United States v. Griffith (1:20-cr-00015) (SDNY) (Government Memorandum in Opposition to Motion; Dkt. 72)

Date issued: Nov. 19 2020

Last substantive commentary amendment:
Jan. 02 2024

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TURBOFAC Commentary (331 words)

Notes:

1) Read in conjunction with United States v. Griffith (1:20-cr-00015) (2021); OFAC "Licensing Determination".

This brief, which is likely to generally reflect OFAC’s views given the coordination between the DOJ and OFAC evident from the document linked above, is notable for its application of the logic of the United States v. Amirnazmi opinion to situations where live presentations at conferences may or may not qualify for the informational materials exemption. Here, the government acknowledges that the U.S. person’s attendance and presentation at the North Korean-located conference could have, in principle, qualified for the informational materials exemption, but the presentation was “Griffith’s presentation and his answers to questions were ‘bespoke’ and created for the DPRK’s specific interests and pre-approved topics”.

Note however that there is something to be said...