J. Reece Roth case--new trial appeal

A couple of days ago a reader sent a comment on the J. Reece Roth "Arms Export Control Act" case. Roth was convicted last year and sentencing was to be early in 2009. But things have changed..."A University of Tennessee professor emeritus contends a judge's refusal to allow jurors to ponder whether he was too ignorant of arms export control laws to knowingly violate them should net him a new trial."

"Convicted professor requests new trial"

by

Jamie Satterfield

February 9th, 2009

knoxnews.com

A University of Tennessee professor emeritus contends a judge's refusal to allow jurors to ponder whether he was too ignorant of arms export control laws to knowingly violate them should net him a new trial.

J. Reece Roth, 73, was convicted by a federal jury last year of plotting with Knoxville technology firm Atmospheric Glow Technologies Inc. to violate the Arms Export Control Act by repeatedly allowing two foreign national graduate students access to information on a U.S. Air Force project and taking data about it to China in May 2006.

Roth insisted at trial the foreign students were only involved in the research behind the plasma actuators Roth and AGAT were developing for use in Air Force drones. He testified that he believed the students' work did not fall under the auspices of export control.

In a motion for new trial, defense attorney Thomas Dundon faults U.S. District Judge Tom Varlan for refusing to allow jurors to consider "ignorance of the law" as a defense.

"The evidence showed that (Roth) had a fundamental misunderstanding of the Arms Export Control Act and its regulatory scheme," Dundon wrote. "(Roth's) belief although mistaken that he understood the law was used by the government to show (Roth) disregarded the law. Had the jury been instructed on the ignorance of the law (defense), the jury would have likely returned a verdict of not guilty."

Federal prosecutors Jeff Theodore and Will Mackie counter that Varlan got it right the first time. The pair insist they did not have to prove that Roth knew the ins and outs of every provision of the law but rather that he knew, at the very least, that the law forbids use of foreign nationals on military projects without approval.

"The majority view (of courts weighing in on the issue) is that a willful violation occurs where a defendant knows his or her conduct violates the law," the pair responded.

At trial, Mackie and Theodore used Roth's own handwritten notes to show he knew the law was being violated. In those notes, Roth outlined a division of labor between an American graduate student and a Chinese graduate student in the UT Plasma Research Laboratory as a way to get around export control laws.

Roth is set to be sentenced Feb. 18. His motion for a new trial likely will be heard then.

"Professor Convicted of Violating Export Control Laws Requests New Trial"

February 9th, 2009

International Trade Law News

The Knoxville News Sentinel reported today that convicted University of Tennessee Professor J. Reece Roth, who was found guilty of violating the Arms Export Control Act in September 2008, has filed a motion requesting a new trial on grounds that the judge hearing the case refused to allow jurors to consider the "ignorance of the law" defense.

The article quotes that motion as stating:

"The evidence showed that (Roth) had a fundamental misunderstanding of the Arms Export Control Act and its regulatory scheme." * * * "(Roth's) belief although mistaken that he understood the law was used by the government to show (Roth) disregarded the law. Had the jury been instructed on the ignorance of the law (defense), the jury would have likely returned a verdict of not guilty."

The Assistant U.S. Attorneys handling the case countered the defendant's argument by noting that the "majority view (of courts weighing in on the issue) is that a willful violation occurs where a defendant knows his or her conduct violates the law."

Roth's sentencing hearing, which was originally set for January 7, 2009, is now scheduled for February 18th.

[February 10, 2009 Update: A loyal and well informed reader advised that Roth's defense team filed the Rule 29 Motion for Acquittal and new trial several months ago, but the story was just picked by the Knoxville News Sentinel. It also appears that Roth's sentencing will be postponed until March.]


J. Reece Roth conviction