Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

United States v. Duran

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
[PUBLISH]

Before WILSON and ANDERSON, Circuit Judges, and RESTANI,*fn1 Judge.

Franklin Duran (“Duran”), a Venezuelan citizen, was convicted of conspiring with one of his business partners and three other co-conspirators to knowingly act in the United States as an agent of a foreign government, without prior notification to the Attorney General of the United States in violation of 18 U.S.C. § 371, and of acting in the United States as an agent of a foreign government, without prior notification to the Attorney General, in violation of 18 U.S.C. § 951, as a result of his involvement in attempting to cover up the so-called “Suitcase Scandal” between Venezuela and Argentina. Duran’s business partner and the two other co-conspirators pled guilty to the same charges and testified against Duran at his trial. Duran now raises five issues on appeal: (1) that § 951 is unconstitutionally vague as applied to the facts of this case; (2) that Federal Rule of Evidence 404(b) character evidence was admitted for an improper purpose; (3) that the Government engaged in prosecutorial misconduct by improperly commenting on the Rule 404(b) evidence; (4) that evidence of Duran and his co-conspirators’ lack of knowledge of the notification requirement under § 951 was erroneously excluded; and (5) that the district court should have admitted several hearsay statements evidencing Duran’s lack of intent to act as an agent of a foreign government under § 951. Upon considering the briefs, the record, and after the benefit of oral argument, we affirm Duran’s convictions under 18 U.S.C. §§ 371 and 951.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Texas Legal Awards 2025
September 25, 2025
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
Legal Administrative Assistant

Legal Administrative AssistantRivkind, Margulies & Rivkind, P.A.Miami, FL, USAEmployment Type: Full-TimeBenefits Offered: Medical, Retir...


Apply Now ›
Risk Management and Litigation Associate Counsel - 23849

Position Type:Administrative and Central Office Office Title/Functional Title:Risk Management and Litigation Associate Counsel - 23849Civil ...


Apply Now ›
Agency Attorney, Enhanced Rate Equitable Services Unit, OGC

Process enhanced rate equitable services requests, response to filers and NYSED Inquiries. Receive, file, coordinate, and review ...


Apply Now ›
Go to Lawjobs