Accused spy could be out of jail by next week
Lawyers say he’ll be out of jail next week A Santa Monica man accused of spying for the North Korean government was granted bail on Friday.
John Joungwang Yai, 59, must now come up with $400,000 to be released from custody. His lawyers said he will be out by early next week.
“It’s a good day for justice,” said Michael Nasatir, one of Yai’s two attorneys. “Now we can concentrate on proving his innocence. And we’re going to prove his innocence.”
“It’s a good day for justice. Now we can concentrate on proving his innocence. And we’re going to prove his innocence.” — - MICHAEL NASATIR Attorney for John Yai
A pre-trial conference is scheduled for May 2, but attorneys said it will be the end of summer before Yai’s case goes to trial.
Dressed in a prison-issued green jacket and bound by wrist and ankle cuffs, Yai listened to the proceedings through a Korean translator.
After the ruling, Yai turned and smiled at his wife, daughter and son, who watched from the front of the courtroom.
Yai, who until recently owned the snack shop Bon Appetit on the 1800 block of Wilshire Boulevard, will use his sister-in-law’s house and his Santa Monica condominium as collateral for a $400,000 bond, his lawyers said. Additionally, he may have to liquidate a retirement fund estimated at $100,000.
Yai was arrested Feb. 4 at his Crisis team specially trained to calm, listen home, located at 909 Grant St. in Santa Monica. He is accused of being paid by the North Korean government to recruit agents to spy on the U.S. government. If convicted, he faces up to 10 years in jail, prosecutors said.
He and his wife Susan, who remained free, each face up to 15 years on separate charges of bringing more than $10,000 in cash into the country and making false statements to customs officials regarding the money.
About 20 relatives and reporters were present for the proceedings at the United States Courthouse in downtown Los Angeles.
U.S. Magistrate Judge Victor Kenton overturned a February ruling denying Yai bail, saying he is not a threat to the community.
The only issue to be considered, the judge said, was whether Yai poses a flight risk.
Assistant U.S. Attorney Daniel Goodman argued that he did.
“This defendant faces potentially a lifetime in prison,” he said.
William Genego, Yai’s second attorney, countered by saying Yai poses no flight risk. He pointed to Yai’s community and family ties and said Yai’s family is willing to offer all of its assets in order to get him out of jail.
Once the judge made it clear he intended to grant bail, Goodman asked the court to order Yai to wear electronic monitoring equipment.
Nasatir then asked the judge to release Yai immediately with the understanding that bail be posted as soon as the paper-work could be completed with bondsmen. He called Yai a deeply religious man and said he should be allowed to celebrate Good Friday and Easter with his family.
Judge Kenton denied both attorneys, ruling that Yai will remain in custody until he posts bail and, if released, will not be required to wear electronic monitoring equipment.
As a condition of Yai’s release, he will be held to a strict schedule of visits and telephone calls from court officials assigned to supervise him. He will also be required to stay in southern California.
The FBI began watching Yai in 1995. During the next eight years, investigators bugged Yai’s downtown Los Angeles office and allegedly intercepted communications between Yai and North Korean officials, which were often loaded with code words, the FBI said.
A 76-page affidavit written by FBI special agent James G. Chang highlights those years of e-mail messages, faxes and telephone conversations between Yai, an agent he recruited and high ranking government officials in the People’s Republic of China and North Korea.
Yai allegedly provided the North Korean government with information that was mostly available to the public in the United States via newspaper articles and the Internet. However, North Korean government officials allegedly instructed Yai in 1998 to obtain classified information and under no circumstances continue to feed them information already made public.
Yai explained to the agent working with him that the Korean government expected 100 to 150 reports a year and about 40 of them get submitted to top-ranking officials, according to the affidavit. Crisis negotiators work side by side with SWAT
Originally published in the Santa Monica Daily Press print edition on April 19, 2003. Read the original PDF.