Comments on: Is the DOJ Tilting at Windmills?

By: Mike Deal

Mike Deal — Mon, 24 Sep 2007 16:37:04 +0000

Misha, your argument might fly in the old USSR, but here we interpret criminal laws according to their plain meaning and we require the government to allege with specificity the laws that one is alleged to have violated. The government is not supposed to just throw vague charges and force the defendant to prove its innocent. If the defendant didn’t submit the information or instruct its agent to submit false information to the government, it hasn’t violated 18 USC 1001. You might be able to gin up other violations if you can prove that the false information was expressly intended to cause the direct recipient to give up something or do something that it would have not but for the false information, but its not a violation not 18 USC 1001.

By: Mike Deal

Mike Deal — Sat, 22 Sep 2007 13:12:19 +0000

Once again, OEE is carrying the water for OFAC enforcement, as it has in many of the recent Iran embargo cases (e.g., the Gas Tech case that I helped defend). It kind of makes you wonder whether ICE is so preoccupied with other things (illegal immigrants, drugs, internet porn) that it can’t be bothered to lead OFAC cases as Customs did back before the merger with the INS investigative service.

By: Misha

Misha — Sat, 22 Sep 2007 07:30:52 +0000

A weak argument - anyone who has ever done business with the U.S. knows that the forwarders make statements to the government. Otherwise, why would the forwarder care who the end user was?