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May 11, 2009 

Tennessee Professor Convicted of Export Control Violations Will be Sentenced This Wednesday

After numerous delays, the sentencing of University of Tennessee professor Emeritus J. Reece Roth for violating U.S. export control laws has been set for 10 a.m. on Wednesday, May 13, 2009 in federal court in Knoxville, Tennessee.

Atmospheric Glow Technologies Inc., who was alleged to be Dr. Roth's coconspirator and which plead guilty to violating U.S. export control laws, will be sentenced immediately before Dr. Roth.

By way of background, on September 3, 2008, professor Roth was convicted by a federal jury of one count of conspiring with Atmospheric Glow Technology to violate the Arms Export Control Act (AECA) and 15 counts of violating the AECA for exporting controlled technical data associated with an Air Force Research Laboratory contract to a Chinese national. Dr. Roth was also convicted of one count of wire fraud relating to defrauding the University of Tennessee of honest services by illegally exporting controlled technology associated with the Air Force contract.

Atmospheric Glow Technologies, a privately held plasma technology company located in Knoxville, Tennessee, plead guilty in August 2008 to 10 counts of a federal indictment charging the company with unlawfully exporting controlled technology to a Chinese citizen.

Dr. Roth faces a maximum penalty of five years in prison and a $250,000 fine for the conspiracy and fraud convictions. The 15 convictions for violating the AECA each carry a maximum penalty of 10 years in prison and a $1 million fine.

Atmospheric Glow Technologies faces a maximum criminal fine of $1,000,000 and a maximum term of five years of probation for each of the 10 counts.

This case has generated a great deal of interest and concern in the academic and research communities.

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