The right to appeal in a criminal case is fundamental to our justice system. But in many white-collar criminal cases, where a defendant has been convicted and sentenced to a relatively limited term of incarceration, the right to appeal is rendered meaningless unless the defense obtains bail pending appeal. Absent bail, in other words, the defendant may well end up serving all or most of his sentence before the challenge has even been heard.

Consider, for instance, the recent prosecution of Mahmoud Reza Banki, who was indicted in the U.S. District Court for the Southern District of New York in 2010 for violating the Iranian trade embargo by accepting a series of money transfers from family members in Iran. At trial Banki argued, among other things, that money for personal use did not constitute a violation. Banki was convicted and sentenced to 33 months’ imprisonment.

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