Update On Intent Standard For Criminal Export Violations
February 28, 2014, 1:39 PM EST
Law360, New York (February 28, 2014, 1:39 PM EST) -- For decades, courts have wrangled with the “state of mind” needed to establish a criminal violation of the International Trafficking in Arms Regulations. The question has been whether general knowledge of the illegality of the conduct is sufficient to sustain a criminal conviction or whether instead the government must prove that the defendant knew of the specific law or regulation that was violated.
With the recent decision in United States v. Brian Keith Bishop (4th Cir. Dec. 11, 2013), the Fourth Circuit joined its seven sister...