eCustoms.com discusses on its website sample criminal penalties for export violations: On June 13, 1997, United States District Court Judge of the District of New Jersey fined Digital Creations Corporation of Closter, New Jersey, $800,000 for violating the Export Administration Act and Regulations. In December 1994, Digital Creations Corporation plead guilty to charges that it illegally exported DEC computer equipment to the People's Republic of China without obtaining required export license from the Commerce Department. On March 17, 1998, Well Complex International of Passaic, New Jersey, pled guilty in U.S. District Court in Newark, New Jersey, to charges of exporting hafnium granules to the People's Republic of China without obtaining a validated export license from the Department of Commerce. The export of hafnium is controlled to the People's Republic of China for foreign policy reasons. The owner of Well Complex International pled guilty to charges he violated the false statement statute in connection with the illegal exportation of hafnium granules. On July 8, 1998, the company was sentenced to five years' probation, a $7,500 criminal fine and a $200 special assessment fee. The owner was sentenced to three years' probation, a $500 criminal fine and a $100 special assessment. On March 12, 2001, criminal sanctions were imposed on Refinery Industries, Inc., of Budd Lake, New Jersey, for attempted exports of gas detection equipment to Iran. The company received five years probation from the U.S. District Court in Newark, New Jersey. As part of the plea agreement in the criminal case, the company forfeited seized 195 units of methane gas detectors to the US government. Export control begins with order administration where customer orders for shipment get processed. To prevent shipping products to the wrong places, check each customer order to ensure that the "bill to" name and address is not on the following lists: (a) embargoed countries and terrorist-supporting countries, (b) Denied Persons List (http://www.bxa.doc.gov/DPL/Default.shtm), (c) Entity List, which lists prohibited end users (http://www.bxa.doc.gov/Entities/Default.htm). Check each customer order to ensure the "ship to" name and address is not on these three lists. Deny shipments to customers found on the three lists. Be on the look out for any suspected prohibited uses by customers. When fighting a battle with the government on export violations, engage an experienced New Jersey criminal defense attorney to argue decreased sentencing or reduced fines. Export violations are a form of white collar crime that could send a business into financial turmoil and its owners to prison.
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