and of FTL.

FACTS

4
From the perspective of the government, the following was established at trial:


5
FTL is engaged in industrial testing by radiography, a process conducted by using portable devices known as "sources" or "cameras" which create an image of a metal object through the use of radiation.  Each source contains a small pellet of nuclear material emitting gamma radiation.  FTL was licensed to use such radioactive materials by the NRC and was subject to NRC regulations set out in 10 C.F.R. pt. 34 (1994);  see also 10 C.F.R. pts. 19, 20, and 71 (1994).


6
Gordon Finlay was the owner and chief executive officer of FTL.  In 1987 he owned 51% and his wife owned 49% of its stock.  In December 1991, after commencement of thebeing constructed on Johnston Island, 700 miles from Oahu.  FTL could not openly defy the law and report the breach to the NRC.  FTL needed swift transport of the sources;  to obtain it, FTL had to resort to deception.


8
In January 1987 Finlay directed the return of a source from Johnston Island to Honolulu by an employee secretly carrying the source aboard a military passenger plane.  Finlay sent out a replacement source to Johnston Island as unaccompanied baggage on a civilian passenger plane.  In the same month Finlay himself covertly carried a source on a passenger flight from Oahu to the Big Island of Hawaii and brought a source back in the same way.  In February 1987 FTL's radiation safety officer, Tim Carroll,