United States v. Jalal Hajavi

Court of Appeals for the Eleventh Circuit·Decided May 30, 2025·No. 24-10329·Unpublished

Opinion

[DO NOT PUBLISH]

In the

United States Court of Appeals For the Eleventh Circuit

No. 24-10329

Non-Argument Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JALAL HAJAVI,

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:19-cr-00443-TWT-JEM-1

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Before ROSENBAUM, NEWSOM, and GRANT, Circuit Judges. PER CURIAM:

Jalal Hajavi appeals his convictions for willfully violating the trade embargo on Iran, as currently embodied in the International Emergency Economic Powers Act (“IEEPA”), codified at 50 U.S.C. §§ 1701–07, and regulations promulgated in accordance with that Act. Hajavi argues that the district court erred in failing to properly instruct the jury about the mens rea required for IEEPA violations, and that insufficient evidence shows he knew that his conduct— sending heavy construction equipment overseas to be reexported to Iran without a license—was unlawful. After careful review, and in light of our decision in United States v. Singer, 963 F.3d 1144 (11th Cir. 2020), we see no reversible error in the court’s jury instructions , and we conclude that sufficient evidence establishes that Hajavi knew his conduct was prohibited by federal law and regulations . Accordingly, we affirm.

I.

A grand jury in the Northern District of Georgia returned an indictment charging Hajavi with one count of conspiracy to violate the IEEPA and its regulations, see 50 U.S.C. § 1705, two counts of violating the IEEPA and its regulations, id., and one count of smuggling goods from the United States, see 18 U.S.C. § 554. Because Hajavi’s convictions all depend on the IEEPA and its implementing regulations, we begin with a review of the governing legal

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background before turning to the facts of Hajavi’s case and the district court’s instructions to the jury.

A.

The IEEPA authorizes the President of the United States to declare a national emergency and impose economic sanctions “to deal with any unusual and extraordinary threat.” 50 U.S.C. § 1701(a). The President also may issue implementing regulations. Id. § 1704.

In 1995, the President issued an executive order declaring that the Government of Iran constituted an unusual and extraordinary threat under the IEEPA. See Exec. Order No. 12957, 60 Fed. Reg. 14615 (Mar. 15, 1995). Subsequent executive orders prohibited the exportation, reexportation, sale, or supply of goods, technology , and services from the United States to Iran, and authorized the Secretary of the Treasury to issue implementing regulations. Exec. Order No. 12959, 60 Fed. Reg. 24757 (May 6, 1995); Exec. Order No. 13059, 62 Fed. Reg. 44531 (Aug. 19, 1997). These regulations are now known as the Iranian Transactions and Sanctions Regulations (“ITSR”). See 31 C.F.R. Part 560. The national emergency with respect to Iran remains in effect. See Continuation of the National Emergency with Respect to Iran, 83 Fed. Reg. 11393 (Mar. 12, 2018).

The ITSR generally prohibits all U.S. goods or services from going to Iran, directly or indirectly, unless authorized by a license issued by the Treasury Department’s Office of Foreign Assets Control (“OFAC”). Section 204 forbids “the exportation,

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reexportation, sale, or supply, directly or indirectly, from the United States, . . . of any goods, technology, or services to Iran or the Government of Iran.” 31 C.F.R. § 560.204. That prohibition includes the exportation, reexportation, sale, or supply of any goods, technology, or services to a person in a third country undertaken with knowledge or reason to know that . . . [s]uch goods, technology, or services are intended specifically for supply, transshipment, or reexportation, directly or indirectly, to Iran or the Government of Iran.

Id. § 560.204(a). Section 205 prohibits “the reexportation from a third country” to Iran of goods exported from the United States. Id. § 560.205(a). Section 206 outlaws “transactions and dealings” related to the export, reexport, sale, or supply of goods, directly and indirectly, to Iran. Id. § 560.206(a). And § 203 prohibits transactions that evade, avoid, violate, or attempt to violate the ITSR’s prohibitions, as well as conspiracies formed to violate such prohibitions . Id. § 560.203.

The IEEPA makes it “unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any license, order, regulation, or prohibition issued under [the IEEPA].” 50 U.S.C. § 1705(a). And it creates criminal liability for persons who “willfully” commit, attempt to commit, or conspire to commit a violation of any regulation issued under the IEEPA. 50 U.S.C. § 1705(c).

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B.

Hajavi was an Iranian citizen and lawful permanent U.S. resident who owned and operated a Florida company called JSH Heavy Equipment, LLC. JSH’s business involved trading in heavy construction equipment, including exporting such equipment from the United States to the Middle East.

In August 2014, federal investigators flagged a pending shipment from JSH to a company located in the United Arab Emirates (“UAE”) that had been deemed an unreliable recipient of U.S.- origin goods. The UAE is viewed by the U.S. government as a “transshipment diversion point[]” for embargoed goods, meaning a place where goods are sent from the United States to be rerouted to blocked destinations, such as Iran.

Tina Korb, an agent with the Department of Commerce’s Bureau of Industry and Security (“BIS”), identified Hajavi as the owner of JSH and spoke with him in person for approximately 45 minutes on August 26, 2014. During this outreach visit, they discussed Hajavi’s operations and various export regulations, including “embargoed countries” where Agent Korb said Hajavi “could not ship to” without a license issued by OFAC. As Agent Korb listed the covered countries, including Iran, Hajavi interjected that he was “well aware that he cannot ship to Iran because he was from Iran.”

Agent Korb also reviewed Hajavi’s responsibilities as an exporter regarding transshipment, or reexporting, of goods to Iran. She explained that it was illegal to ship U.S. items to the UAE that

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are then reexported to Iran, and that Hajavi, as the exporter of record , “can’t self-blind” and “needed to make sure who he was conducting business with.” She told Hajavi that “transshipment of items knowingly would be a problem, and that if that were to occur , there could be ramifications for that.” Agent Korb asked for additional information from Hajavi about the trading company and transaction to release the detention on his shipment. Before concluding the meeting, Agent Korb referred Hajavi to BIS’s website, which contained all of the information she had raised with him.

In the following weeks, Agent Korb emailed Hajavi to ask him for any correspondence with the trading company, and also to send various documents and information, including “best practices for preventing transshipment diversion, which discusses . . . making sure that your goods are not diverted into prohibited countries like Iran.” Hajavi never provided the requested information.

Although Hajavi told Agent Korb he mostly shipped to Jordan and Saudi Arabia, that’s not what U.S. export records showed. In fact, from 2009 through 2017, export records from the Automated Export System 1 reflect 254 total shipments made by Hajavi

1 The Automated Export System captures certain information reported to the U.S. government about shipments from the United States, including the name and address of the person or company exporting the goods, the “intermediate consignee,” if any, the “ultimate consignee” or intended user, and information about any required licenses, among other information.

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