Transnational Criminal Organizations

Second Circuit Affirms in Arms Sale Stemming from Sting

By Robert Chesney
Saturday, September 24, 2011, 10:14 PM

A Second Circuit panel has affirmed, in United States v.Kassar (2d Cir. Sep. 21, 2011), the conviction of three defendants who were convicted on charges stemming from a sting operation involving a faux effort by the FARC to obtain weapons for use against U.S. personnel.  It’s a fascinating fact pattern.  As for the issues treated in the opinion, the include the expected reviews of the sufficiency of the evidence, a rejection of a constitutional challenge to the material support statute (relying on HLP v. Holder), and rejection of the argument that 18 USC 1114 and 1117 don’t apply extraterritorially, among other things.  Nothing terribly novel, I think, but all quite interesting to read nonetheless.