Counts Upheld in Arms Data Export Case

LOS ANGELES — A federal judge Monday refused to dismiss charges of illegal exportation against a Costa Mesa military-manual supplier.

George M. Posey, owner of Newport Aeronautical Sales, was indicted in March on charges of violating the U.S. Arms Export Control Act by shipping restricted technical manuals to South Africa and Argentina. The manuals were mainly for military aircraft.

Posey, 38, has maintained that he did not violate federal law by exporting the manuals because they did not contain classified information.

Most of Posey’s customers were defense contractors who used the information to formulate bids on government projects. Posey’s company frequently obtained technical manuals and other material by filing requests under the federal Freedom of Information Act.

Subject to Curbs

U.S. District Judge Ferdinand F. Fernandez ruled Monday that material obtained under the Freedom of Information Act could be subject to export restrictions.

The case first came to light on Feb. 7, when federal agents arrested a man working as a consultant for Posey at Los Angeles International Airport. The man, Edward James Bush, 51, of Agoura, was carrying three boxes of military aircraft manuals. He was about to board a plane for South America. Two of the boxes were destined for South Africa, and the third was to be shipped to Argentina, according to the indictment.

Bush, who previously pleaded guilty to one count of violating the Arms Export Control Act, is scheduled to be sentenced July 20 and has agreed to testify against Posey at his trial, which is to begin July 7. Bush faces a maximum sentence of 10 years in prison and a fine of up to $1 million.

If convicted, Posey faces a maximum sentence of 25 years in prison and a fine of $2.2 million.