When the FBI Comes Calling…®
When the FBI Comes Calling…®
You may be charged with:
Illegal Arms Trade (22 U.S.C. § 2778)
In order for one to be convicted of this statute, the government prosecutor, Assistant United States Attorney (AUSA), must prove beyond a reasonable doubt:
1. That the defendant manufactured, exported, or imported any armament listed by the President in the United States Munitions List (22 CFR Part 121.1); or
2. That the defendant acted as broker for such activities;
3. That the defendant is not an officer or employee of the United States government working in his lawful and official capacity;
4. That the defendant acted without having obtained a lawful registration and/or license; or
5. That the defendant made any untrue statement of fact to obtain registration and/or license;
6. That the defendant acted knowingly and willfully.
So how have the courts interpreted these statutes?
A. The fact that an armament on the United States Munitions List is not functional does not suggest that it is no longer prohibited when exported or imported without license. United States v. Fu Chin Chung, 931 F.2d 43 (11th Cir. 1991).
B. The use of surreptitiously and circuitous intended shipment routes to ship replacement parts for a listed armament supports the essential finding of criminal intent requisite for conviction. United States v. Malsom, 779 F.2d 1228 (7th Cir. 1985).
C. A defendant convicted under this statute is not entitled to a reduced sentence on the grounds that the potential for harm was nonexistent because conviction arose from a sting operation tightly controlled by the government. In whole, the defendant should not be helped by the fortuitous fact that the purported purchasers were government agents, who thereby prohibited him from doing what he had in fact intended to do. United States v. Hendron, 43 F.3d 24 (2nd Cir. 1994).
Potential Punishment:
One may be convicted of a felony punishable by fine up to $1 million, up to 10 years imprisonment, and revocation of the right to work for the federal government.
One might also be charged with NBC Weapons or Radiological Dispersal Device
When one is charged under this statute, the AUSA will seek an indictment from a Federal Grand Jury and may include charges for Import Crimes, Export Crimes, Trading With the Enemy, Industrial Espionage, Transnational Money Laundering, or NBC Weapons, and is likely to couple those charges with lesser included offenses such as False Statements or 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.