National security attorneys Maria Alejandra del-Cerro and Elyssa Kutner have joined DLA Piper as partners in the national security and global trade practice, the firm announced. Del-Cerro is a former attorney in the State Department's Directorate of Defense Trade Controls and joins DLA Piper from Crowell & Moring, where she'd worked as a partner since 2022. Kutner joins the firm from Sidley Austin, where she worked as an associate, then as counsel, since 2020.
The U.S. District Court for the Western District of Kentucky declared a mistrial in a case against defense contractor Quadrant Magnetics for violating export controls after the government sent the company thousands of pages of documents relevant to the case immediately prior to and during the company's trial (United States v. Quadrant Magnetics, W.D. Ky. # 3:22-00088).
A State Department notice declaring that all agency efforts to control international trade now constitute a "foreign affairs function" of the U.S. under the Administrative Procedure Act will ultimately be subject to the discretion of the courts, trade lawyers told us.
A federal court in Kentucky found that Arms Export Control Act and International Traffic in Arms Regulations licensing requirements for technical data don't violate the First Amendment as a restriction on free speech. Judge David Hale of the U.S. District Court for the Western District of Kentucky said the licensing requirements "advance important government interests unrelated to the suppression of free speech" and don't burden "substantially more speech than necessary to further those interests" (United States v. Pascoe, W.D. Ky. # 3:22-88).
Joshua Levy, a DOJ attorney who oversaw multiple high-profile export control-related cases, will resign from the federal government Jan. 17, the agency announced this week. Levy most recently served as the U.S. attorney for the District of Massachusetts, leading an office that charged two men in December for shipping sensitive drone technology to Iran (see 2412170021) and that fined American defense firm RTX in October to resolve allegations that it tried to defraud the U.S. government and commit defense export control violations (see 2410160058).
A Chinese national was charged for his role in a scheme to illegally ship export-controlled "defense-related technical data" to China and illegally supply the Department of Defense with Chinese-origin rare earth magnets for aviation systems and military items, DOJ announced.
Christopher Stagg, an export controls lawyer and former senior official with the State Department's Directorate of Defense Trade Controls, has joined Holland & Knight as a partner, the law firm announced. Stagg previously ran his own firm, Stagg PLLC.
Florida resident Yuksel Senbol was sentenced on Oct. 24 to 15 months in prison for violating the Export Control Reform Act and Arms Export Control Act, among other things, DOJ announced. Senbol, who pleaded guilty in May (see 2405080060), "knowingly facilitated the illegal export" of export-controlled drawings of key U.S. military technology and helped her co-conspirators fraudulently procure contracts to supply the Defense Department with "critical military components," DOJ said. She also agreed to forfeit $275,430.90.
U.S. aerospace firm RTX tapped senior counsel Lara Covington to head the company’s compliance with the deferred prosecution agreements announced last week with DOJ and the SEC, Covington announced on LinkedIn. Covington’s official title will be the executive director of the RTX DPA Compliance Program Office, where she will help “ensure the company successfully meets its obligations” to both agencies, she wrote in her bio. RTX will pay close to $1 billion and agreed to a range of compliance commitments to resolve allegations that it committed violations of defense export control regulations, the Foreign Corrupt Practices Act and more (see 2410160058).
American defense firm RTX will pay close to $1 billion to resolve allegations that it tried to defraud the U.S. government and committed violations of defense export control regulations and the Foreign Corrupt Practices Act, DOJ and the SEC said Oct. 16. The company agreed to enter into two deferred prosecution agreements to settle the claims, which included Raytheon’s alleged failure to report bribes in export licensing applications and its submission of false information to the U.S. as part of multiple foreign military defense contracts.