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Knowingly, Willfully and Materiality

In United States v. Phillips , ___ F.3d ___, 2013 U.S. App. LEXIS 18430 (7th Cir. 2013) (en banc), here , the Seventh Circuit reversed convictions under "18 U.S.C. § 1014 [ enhanced version available to lexis.com subscribers ], which criminalizes 'knowingly mak[ing] any false statement...

Fourth Circuit Holds That Defendant Can Be Guilty of Criminal Violation of Armed Export Control Act Even Without Specific Knowledge That the Exported Item Is a Regulated “Defense Article”

BY: JOHN STAIGE DAVIS, V AND THOMAS B. MCVEY To obtain a felony conviction under the Arms Export Control Act for “willfully” exporting “defense articles” without a license, must the government prove that the defendant knew the items in question were specifically subject...

Convicted Politician Did Not Lay a Proper Foundation For Proffered Indirect Testimony of Lack of Intent

In United States v. Beavers , ___ F.3d ___, 2014 U.S. App. LEXIS 12469 (7th Cir. 2014), here , the defendant was convicted of multiple counts of tax fraud. The facts are within a range of what might be expected given his profession -- money flowed to him and he did not report or pay tax on it. The...