Ex-employee testifies she sent photographs to Chinese company

FLORENCE - A former employee of a Huntsville defense contractor on trial for illegally exporting military technology testified Wednesday that he instructed her to e-mail technical drawings of a helicopter part to Chinese manufacturers in 2003.

Elizabeth Lemay, of Athens, testifying for the prosecution in the federal trial of Alexander Noorendin Latifi, said she sent drawings and photographs of a bifilar weight assembly for a UH-60 Blackhawk helicopter to numerous manufacturers seeking bids for producing the devices that serve on counterbalances for the aircraft's rotor blades. Two of the responses to the requests came from manufacturers based in China.

Latifi, 59, is president of Huntsville-based Axion Corp.

When assistant U.S. Attorney David Estes asked Lemay when she realized the companies were in China, she replied, "Mr. Latifi said they were in China."

Prosecutors contend Latifi violated federal law by sending the technical drawings to the overseas manufacturers without first obtaining a required license and authorization from the State Department.

Latifi is also accused of submitting false test reports to the government for a shock absorber used on a tank retrieval vehicle that his company was to produce for the military. He is also accused of fraudulently representing to Army officials that a part used in connection with a military contract was produced by a different company than the one that actually manufactured the part.

The nonjury trial in U.S. District Court in Florence began Monday and is expected to last for much of this week.

During questioning by Estes, Lemay said she was fired from Latifi's company for forging his name on checks she made payable to herself. Lemay testified she pleaded guilty to forgery and was sentenced to three years in prison, but the sentence was suspended and she was placed on four years supervised

probation.

Defense attorney Henry Fuhsin, of Birmingham, grilled Lemay during his cross examination and asked if she provided false information to federal investigators about Latifi in an effort to avoid going to prison.

When Fuhsin asked Lemay if she told the investigators who arrested her, "you better check with the FBI before you arrest me because this is bigger than it seems," she replied she could not recall.

Lemay replied frequently, "I cannot recall," during questioning by Fuhsin.

At one point in the cross examination, U.S. District Judge Inge Johnson interrupted Lemay's testimony to tell her, "I want to make sure you understand you're under oath and on probation."

When Fuhsin asked Lemay if she ever questioned Latifi about the legality of sending the technical drawings to Chinese manufacturers before alerting investigators the transaction possibly violated federal law, she replied, "No I didn't."

The trial resumes today with continued questioning of Lemay. Before dismissing court for the evening, Johnson warned Lemay not to discuss her testimony with anyone overnight, including attorneys and investigators.

The start of Wednesday's testimony was delayed until 1 p.m. as court officials investigated how a pair of handcuffs were placed in Latifi's chair at the defense table overnight. A court official said the investigation revealed the handcuffs were inadvertently placed in the chair.

If convicted of all counts, Latifi could face up to 30 years in prison and $1.75 million in fines.

Dennis Sherer can be reached at 740-5746 or dennis.sherer@timesdaily.com.