United States Court of Appeals,Second Circuit.
UNITED STATES of America, Appellee, v. Mahmoud Reza BANKI, Defendant–Appellant.
Docket No. 10–3381–cr.
Decided: October 24, 2011
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On appeal, Banki argues that the district court erred in several respects when instructing the jury on the conspiracy, ITR, and money-transmitting counts. He also argues that he is entitled to a new trial on the false statement counts because the government constructively amended the indictment. He further accuses the government of misconduct in its rebuttal summation, which he claims necessitates a new trial on all counts. Finally, he argues that he should be resentenced because the district court miscalculated the applicable offense level.
We AFFIRM in part, REVERSE in part, and VACATE and REMAND in part.
STATEMENT OF THE CASE
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1. The 2nd Circuit Court of Appeals holds, referring to dictionary definitions of "service" taking a more expansive view of the term, that the term "services" within the meaning of 560.204 includes "the transfer of funds on behalf of another [ ] even if not performed for a fee."
2. The 2nd Circuit also stated that:
"no provision in the ITR prohibits a United States person from remitting his own funds to an individual in Iran for a non-commercial purpose. See 31 C.F.R. §§ 560.201–.209 ('Prohibitions'); see also 31 C.F.R. § 560.204 (prohibiting exportation of "goods, technology, or services" to Iran, but not prohibiting exportation of funds)."
This is a notable statement, as it puts a rare line around what OFAC may consider a...