United States Second Circuit

Conviction for operating an unlicensed money transmitting business is vacated and remanded where: 1) the district court erred in refusing to give defendant's requested jury instruction on the scope of 18 U.S.C. sec. 1960; 2) the jury instruction error was not harmless, and defendant is entitled to a new trial; 3) the court did not abuse its discretion in ruling before trial that defendant could not offer evidence of his New Jersey license; 4) the court did not abuse its discretion in permitting the government to question defendant's witness about a complaint against defendant; and 5) the court did not abuse its discretion in denying defendant's unqualified request for funds to fly in witnesses, as defendant failed to establish that the witnesses were necessary for his defense.

Appellate Information

• Decided 07/31/2009
• Published 07/31/2009

Judges

• DENNIS JACOBS, Chief Judge:, Before:  JACOBS, Chief Judge, WALKER and CALABRESI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Michael A. Young, New York, NY, for Defendant-Appellant., Anirudh Bansal, Assistant United States Attorney (Christopher LaVigne and Kevin R. Puvalowski, Assistant United States Attorneys, on the brief), for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, for Appellee.