The U.S. District Court for the District of Massachusetts was right to allow a new trial for Joseph Baptiste in a Foreign Corrupt Practices Act case, the U.S. Court of Appeals for the 1st Circuit said in an Aug. 9 opinion. Concurring with the district court that Baptiste's counsel was of such deficient performance to allow a retrial, a three-judge panel at the circuit court denied the U.S.'s appeal of the decision to run the trial back.

The Bureau of Industry and Security revoked export privileges for three people for illegally exporting defense goods without licenses, according to Aug. 9 orders.

The U.S. District Court for the District of Connecticut denied Arif Durrani's "frivolous" motion to vacate his 34-year-old conviction and sentence, in an Aug. 3 order. Durrani was convicted in 1987 of violating the Arms Export Control Act by shipping Hawk missile parts to Iran without a license. The issues raised in his September 2020 motion to vacate "have been exhaustively addressed -- and rejected -- in prior motions brought by Durrani," the court said. Durrani also has served his prison sentence. "Moreover, as the government notes, to the extent Durrani’s petition is construed as one under 28 U.S.C. § 2255, it necessarily fails because Durrani is no longer 'in custody' as required under the statute," the order said (Arif Durrani v. United States, D. Conn. #20-01373).

The State Department announced penalties on eight foreign entities and their subsidies for illegal transfers under the Iran, North Korea and Syria Nonproliferation Act, an Aug. 9 notice said. The agency said the entities transferred items subject to multilateral control lists that contribute to weapons proliferation or missile production. The State Department barred them from purchasing items controlled on the U.S. Munitions List and by the Arms Export Control Act and will suspend any current export licenses used by the entities. The agency will also bar them from receiving new export licenses for any goods subject to the Export Administration Regulations. The restrictions will remain in place for two years from the July 29 effective date.

The Mexican government launched a lawsuit on Aug. 4 in the U.S. District Court for the District of Massachusetts against 10 gun manufacturers for their role in the spread of firearms in their nation. In a fiery complaint, Mexico decried the actions of the manufacturers who "design, market, distribute, and sell guns in ways they know routinely arm the drug cartels in Mexico." Through the use of corrupt gun dealers and illegal sales practices, these gun makers traffick weapons across the U.S.-Mexico border and cause countless death, destruction and economic harm, Mexico said.

The U.S. District Court for the Southern District of Texas properly struck down the crude oil export tax under 26 U.S.C. Section 4611(b) as unconstitutional, commodity trading and logistics house Trafigura Trading said in its July 30 brief to the U.S. Court of Appeals for the 5th Circuit. The tax on crude oil exports violates the U.S. Constitution's Export Clause banning any taxes on exports, the company said. As a result, the district court appropriately awarded Trafigura a $4.2 million refund for its taxes paid, the company said (Trafigura Trading LLC v. U.S., 5th Cir. #21-20127).

Dali Bagrou and his company World Mining and Oil Supply pleaded guilty on Aug. 2 in the U.S. District Court for the Southern District of Georgia to violating the Export Control Reform Act, the U.S. Attorney's Office for the Southern District of Georgia said in a press release. The scheme started when a Russian state-owned enterprise began working with Oleg Vladislavovich Nikitin, general director of Russia-based energy company KS Engineering, to buy a power turbine from a U.S.-based manufacturer for around $17.3 million, the release said.

Strait Shipbrokers and its managing director, Murtuza Mustafa Munir Basrai, filed a complaint July 19 in the U.S. District Court for the District of Columbia challenging its Specially Designated Nationals listing (see 2101050012). The Trump administration made the designation after concluding the company helped with the transport of petroleum from Iran. Straight Shipbroker countered, claiming it's not required to check the origin of its cargo in its role as a broker and that the designation was made in violation of the Administrative Procedure Act and its Fifth Amendment rights to due process (Strait Shipbrokers Pte. Ltd. et al. v. Blinken et al., D.C. Cir. #21-01946).

Reza Sarhangpour Kafrani, an Iranian national living in Montreal, was indicted by a grand jury July 30 in the U.S. District Court for the District of Columbia for illegally exporting laboratory equipment from the U.S. to Iran, the Department of Justice said. Kafrani co-owned Prolife Global, based in Canada, where he sought to purchase spectrometry equipment to ultimately ship to Iran, DOJ alleged. After failing to get one U.S. company to ship the equipment to Montreal, Kafrani found a second American company that sent the merchandise to Canada, DOJ said. Kafrani then sent the equipment to the United Arab Emirates, then reexported it to Iran, it said.

A federal court ordered an oil tanker to be forfeited to the U.S. after it helped illegally ship oil to North Korea in violation of U.S. and United Nations sanctions, the Justice Department said July 30. The agency also said sanctions evasion charges are pending against Kwek Kee Sen, a Singaporean national and the owner of the ship, who remains at large.