ELR Citation: ELR 20058
No(s). 06-50422 (9th Cir. Mar 4, 2008)

The Ninth Circuit upheld an individual's conviction and sentence for unlawfully importing R-12 freon, an ozone-depleting substance. The individual was properly convicted for violating 40 C.F.R. §82.4, a regulation promulgated under the Clean Air Act (CAA) that prohibits the importation of “Class I” controlled substances. Under 18 U.S.C. §545, which prohibits fraudulent or knowing importation of merchandise "contrary to law," the term "law" includes a regulation when, and only when, a statute specifies that violation of the regulation is a crime. Here, the CAA specifies that violation of §82.4 is a crime. The individual was also properly convicted for violating CAA §113(c)(1) based on his having knowingly violated a regulation prohibiting the sale of R-12 freon to an improperly certified person. The term “knowingly” in §113(c) requires only that the defendant know the facts constituting the violation.