United States v. Banki
United States Court of Appeals for the Second Circuit
685 F.3d 99 (2012)
- Written by Rich Walter, JD
Facts
Mahmoud Banki (defendant) was an Iranian-born naturalized American citizen. Some of Banki’s Iranian relatives hoped to join Banki in the United States. To protect the family’s assets and finance their move, the relatives used the Middle East’s informal hawala trading system to transfer money to Banki’s American bank account. To facilitate this transfer, Banki made a second hawala transfer to parties in Iran. The government charged Banki with violating export controls banning the export of goods, technology, or services to Iran. President Clinton had exercised his statutory authority to impose that ban as a deterrent to hostile actions by Iran’s government. A district-court jury found Banki guilty. On appeal to the Second Circuit, Banki argued that the export controls applied only to services for which fees were charged and that the second hawala transfer fell within the export-control exemption for purely noncommercial transactions.
Rule of Law
Issue
Holding and Reasoning (Chin, J.)
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