Tuesday, December 2, 2014

US v. International Minerals & Chemical Corp. case brief summary

US v. International Minerals & Chemical Corp. case brief summary

Defendant was charged with possessing certain acids in interstate commerce without listing them on the truck’s manifest. 

The issue here is whether the “knowledge” of the regulation is actually required.  The statute says “anyone who knowingly violates….”.

1.  Because of the nature of the chemicals being transported the probability of regulation is so great that anyone aware of them in his possession must be presumed to be aware of the regulation.

2. Where hazardous chemicals were involved, the probability of regulation was so great that anyone who was aware that he was in possession of them or dealing with them had to be presumed to have been aware of the regulation.

3. The court holds that ignorance of the law is no excuse and Congress did not plan to do away with this concept by putting in a “knowledge” requirement.

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