UNITED STATES v. RAFIEKIAN

No. 19-4803.

991 F.3d 529 (2021)

UNITED STATES of America, Plaintiff-Appellant, v. Bijan RAFIEKIAN, a/k/a Bijan Kian, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 18, 2021.


Attorney(s) appearing for the Case

ARGUED: Aidan Taft Grano , OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellant. James Edward Tysse , AKIN GUMP STRAUSS HAUER & FELD LLP, Washington, D.C., for Appellee. ON BRIEF: Steven L. Lane , Evan N. Turgeon , National Security Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; G. Zachary Terwilliger , United States Attorney, James P. Gillis , Assistant United States Attorney, John T. Gibbs , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellant. Robert P. Trout , TROUT CACHERIS & SOLOMON PLLC, Washington, D.C.; Mark MacDougall , Stacey H. Mitchell , John C. Murphy , Adam A. Bereston , Margaret O. Rusconi , AKIN GUMP STRAUSS HAUER & FELD LLP, Washington, D.C., for Appellee.

Reversed in part, vacated in part, and remanded by published opinion. Judge Wynn wrote the opinion, in which Judge Niemeyer and Judge Keenan joined.


A jury convicted Bijan Rafiekian of acting as an unregistered foreign agent and conspiring to do the same. But the district court later acquitted him of all charges and, in the event we disagreed with that decision, conditionally granted a new trial. The Government appeals. For the reasons that follow, we reverse the judgment...

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