Thursday, September 22, 2011

Second Circuit-- United States v. al Kassar

Statute barring conspiracy to kill Americans applies extraterritorially.

Jurisdictional nexus defined by aims of conspiracy.

Entrapment and unproved element challenges rejected.

No outrageous conduct in extended sting operation.

No error in denying pretrial hearing on jurisdictional defenses, as no material facts at issue.

No constitutional or legal error in barring classified evidence of prior good acts.

Conspiracy to acquire SAM's is a crime, since the statute uses the word conspiracy.

Authorization by undercover agents doesn't mean that the arms deal was approved by the US.

Both elements of statutory scienter were in the instructions, though not divided into two parts.

Evidence sufficient unto the conviction.


United States v. al Kassar
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.