US v Elkins 885 F2d 775 CA 11 (Ga), 1989 Sept 29, 1989.ppt

U.S. v. Elkins885 F.2d 775C.A. 11 (Ga.), 1989Sept. 29, 1989 Dorian Amstel CSA 6470 JUDICIAL BODY JUDICIAL BODY Jurisdiction: A court of appeals hears appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies. In addition, the Court of Appeals for the Federal Circuit has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws and cases decided by the Court of International Trade and the Court of Federal Claims. CASE FACTS Defendant attempted to supply two Lockheed L-300-30 Aircraft to Libya. CASE FACTS At the time Libya was (and still is) subject to strict export controls. 18 U.S.C.A. § 371 (conspiracy) Executive Order 12543 The Arms Export Control Act 50 U.S.C.A. App. § 2410 50 U.S.C.A. § § 1702, 1705 15 C.F.R. § § 374.1, 387, and 399 CASE FACTS Export Licenses were required to export the two jets, but because of restrictions on exports to Libya, no licenses would be given. The Defendant and six others indicted in this case decided to purchase the planes for a West German company (owned and operated by Libyans) and route the planes through Bordeaux (France), then onto Benin (W. Africa) and Ultimately to Libya. CASE FACTS Defendant owned Armaflex, Inc. A southern California company that sold tiles for military as armor. In 1984 Armaflex attempted to sell tiles to an English company with ultimate destination being Libya. Libyan dealer was named Badir. Deal never happened. CASE FACTS Carl Lilly (who had worked ceramic tile negotiations with defendant) approached the defendant on behalf of a customer who wanted to buy one Lockheed C-130 aircraft (military transport) for oil field work in Libya. The customer was Corcoran (Lilly’s father-in-law) who was purportedly representing the National Oil Company of Libya. The ultimate recipient of the planes was to be Badir. Because it was a military aircraft the deal need the approval of the De