United States v. Mazza-Alaluf, No. 09-3940-cr (2d Cir. September 22, 2010) (Sack, Raggi, Lynch, CJJ)
Mazza-Alaluf operated an unlicensed money-transfer business that, while based in Chile, sent millions of dollars through New York, Illinois and Michigan, without acquiring the appropriate state licenses. After a bench trial, the district court convicted him of violating 18 U.S.C. § 1960(a) and (b)(1)(A), which make it a crime to conduct an “unlicensed money transmitting business.” The statue defines this phrase as any such business that affects interstate or foreign commerce and “is operated without an appropriate money transmitting license in a State where such operation is [a crime] whether or not the defendant knew [that a license was required].”
On appeal, Mazza-Alaluf argued that the evidence was legally insufficient because the government failed to prove that his company was a “money transmitting business,” as referenced in 31 U.S.C. § 5313, which relates to “domestic …