The U.S. District Court for the Western District of Texas dismissed a suit against the State Department concerning the regulation of 3D gun file exports, saying the claims are moot because the State Department shifted export control responsibility to the Commerce Department. Judge Robert Pitman dismissed the case for lack of jurisdiction, saying plaintiffs Defense Distributed and Second Amendment Foundation failed to show the State Department still regulated the exports. Pitman also ruled that Defense Distributed's claim for monetary damages against the State Department belongs "to the exclusive jurisdiction of the Court of Federal Claims."
The U.S. District Court for the District of Maryland in a Dec. 22 opinion denied three Maryland men's post-trial motions seeking dismissal of their convictions, among other things, pertaining to their efforts to illegally export arms and ammunition to Nigeria. The court said Wilson Tita of Owings Mills, Eric Nji of Fort Washington and Wilson Fonguh of Bowie failed to prove that the U.S. Supreme Court's recent decision in New York State Rifle & Pistol Ass'n v. Bruen rendered unconstitutional the defendants' conviction on a charge of transporting a firearm with an obliterated serial number (U.S. v. Wilson Nuyila Tita).
Arif Ugur, a Cambridge, Massachusetts, resident, was sentenced to 33 months in prison and two years of supervised release for scheming to illegally export defense technical data to manufacturers in Turkey in violation of the Arms Export Control Act, DOJ announced Dec. 15. The technical data related to the "fraudulent manufacturing of parts and components used by the U.S. military" -- parts the Defense Department later found to be "substandard and unsuitable for use by the military."
DOJ reached a settlement with a Washington state-based firearms manufacturer, Aero Precision, over claims that it violated the Immigration and Nationality Act by "screening out" non-U.S. citizen job candidates, including asylees and refugees, DOJ announced. The INA says that asylees and refugees have the same eligibility to work jobs involving defense-related information as U.S. citizens, including for items controlled under the International Traffic in Arms Regulations.
Three U.S. citizens and Quadrant Magnetics were charged with wire fraud, violating the Arms Export Control Act and smuggling goods relating to their participation in an illegal scheme to ship export-controlled defense-related technical data to China, DOJ announced. They also allegedly supplied DOD with Chinese-origin rare earth magnets for aviation systems and military items, DOJ said.
Akerman LLP added two partners to its ranks, with Matthew Goldstein joining the Washington, D.C.-based Government Affairs and Public Policy practice, and Andrew Dominguez joining the International Litigation and Arbitration practice in Miami, the firm announced.
Maria Alejandra (Jana) del-Cerro, former regulatory and multilateral affairs analyst at the State Department's Directorate of Defense Trade Control's Policy office, has rejoined Crowell & Moring, the firm announced. Del-Cerro will serve as a partner in the International Trade and Government Contracts group, advising clients on aspects of export compliance including export controls, sanctions and Committee on Foreign Investment in the U.S. matters. At the State Department, del-Cerro worked to amend and interpret the International Traffic in Arms Regulations in promoting bilateral defense trade working groups' priorities, the firm said.
Thomas Krueger, former director of strategic trade and nonproliferation on the National Security Council, has joined Akin Gump as a senior policy adviser, according to a LinkedIn post from firm partner Kevin Wolf. Krueger worked for a decade at the State Department, most recently as a senior policy adviser, before joining the NSC, where he served from 2020 to June 2022. Per his new firm, Krueger advises clients on compliance with the International Traffic in Arms Regulations and the Export Administration Regulations, along with transfer policies for emerging technologies.
Sanctions and export controls attorney Susan Kovarovics, a former partner at Bryan Cave, has joined Akin Gump as an international trade partner in the Washington, D.C., office, the firm announced. Kovarovics' practice centers around compliance issues involving International Traffic in Arms Regulations, Export Administration Regulations, Office of Foreign Assets Control sanctions and the Foreign Corrupt Practices Act, the firm said.
Joe Sery, former owner and CEO of Tungsten Heavy Powder & Parts, pleaded guilty to conspiring to illegally export defense articles on the U.S. Munitions List to China, India and other countries without first getting a license from the State Department, the U.S. Attorney's Office for the Southern District of California announced June 9. Sery's actions violated the International Traffic in Arms Regulation, and he faces a maximum penalty of five years in prison and a $250,000 fine.