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.