Local News in Brief : Costa Mesa : Conviction Upheld in Illegal Export Case

A federal appeals court has affirmed the 1987 conviction of a Costa Mesa man for attempting to export technical military manuals to South Africa.

The 9th District U.S. Circuit Court of Appeals in Pasadena also upheld Posey’s 4-month prison term and $12,000 fine for trying to illegally export manuals on jet and transport aircraft engines.

Through Newport Aeronautical Sales, Posey bought nonclassified military manuals from the government and sold them to prospective government contractors. His lawyers claimed that because the information he was attempting to sell was in the public domain under the Freedom of Information Act, his conviction should be overturned.

But in an opinion written by Judge William A. Norris and issued this week, the court held that the government has the power to restrict the export of information that is already available to the public.

Posey’s associate, Edward Bush of Agoura, was arrested 2 years ago as he attempted to board a plane to South Africa with three cases of manuals. He was convicted of violation of the Arms Export Control Act and sentenced to 3 years’ probation.