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United States v. Hitt

Court affirmed holding that prosecution of individual defendant was barred by 5-year statute of limitation in a case alleging defendant conspired to make misrepresentations to the Department of Commerce with regard to sale of machinery that was subject to export control; where indictment made it clear that the goal of the conspiracy was to obtain the export licenses required to sell the machinery, the conspiracy ended when the Department of Commerce issued the licenses.

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Argued February 22, 2001

Dissenting opinion filed by Circuit Judge Williams.

On October 19, 1999, the Grand Jury returned a sixteen-count indictment for alleged fraudulent misrepresentations made to the United States Department of Commerce in connection with the sale by the McDonnell Douglas Corporation to the People’s Republic of China of machinery that was subject to export controls. Count One of the indictment charged Robert Hitt, the Director of the China Program Office at Douglas Aircraft Company, a wholly-owned subsidiary of McDonnell Douglas, along with other defendants, with conspiring to violate the laws of the United States, in violation of 18 U.S.C. � 371 (2000), by deceiving the United States government in the process of completing the sale of the equipment. The district court ruled that the conspiracy alleged in Count One ended on September 14, 1994, when the Department of Commerce issued the export licenses required to sell the machinery, and that the prosecution of Hitt was therefore barred by the five-year statute of limitations. See United States v. Hitt, 107 F. Supp. 2d 29, 30 (D.D.C. 2000); see also 18 U.S.C. � 3282 (2000). The government appeals. We affirm.

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