US v. Abbas, No. 22-1864 (1st Cir. 2024)
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The case involves Hassan Abbas, who was convicted on several counts of wire fraud and money laundering. Abbas was found guilty of participating in an email-based fraud scheme that targeted citizens of Massachusetts. He appealed his conviction on several grounds, including the appropriateness of Massachusetts as the venue for his trial.
In the lower courts, Abbas challenged the venue for his trial, arguing that the wire fraud and money laundering activities did not occur in Massachusetts. The district court denied his motion, determining that the issue of when the wired funds became "proceeds" was not capable of resolution before the trial.
Upon review, the United States Court of Appeals for the First Circuit affirmed Abbas's convictions for wire fraud but vacated his convictions for money laundering. The court found that the money sent from the victims did not become "proceeds" until it reached Abbas's bank accounts in Illinois and California. Therefore, Abbas did not "participate in the transfer of proceeds" from Massachusetts, making Massachusetts an improper venue for the money laundering charges. The court remanded the case for resentencing and recalculation of restitution.
The court issued a subsequent related opinion or order on May 3, 2024.
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