NOORI

Since 1951, our Legislature has proscribed any person— other than specifically exempted financial institutions—from engaging “in the business of receiving money for the purpose of transmitting the same or its equivalent to foreign countries without first obtaining a license” from the Commissioner of the Department of Financial Institutions. (Fin. Code, § 1800.3, subd. (a).) Section 1823 makes it a felony for any person who has not complied with the department’s licensing requirements to represent that he or she is authorized to receive, or to solicit or receive, money for transmission to a foreign country. (§ 1823.) Following a bench trial, defendants Bijan Mehdipanah and Mostafa Noori were found guilty of violating section 1823. The trial court suspended imposition of sentence and placed Mehdipanah on formal probation, which included imposition of the maximum fine of $50,000. The trial court granted Noori’s motion to reduce his conviction to a misdemeanor and imposed summary probation.

Mehdipanah and Noori were tried on the understanding that section 1823 was a general intent crime, meaning that in addition to proving that defendants lacked the requisite license from…