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

J. Reece Roth conviction

J. Reece Roth

I am not exactly sure of what to make of this back burner case involving a retired physicist and violation of US law regarding dissemination of sensitive military data. Yesterday a federal jury found J. Reece Roth guilty on 18 counts of conspiracy, fraud and violating the Arms Export Control Act.

Duncan Mansfield of the Associated Press wrote:

A federal jury convicted a retired University of Tennessee professor Wednesday of passing sensitive information from a U.S. Air Force contract to two foreign research assistants from China and Iran.

Jurors deliberated about six hours before finding plasma physics expert J. Reece Roth guilty Wednesday on 18 counts of conspiracy, fraud and violating the Arms Export Control Act.

Prosecutors in the Knoxville trial said Roth gave the two graduate students access to sensitive information while they researched a plasma-guidance system for unmanned aircraft.

Roth, 70, testified last week that he didn't break the law.

He faces up to 160 years in prison and more than $1.5 million in fines. Sentencing is scheduled for Jan. 7.

Prosecutors presented several documents suggesting research by Roth's university laboratory or a spinoff company, Atmospheric Glow Technologies Inc., was restricted.

But Roth insisted that he didn't break the law because he hadn't proved that his research worked.

"My understanding was that it only applied to things that worked, and we had not shown that. We had a lot of work to do," Roth testified.

Roth is also accused of taking reports and related studies in his laptop to China during a lecture tour in 2006, and having one report e-mailed to him there through a Chinese professor's Internet connection.

The government seized materials from Roth's office and took his computer from him at the airport when he returned from the trip. Prosecutors claim he violated the export control act simply by taking the laptop with sensitive materials outside the country even if, as forensic evidence showed, he didn't open all of those files while he was in China.

The charges involve work performed from 2004 to 2006 on two Air Force contracts by Roth, graduates students Xin Dai of China and Sirous Nourgostar of Iran, and university spinoff company Atmospheric Glow Technologies Inc. of Knoxville.

Atmospheric Glow Technologies recently pleaded guilty to 10 counts of exporting defense-related materials and Roth protege Daniel Sherman has pleaded guilty to related charges. Sentencing in those cases in still pending.

Dr. J. Reece Roth's background

From the United States Department of Justice

In researching this case, I never discovered a "motive" for his actions. Was it money...dislike of the United States? It is difficult to fathom the motivation in light of his stellar career. Maybe it was a genuine mistake and misunderstanding. The jury was probably forced to draw a guilty verdict based solely on the violation of the law but surely mitigation for a 70 year old professor is in order and the extreme harshness of the potential punishment is disproportional.