Conviction for operating an unlicensed money transmitting business is vacated and remanded where: 1) the district court erred in refusing to give defendant's requested jury instruction on the scope of 18 U.S.C. sec. 1960; 2) the jury instruction error was not harmless, and defendant is entitled to a new trial; 3) the court did not abuse its discretion in ruling before trial that defendant could not offer evidence of his New Jersey license; 4) the court did not abuse its discretion in permitting the government to question defendant's witness about a complaint against defendant; and 5) the court did not abuse its discretion in denying defendant's unqualified request for funds to fly in witnesses, as defendant failed to establish that the witnesses were necessary for his defense.
Appeal from the United States District Court for the Southern District of New York.
Argued: November 25, 2008
Decided: July 31, 2009
Before JACOBS, Chief Judge, WALKER and CALABRESI, Circuit Judges.
Opinion by JACOBS, Chief Judge.
For Appellant: Michael A. Young, New York, NY.
For Appellee: Anirdh Bansal, Assistant US Attorney, New York, NY.