U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

Carmack Amendment Case Concerning International Shipping, and Criminal Matter

In Mitsui Sumitomo Ins. Co. v. Evergreen Marine Corp., No. 08-5184, an action involving damage to a shipment during travel by rail in the U.S. following carriage at sea from Japan, the court reversed partial summary judgment for defendant where, under the Supreme Court's decision in Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp., 130 S. Ct. 2433 (2010), the Carmack Amendment did not apply.

In US v. Mazza-Alaluf, No. 09-3940, the court affirmed defendant's conviction and sentence for conspiring to operate and actually operating an unlicensed money transmitting business, where 1) the trial evidence was sufficient to support defendant's conviction because 18 U.S.C. section 1960(b)(1)(A) does not require a showing that the unlicensed money transmitting business was a "domestic financial institution" as defined in 31 U.S.C. section 5312; 2) defendant's business transmitted more than $200 million from accounts located in three states without obtaining appropriate state licenses; and 3) the scope of defendant's activities - involving the unlicensed transmittal of more than $200 million - reasonably supported a forty-two-month incarceratory sentence even if various mitigating factors indicated to the district court that the sentence should not be as high as the 120-month statutory maximum that became his Guidelines range.

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