Media Coverage 10.02.25
BIS’s New Export Control Rule Increases Compliance Burden for Companies
Source:
Global Investigations Review
Jennifer Kennedy Gellie’s experience as a former federal prosecutor and senior Department of Justice (DOJ) National Security Division official helps clients navigate enforcement and compliance for sanctions, export-control, Foreign Agents Registration Act (FARA) and trade matters.
As the former Chief of the Counterintelligence and Export Control Section in the DOJ’s National Security Division, Jenny has led landmark cases involving export controls, sanctions, foreign influence, corporate crime, nation state cyber intrusions, and both traditional and economic espionage. Jenny has helped shape the nation’s enforcement strategy across multiple administrations. She has extensive experience in both criminal and civil facets of national security law, coordinating DOJ’s enforcement efforts with OFAC, BIS, DDTC and other agencies, corporate voluntary self-disclosures, monitorships, FARA compliance and classified litigation.
Representative Experience
- Led team negotiating resolution resulting in record-breaking $4.3 billion financial penalty against world’s largest cryptocurrency platform for violations of Iran sanctions and served on monitor selection committee to effectuate the resultant corporate monitorship.
- Oversaw revisions to the National Security Division’s voluntary self-disclosure program and approved the first ever discretionary declinations to companies under that policy.
- Supervised the resolution of an investigation into a U.S.-headquartered multinational company that had illegally exported semiconductor electronic design automation (EDA) technology to a restricted Chinese military university, resulting in a corporate guilty plea and nearly $118 million criminal penalty.
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- Prosecuted a former U.S. intelligence officer for espionage, litigating discovery issues under Classified Information Procedures Act (CIPA), securing a conviction and 20-year sentence in the only espionage trial for over a decade, and successfully defending the verdict on appeal to the Fourth Circuit Court of Appeals.
- First prosecutor in the country to brief and argue propriety of service of criminal summons on a foreign corporation under the 2016 revision to Fed. R. Crim. P. 4., resulting in a district court order in the government’s favor, which was upheld on appeal to the Ninth Circuit.
- Prosecuted linguist for espionage for passage of classified national defense information concerning human assets to Hezbollah-associated individual, resulting in a 23-year prison sentence.
- Indicted Chinese hackers for cyber intrusions into U.S. companies to exfiltrate corporate trade secret information.
- Supervised charges against Iranian national and U.S. person charged with conspiring to export sophisticated electronic components—including parts found in the drone used to kill U.S. service members—from the United States to Iran in violation of U.S. export controls and sanctions.
- Oversaw prosecution leading to conviction of former U.S. senator and conspirators for corruption and acting as a foreign agent while serving as a U.S. government official in the first ever charged 18 U.S.C. § 219 case.
- Supervised prosecution leading to highest recorded 18 USC § 793 sentence for defendant who perpetrated one of the largest disclosures of U.S. national defense information in U.S. history by posting to a popular gaming site.
- Charged individual with economic espionage and theft of trade secrets in relation to alleged plan to steal a major U.S. tech company’s trade secrets related to artificial intelligence.
- Oversaw resolution against one of the world’s largest tobacco manufacturers for bank fraud and evasion of U.S. sanctions against North Korea, resulting in over $629 million in criminal penalties.
- Supervised negotiation of deferred prosecution agreement against company of violations of Foreign Corrupt Practices Act (FCPA) and the Arms Export Control Act’s International Traffic in Arms Regulations (ITAR), resulting in $950 million criminal penalty and served on monitor selection committee to effectuate three-year corporate monitorship.
- Approved first ever corporate resolution pursuant to the DOJ’s new mergers and acquisitions safe harbor policy, resulting in a declination for the acquiring company, non-prosecution agreement for the acquired entity and guilty plea of founder and former Chief Executive Officer of the acquired entity.
Professional Highlights
- Awarded Attorney General’s Award for Distinguished Service in 2022
- Recognized with the Attorney General’s John Marshall Award, the DOJ’s highest awards presented to attorneys for contributions and excellence in specialized areas of legal performance in 2020
- Awarded the Assistant Attorney General’s Awards for Excellence for cyber, espionage and FARA work in 2017, 2018, 2020, and 2021
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- Honored with the Director of National Intelligence Counterintelligence Investigations Award in 2018 and 2022
Education
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J.D., Boston University School of Law, 2009
cum laudeM.A., Tufts University, The Fletcher School of Law & Diplomacy, 2008
B.A., University of Virginia, 2003
with high distinction
Admissions
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District of Columbia
New York
Courts
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U.S. District Court for the District of Massachusetts
U.S. District Court for the District of Maryland
Fourth Circuit Court of Appeals
Languages
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Spanish