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US v. Roth, 09-5805

Conviction for violations of the Arms Export Control Act

US v. Roth, 09-5805, concerned a challenge to convictions of defendant for conspiracy, exporting defense articles and services without a license in violation of the Arms Export Control Act, and wire fraud.

In affirming the convictions, the court held that the district court properly concluded that the underlying data and component were defense articles and services pursuant to 22 C.F.R. section 121.1, Category VIII, as the final objective of the project was incorporating plasma actuators into military drones.  The court also held that the district court's jury instruction regarding willfulness was proper.  Further, the district court did not abuse its discretion in declining t deliver defendant's proposed instruction on ignorance of the law as a separate defense.  Lastly, there was sufficient evidence to support defendant's conviction for exporting the Agency Proposal as a rational jury could find beyond a reasonable doubt that defendant knew that the Proposal contained export controlled information.

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