client is accused of breaking. He said the government knew Diveroli bought the ammunition from the Albanian government and that it was made in China before a munitions embargo.
Charged along with Diveroli in Miami were David Packouz, director and vice president of AEY Inc. and Alexander Podrizki, an associate who was stationed in Tirana, Albania. Diveroli and the two others who appeared in court in Miami were all expected to post bond.
The fourth man, Ralph G. Merrill, of Bountiful, Utah, provided financial and managerial assistance to the company, prosecutors said. Merrill's attorney, Peter Stirba, said "these are serious charges and we are taking them very seriously."
Merrill, 65, was set to make a court appearance in Miami next week.
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Associated Press reporter Jennifer Dobner contributed to this report from Salt Lake City.
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