United States v. Al Kassar (S.D.N.Y.)

October 21, 2008

* United States v. Monzer Al Kassar, et al. (S.D.N.Y. Oct. 14, 2008)

Judge Rakoff has rejected an array of arguments seeking dismissal of an indictment charging three defendants with a conspiracy to provide arms (including SAMs) to the FARC.  Among other things, the opinion:

– rejects an outrageous government conduct challenge based on the use of a sting

– rejects the argument that the arms sale did not have a sufficient link to the United States to satisfy due process requirements (see also n. 7 specifically rejecting objections to extraterritorial application of 2339B – I’m not sure, but this may be the first time a court has expressly addressed that important question) Read the rest of this entry »