When the FBI Comes Calling…®

EXPORT CRIMES

You may be charged with:

EXPORT CRIMES (50 U.S.C. § 2401-2410 Appx)
"Export Administration Act of 1979"

Although there are several white collar offenses for which one may be charged in relation to export crimes, a common charge is for knowingly and fraudulently exporting goods or technology from the United States contrary to law.

In most federal jurisdictions, to be convicted of exporting goods or technology in violation of an export control imposed under this Title, an Assistant United States Attorney (AUSA) must present evidence that when submitted to a jury or judge would prove beyond a reasonable doubt:

1. That the defendant exported goods or technology from the United States;
2. that the defendant's export was contrary to applicable law; and
3. that the defendant knew the exportation was contrary to law.

So how have the courts interpreted export violations?

A. An essential element in proving a violation of the Export Administration Act is the defendant's knowledge that the export was unlawful. United States v. Jamil, 707 F.2d 638 (2d Cir. 1983).

B. The court found that an indictment for violation of the Export Administration Act is sufficient, even if it fails to define "export" and also fails to specify how and from what point exports were made. United States v. Moller-Butcher, 723 F.2d 189 (1st Cir. 1983).

C. A defendant was convicted for attempting to export a controlled microwave amplifier to West Germany without an export license. United States v. Shetterly, 971 F.2d 67 (7th Cir. 1992).

Potential Punishment:
Generally, one may be found guilty of a felony, imprisoned up to 5 years, and fined not more than five times the value of the exports involved or $50,000, whichever is greater.

If the destination or intended destination of the goods or technology involved is any controlled country or any country to which exports are controlled for national security or foreign policy purposes, one may be found guilty of a felony, imprisoned up to 10 years, and fined up to $250,000 or five times the value of the exports involved, or in the case of a corporation, $1,000,000, whichever is greater.

When one is charged under this statute, the AUSA will seek an indictment from a Federal Grand Jury and may include charges under other federal statutes, like Terrorism, Treason, NBC Weapons, or Subversion, and is likely to couple those charges with another lesser included offense like Obstruction of Justice where applicable. Should the government decide not to immediately seek indictment, one may be held under the Material Witness statute or, if related to any ongoing war (including the War on Terrorism) may be held through Combatant Detention.