Kelley Gets 18 Months for Night Vision Export Scheme

BALTIMORE, MD – David Kelley, 46, of Richmond, Texas, is trading visitor’s rights for cell blocks after being sentenced to 18 months in prison today for a brazen scheme to illegally export night vision devices to a global network of buyers. U.S. District Judge Ellen L. Hollander also slapped Kelley with three years of supervised release following his incarceration.

The case, spearheaded by United States Attorney for the District of Maryland Rod J. Rosenstein and ICE Homeland Security Investigations (HSI) Special Agent in Charge William Winter, peeled back the layers of Kelley’s operation, “Optical Solutions and More.” The business, primarily run through eBay, wasn’t selling harmless gadgets. It was peddling military-grade night vision and related equipment, knowingly skirting U.S. export laws.

Kelley wasn’t some clueless entrepreneur. Court documents reveal he signed distributor agreements acknowledging the International Traffic in Arms Regulations (ITAR), the rules designed to keep sensitive military tech out of the wrong hands. He knew exporting Generation 2 and newer night vision devices required a license – a license he deliberately avoided obtaining. Between May 2011 and February 2012, Kelley allegedly shipped around 60 packages containing restricted items to 24 countries, including Russia, Argentina, and the Philippines.

To cover his tracks, Kelley resorted to pathetic attempts at deception. Shipments weren’t labeled as what they were – high-powered night vision – but as “toys,” “toy blocks,” “spotting scope,” and “monocular parts.” The ruse didn’t last. The scheme netted Kelley over $140,000 in 150 separate PayPal transactions, but it also caught the attention of HSI agents. In September 2011, an undercover agent posing as a New Zealand buyer contacted Kelley, specifically requesting an ATN Generation 4 Monocular Night Vision Device. Kelley didn’t deny the illegality; he demanded extra money for the risk of prosecution.

And he followed through. On October 24, 2011, Kelley shipped the device to New Zealand without the required State Department license. It was a blatant disregard for the law, and it sealed his fate. The device, classified as a defense article on the U.S. munitions list, was just one piece of evidence in a case built on Kelley’s own admissions and actions.

Rosenstein praised the work of ICE Baltimore and specifically thanked Assistant U.S. Attorney Adam K. Ake for successfully prosecuting the case. Kelley’s sentence serves as a grim reminder: attempting to profit from illegal arms exports will land you behind bars. The Grimy Times will continue to follow this case and report on those who attempt to undermine national security for personal gain.

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