United States Second Circuit

In a prosecution for offenses involving transfers of money from Iran, the convictions are: 1) affirmed as to two counts, where: a) the indictment was not constructively amended; and b) there was no prejudice from an alleged impermissible variance between the evidence and the charge; and 2) vacated as to the other counts, where: a) the district court erred by failing to instruct the jury that non-commercial remittances to Iran, including family remittances, are exempt from the Iranian Transactions Regulations' service-export ban; and b) there was jury-instruction error in failing to define "money transmitting business" as an enterprise (not a single transaction) that is conducted for a fee or profit.

Appellate Information

• Decided 02/21/2012
• Published 02/21/2012

Judges

• Chin

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• E. Danya Perry, Kathleen M. Sullivan