http://www.exportlawblog.com/archives/322 Latest News on DDTC, BIS, OFAC, and other export law matters Wed, 07 Jan 2009 18:15:38 +0000 http://wordpress.org/?v=2.5.1 http://www.exportlawblog.com/archives/322#comment-9883 Mike Deal Thu, 17 Apr 2008 13:18:50 +0000 http://www.exportlawblog.com/archives/322#comment-9883 In addition to the failure to mention probable cause for an essential element of a crime, willfulness, the warrant falsely procured by this Dept. of Justice in this case this appears to be just the sort of general warrant that the 10th Circuit tossed back in the 80s in AECA and EAR prosecution in US v. Leary. As the 10th discussed, meeting all the constitutional elements is essential in a case like this because the government already has a regulatory right to require production of books and records upon demand without probable cause. In the absence of enough evidence to establish probable cause for willfulness, an essential element of the offense, to allow the government the right to an intrusive search without first using its right to inspect books and records is pure despotism. It is not enough to establish probable cause for a search warrant that there may have been an undocumented export, the damnyankee prosecutors have to have some evidence of willfulness. In addition to the failure to mention probable cause for an essential element of a crime, willfulness, the warrant falsely procured by this Dept. of Justice in this case this appears to be just the sort of general warrant that the 10th Circuit tossed back in the 80s in AECA and EAR prosecution in US v. Leary. As the 10th discussed, meeting all the constitutional elements is essential in a case like this because the government already has a regulatory right to require production of books and records upon demand without probable cause. In the absence of enough evidence to establish probable cause for willfulness, an essential element of the offense, to allow the government the right to an intrusive search without first using its right to inspect books and records is pure despotism. It is not enough to establish probable cause for a search warrant that there may have been an undocumented export, the damnyankee prosecutors have to have some evidence of willfulness.

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