Federal Judge Issues Landmark Ruling in Arms Export Control Act Case
BIRMINGHAM, Ala. - (BUSINESS WIRE) - In a previous legal ruling against the US Department of Justice, a contractor Alabama, the defense was acquitted contrary to the Arms Export Control Act (AECA) , and other costs of indictment Sept count after six days of a trial version are awarded in 2007, is now legal costs, while defending his federal prosecutor.
Birmingham US District Court Judge Ingeborg Johnson ruled that the owner Axion Corporation and Alex Latifi, entitled to reimbursement of legal fees, government and costs, as a result of the government, the three years of criminal investigations and civil actions against rotting. The Department of Justice, Army, and the Federal Customs Service Latifi, and began to study in the year 2003, as Axion Axion employs more than 60 employees and has an annual turnover of over $ 4 million. As part of the investigation, the government has frozen $ 2.5 million Latifi business and the personal fortune to take profits, as acts of unlawful interference. The rotting action and criminal charges being brought by the federal authorities and prosecutors in the direction of Birmingham US Attorney Alice Martin, Latifi claimed by the law of the illegal export of technology, the sensitivity of military aircraft for ‘Army Black Hawk helicopters in China. After Latifi and Axion Corporation in October 2007 acquittal of all correspondents in the criminal law measures, the government is proceeding with layoffs, drew in civil action against the decay as a good thing, but desperately Axion Latifi fought and demand for attorneys’ fees.
In its mandate, the judge said Johnson, taxes, Latifi’s lawyers have said more than half a million dollars have been allocated to contracts and the Axion Latifi General Civil Asset forfeiture Reform Act “() 2000 law “For an innocent owner of the fault means of their property and to himself quite illegitimately by the government crises. “The mission called the recent decision by the government to alter its request for a judgement of the Tribunal, that the seizure of assets were good thing. Withdrawal rescue win Latifi’s efforts to dethrone US Attorney Alice and Martin ‘ examine the Department of Justice’s prosecutive memos and methods of investigation in the case. Johnson’s decision on the allocation of taxes based CAFRA is revolutionary, and it is probably the first of its kind in Alabama, or the Eleventh Circuit. Latifi and Axion a similar application for the costs of Hyde amendment in the resolution Criminal good, Pendante at present the Eleventh Circuit Court of Appeals.
“This is a revolutionary decision, and the event,” said Henry Frohsin, Birmingham, Alabama supporter of Baker, Donelson, Bearman, Caldwell & Berkowitz Latifi represent, in collaboration with colleagues Jim Barger, Catherine Long, Walt Elliott Hall , and Doreen Edelman. “We believe Axion is the only company ever to win a judgement in a case, the arms export control. We could not happier Latifi for Alex and his company, but the battle is far to be completed. his family had $ 50 - Millions of dollars of defence enterprises Contracting has been decimated in the background. Alex is now fighting for his business and his reputation, and that the government remains a violent opponents. ” Other lawyers export agreement in Washington at the expert Burns Cliff Powell, Goldstein “For the first time, and it is an excitement.”
In 2007, there were over 100 Arms Export Control Act of criminal procedure by the Ministry of Justice. Axion is the only case in which the Department has lost, because most of the costs of driving AECA guilty pleas. Baker Donelson The lawyers believe this case, change the way the DOJ operates. “Axion The event is a clear signal to the DOJ and the future of the accused is convicted, he is not a plea increasingly the answer to a charge AECA,” said Jim Barger . “The end of Axion case, the positive effect of promoting the government to concentrate on the development of deserving cases rather low marginal or questionable cases of merit.”
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