United States Second Circuit

Convictions and sentences for operating and conspiring to operate an unlicensed money-transmitting business and structuring financial transactions are vacated as to the fine imposed on one defendant and the sentencing enhancements applied to another where: 1) the record does not indicate that the fined defendant was given either notice that a fine of such magnitude was contemplated or an opportunity to be heard on his ability to pay such a fine; and 2) the district court failed to make specific findings or adopt the findings in the PSR in terms of the other defendant's obstruction-of-justice adjustment.

Appellate Information

• Decided 02/14/2008
• Published 02/14/2008

Judges

• Before:  KEARSE and SACK, Circuit Judges, and MILLS, District Judge .

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Pamela K. Chen and Jeffrey H. Knox, Assistant United States Attorneys, Brooklyn, NY (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Barbara D. Underwood, Counsel to the United States Attorney, David C. James, Assistant United States Attorney, Brooklyn, NY, on the brief), for Appellee., Arthur S. Friedman, New York, NY, for Defendant-Appellant Aref Elfgeeh., James M. Branden, New York, NY, for Defendant-Appellant Abad Elfgeeh.