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MIAMI AND FORT
LAUDERDALE EXPORT CRIMES ATTORNEY
Attorney
Representation in Miami, Florida Since 1984
A
common charge of knowingly and fraudulently exporting
goods and/or technology out of the United States contrary
to law, is just one of several white collar offenses
for which a person may be charged with in relation
to export crimes 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. Such said defendant knowingly and willfully exported
goods or technology from the United States;
2. Such said defendant's export was contrary to
applicable law; and
3. Such said defendant knew the exportation was
contrary to law.
How have
the courts perceived export violations?
A. A vital element in proving a breach of the Export
Administration Act is the defendant's knowledge
that the export was against the law. 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).
Possible
Penalties:
Most often, a person may be found guilty of a felony,
put in prison for up to 5 years, and fined no more
than five times the value of the exports involved
or $50,000, whichever is greater.
If the
destination or pre-planned destination of the goods
and/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, put in prison for
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.
B. Often
times, the State’s Assistant U.S. Attorney
(AUSA) will secure a Federal Indictment from a Federal
Grand Jury and charge a defendant not only with
an export crime, but also with money laundering,
mail fraud, wire fraud, bank fraud, or RICO crimes,
and conspiracy to commit the crimes mentioned earlier.
One should also be aware that since 1987 parole
has been abolished in the Federal System. Expungement
(removal of conviction from public records) is also
not available.
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