United States v. Mahmoud Reza Banki


We successfully obtained reversal of an individual white-collar conviction in the United States Court of Appeals for the Second Circuit where our client was charged with violating the Iranian trade embargo and operating an unlicensed money transmitting business based on his receipt of family funds sent from Iran through an informal money transfer system called a hawala.  In a unanimous published opinion, the Second Circuit held that the ITR do not unambiguously prohibit non-commercial remittances, including family remittances, between the United States and Iran, and that the district court had erred in declining to instruct the jury that a “money transmitting business” must be an enterprise, not a single transaction as well as in improperly equating operation of a hawala with operation of a money transmitting business.

 

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