UNITED STATES v. RAFIEKIAN

No. 22-4252.

68 F.4th 177 (2023)

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

United States Court of Appeals, Fourth Circuit.

Decided: May 18, 2023.


Attorney(s) appearing for the Case

ARGUED: Aidan Taft Grano-Mickelsen , OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellant. James Edward Tysse , AKIN GUMP STRAUSS HAUER & FELD, LLP, Washington, D.C., for Appellee. ON BRIEF: Evan N. Turgeon , National Security Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Jessica D. Aber , United States Attorney, Richmond, Virginia, John T. Gibbs , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellant. Robert P. Trout , SCHERTLER ONORATO MEAD & SEARS, LLP, Washington, D.C.; Mark MacDougall , Stacey H. Mitchell , Adam A. Bereston , Juliana C. DeVries , Samantha Block , Madeline M. Bardi , AKIN GUMP STRAUSS HAUER & FELD LLP, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge Wynn wrote the opinion, in which Judge Bredar joined. Judge Niemeyer wrote a dissenting opinion.


This case comes to us on appeal for a second time. In 2019, a jury convicted Bijan Rafiekian of one count of acting as an unregistered agent of a foreign government and one count of criminal conspiracy. But the district court granted a judgment of acquittal as to both charges and conditionally granted a new trial in the event...

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