US Appellate Court Affirms Penalty for Attempted Illegal Export to Libya
A U.S. appeals court this month upheld the conviction and 57-month prison sentence of Florida business owner Peter Sotis for conspiring to and illegally attempting to ship export-controlled rebreather diving equipment to Libya.
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The U.S. Court of Appeals for the 11th Circuit ruled that all three issues presented by Sotis lacked merit. It found that evidence to support his conviction was sufficient, and it disagreed that he was prejudiced by certain testimony. It also concluded that his sentence “was not substantively unreasonable.”
Solis, who was the majority owner of diving equipment and training company Add Helium and handled its day-to-day operations, was convicted in October 2021 (see 2201130073) and sentenced in January 2022 (see 2201130073). Add Helium manager Emilie Voissem received a five-month sentence in prison and a five-month term in home confinement.
In its decision, the appeals court said that Bureau of Industry and Security special agent Brent Wagner told Add Helium during an in-person visit in August 2016 that the company needed a license determination and possibly a license from the Commerce Department before shipping the rebreathers. Wagner also indicated that the granting of a license was unlikely due to the rebreathers’ military application, and that the company couldn't try to circumvent export control regulations by having someone else do the shipping.
Although Sotis skipped the Wagner meeting, he was briefed on it later and knew he wasn't authorized to export the rebreathers, the court wrote. Nevertheless, Sotis told Voissem to arrange for a local transportation company to ship the equipment to Libya. Add Helium didn't tell the shipping company about the government’s warnings.
During a follow-up meeting, Sotis informed Wagner that the rebreathers were on their way to Libya and that he couldn't get them back. The government was able to divert the shipment to Miami and seize it.