Legal Question in Criminal Law in Texas

Commercial Export License - Failure to apply for one

In Nov 2005, I was instructed by my client to ship seismic data stored at our facility to Damascus, Syria. I was informed that I would need a Commercial Export License. I informed my client of the situation. He informed to ship the data to the U.K. When the data reached U.S. Customs, they discovered that the final destination for shipment would be Damascus, Syria. I was subsequently questioned by U.S. customs officials and agents from the U.S. Commerce dept. Approximately 2 weeks later, I was questioned by our company's legal representation. Since then, this has sat on the back burner at the Commerce Department and nothing has been decided.

Question - If I leave the company due to a reduction in force, can I be held accountable for the actions that took place in Nov. 2005?


Asked on 8/07/08, 4:02 pm

2 Answers from Attorneys
TC Langford Langford Law Office

Re: Commercial Export License - Failure to apply for one

It is impossible to know what your exposure is, without knowing more of the entire situation; however, your risk exists whether you work for this company or not.

Also be careful what you say to the company's legal representative -- that is NOT your lawyer, and will NOT represent you. That lawyer represents only the corporate entity, and not the directors, officers or employees. You should consult your own legal counsel, and depending upon the circumstances, the company might have to pay those legal fees.

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Answered on 8/08/08, 9:12 am
Bristol Myers Bristol Myers & Associates, P.C.

Re: Commercial Export License - Failure to apply for one

If by "accountable" you mean can you be investigated, searched, arrested, and charged with a criminal offense, (if the Government thinks you've committed one), then yes you can. Depending on the exact factual background, your former company will also be charged. The company will have its own lawyer(s). Other individuals in the company may also be charged. In some cases, the company may pay for your legal representation, but it has been a common tactic for federal prosecutors to essentially require companies to sell their employees out in order for the company itself to receive favorable treatment. I will say that if you haven't heard anything from the government in 3 years, the investigation may be complete with nothing to come of it. However, I am assuming something more recent has triggered your inquiry. If something comes of thise, you'll need not just any criminal lawyer, but one who is well-versed in handling federal criminal cases. I'd be happy to discuss the matter with you in more detail.

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Answered on 8/10/08, 12:09 am


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