The U.S. Department of Justice (DOJ) has arrested two Chinese nationals, Chuan Geng and Shiwei Yang, for allegedly sneaking high-performance AI chips, likely Nvidia H100s, out of the U.S. and into China.
According to the DOJ, the pair ran a company called ALX Solutions, based in California. But instead of using it for, you know, legal business, they are accused of intentionally shipping banned AI chips to China through a workaround involving freight forwarders in Singapore and Malaysia. Payment, as you might guess, came from Chinese and Hong Kong companies. Classic smuggling playbook.
The official charge? Violating the Export Control Reform Act, which could land them up to 20 years in federal prison.
Related: Nvidia rival Groq said to be in talks for $600M raise at $6B valuation
While the DOJ didn’t name names, the complaint described the chips as “the most powerful on the market,” built specifically for AI. That is screaming: Nvidia H100, the GPU everyone wants, especially in the AI arms race. Reuters reported Nvidia’s H100 chips were at the center of the alleged scheme, though Nvidia itself played it cool in a statement:
“Smuggling doesn’t fly,” a spokesperson said. “We mostly sell to big-name OEMs and partners who follow export rules. Even small exports get reviewed.”
The U.S. has been tightening export controls on AI chips, particularly those destined for China, citing national security concerns. However, enforcement is challenging, and it is clear that people are finding loopholes. One of the ideas floated recently? Embedding tracking tech inside chips to monitor where they end up. But chipmakers, including Nvidia, strongly oppose the idea, warning that it could backfire.
“Adding kill switches or backdoors would basically gift hackers the keys to the kingdom,” Nvidia wrote in a blog post. “That’s not good security policy. It’s self-sabotage.”
In short, Nvidia’s stance is: “We will follow the rules. Just don’t ask us to booby-trap our chips.”
So now, the U.S. finds itself caught between two priorities: preserving America’s edge in AI innovation and keeping sensitive tech out of rival hands. And while arrests like these make headlines, the real question is whether the system is ready to handle the scale of what is coming. Export bans are only as strong as the weakest shipping label. Is it time to rethink how we actually track AI hardware, or are we just patching leaks in a dam that’s already cracking?