Justia International Trade Opinion Summaries

Defendant, a citizen of Macau, engaged in efforts to import protected defense articles from the United States into China, without the licenses required by law. Defendant was convicted after a jury trial on four counts of conspiracy and attempt to export defense articles without a license, money laundering, and conspiracy and attempt to smuggle goods from the United States. Defendant challenged his conviction and sentence. The court concluded that venue was proper in the Southern District of California; disagreed with defendant that the Arms Export Control Act, 22 U.S.C. 2778, violated the nondelegation principle; concluded that defendant's conviction on count three must be vacated as a matter of law because attempting to cause an export of a defense article was not a federal crime; defendant's conviction on count four must also be vacated for lack of jurisdiction; and because the district court should have allowed defendant to present evidence of duress to the jury, the court reversed and remanded for a new trial on counts one and two. The court did not reach defendant's arguments regarding his sentence. View "United States v. Kuok" on Justia Law

Prior to defendant's trial for shipping telecommunications and navigation equipment to Iraq, in violation of an embargo (Executive Order 12722) and the International Emergency Economic Powers Act, the district court denied a motion to suppress; granted a protective order to prevent disclosure of certain confidential documents to the defense; and excluded testimony from a defense witness. Following conviction, the the district court found the sentencing range to be 188-235 months, but only imposed concurrent sentences of 72 months. The Sixth Circuit affirmed. The motion to suppress was properly denied; the affidavit would have provided a sufficient basis to establish probable cause, even if defendant's desired changes had been made. The court properly imposed a sentencing enhancement for an offense involving national security, but improperly applied U.S.S.G 251.1(a)(2); as "invited error," it did not warrant reversal. No Brady violations occurred. Newly-discovered evidence was not exculpatory and did not advance a theory that the government approved and assisted with the shipments. View "United States v. Hanna" on Justia Law

The defendant, a dual-citizen of the U.S. and Iran and a chemical engineer, marketed a dynamic software program to Iranian actors and agreed to provide Iranian entities with technology for construction of chemical plants, with a goal of converting Iran into a chemical powerhouse. His efforts included contacting President Ahmadinejad to unveil his plan to help Iran, with respect to the United States' "cruel and tyrannical" treatment of the Iranian people. He was convicted on 10 chargesâfour counts stemming from violations of the International Emergency Economic Powers Act (IEEPA), three counts of making false statements, and three counts of bank fraud and sentenced to a four years imprisonment. The Third Circuit affirmed, rejecting a challenge to the constitutionality of the IEEPA and Treasury Department's Office of Foreign Assets Control regulations. The law meaningfully constrains the President's discretion and does not violate the separation of powers doctrine. The government proved, beyond a reasonable doubt, that the defendant's operation does not fall within the informational-materials exemption of the Act. The regulations are not unconstitutionally vague.